HomeMy WebLinkAboutCity Council Minutes 08-27-2002Adopted Minutes
Regular Council Meeting
August 27, 2002
Mayor Tierney 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 August 27, 2002.
COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Black, Slavik, Harstad,
Johnson, and Stein.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Fire Chief Kline,
Finance Director Hahn, Community Development Director Hurlburt, Park and Recreation
Director Blank, Police Chief Gerdes, Solid Waste Coordinator Vigoren, City Attorney Knutson,
and City Clerk Paulson.
Plymouth Forum
Jerry Unger, 10607 57th Place North, representing Harrison Place Homeowners Association,
discussed the City's surface water management fee. He stated staff has been reviewing whether
the City should maintain all the ponds in the City, and these costs would be allocated from the
water resources fund. He referred to the pond maintenance agreement for their development. He
explained there is a termination clause contained in the agreement, and they have met all the
clauses of the agreement. Therefore, they feel they could terminate the agreement, and the City
could assume the maintenance of the two ponds within their development. He stated the surface
water management fee should fund the maintenance of the ponds and drainage areas in the City.
He stated he desires to present a petition this evening for the City to assume the maintenance of
the ponds and to terminate their agreement with the City.
Mayor Tierney requested that he provide a copy of that agreement to staff and Councilmembers
Agreement No. 6486581, recorded on October 16, 1995).
Councilmember Black asked Mr. Unger if the ponds need to be cleaned immediately. Mr. Unger
replied no, as they were cleaned last winter by the developer. He stated the ponds will need to be
cleaned again in five years.
Councilmember Black noted that there was an adjustment made to the surface water
management fee for the Harrison Place development.
Mr. Unger stated he doesn't agree on how the fee is calculated for different parcels in the City.
He believes pond maintenance is a top priority. If their homeowners association were to be
responsible for the maintenance of the ponds, they would need to raise their association dues $2
per month per property to pay for the maintenance. Therefore, their development would be
paying twice, both through the association and through the City's fee.
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Regular Meeting of August 27, 2002
Page 2 of 12
Councilmember Black stated the Council has discussed maintenance of all the ponds in the City
as part of the 2003 budget discussions. Unfortunately, the City would be unable to assume those
costs due to State -imposed levy limits affecting the 2003 budget. She noted that it would cost
approximately $500,000 to begin the program, and it would cost approximately $300,000-
400,000 per year to fund the program. She stated that this program would only be for ponds,
not wetlands.
Mr. Unger stressed he isn't requesting the City to incur a lot of costs, but to do what is fair and
right for Harrison Place, which is to terminate the agreement. He commented that staff s
memorandum in the budget materials recommended that 15-30 ponds be cleaned per year. The
approximate cost of $500,000 seems high as a contractor informed their development that it
would cost approximately $5,000 per pond.
Councilmember Johnson thanked Mr. Unger for addressing the Council this evening. She stated
the entire Council is very frustrated with the tight constraints that are being placed on the 2003
budget due to levy limits. She stated the City would review the request to terminate the
agreement.
j Mr. Unger requested a date from the City as to when they would report back to him on the
termination of the agreement.
Public Works Director Faulkner clarified that Mr. Unger desires a response to his petitioned
request.
Mayor Tierney stated the City would report back to them after the agreement has been reviewed.
Presentations and Public Information Announcements
4.01) Recognition of Plymouth Soccer Association U13 Girls Dazzlers winning the State
Championship
Mayor Tierney and the Council presented a certificate to members of the U13 Girls Dazzlers
soccer team in recognition of winning the State Championship.
4.02) Presentation of Environmental Champion Awards
Environmental Quality Committee member Andy Walstead and Councilmember Black
announced the Environmental Champion awards, and Mayor Tierney presented certificates to
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Regular Meeting of August 27, 2002
Page 3 of 12
Georgann Bestler-Wenisch, Shelly Schultz, Jill Freshwaters, G & F Environmental Club (Abbey
Glaze, Thomas Churchill, Laura Holmes, Jake Hesselroth, Jacob Fantle, Alex Strom, Kelly
McInnes, Maddie Lambert, Elaine Chung and Carolyn Rucke), and Cub Scout Den 12, Pack 388
Andrew Differ, Max Geisler, Aaron Laska, Anthony Laska, Thomas McCullough, Ben Millis,
Mark Paluta and Timothy Patton).. In addition, awards were presented to John Barten and Dean
Barkley for their assistance on the phosphorous legislation.
4.03) Recognition of Firefighter Henry Ahrens receiving the 2002 Mike Ackerman Award
Fire Chief Kline reported on Firefighter Ahrens receiving the Mike Ackerman Award in
recognition of his contribution to the fire service. He explained this award is given by the North
Suburban Regional Mutual Aid Association.
Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to
suspend the rules to extend the Plymouth Forum at this time in order to allow a resident to
address the Council. With all members voting in favor, the motion carried.
Brad Kalin, 5115 Ives Lane, illustrated a drainage area in their neighborhood that has recently
been repaired. He explained this area is a basically a ditch that now has a two to one slope. He
stated there are many children in the neighborhood, and this is a liability issue and safety
concern. - -
Councilmember Black stated she has been monitoring this project, and she acknowledged that
there is a steep slope. She stated the option was either this type of construction to repair the
drainage area or installation of a pipe. However, the pipe installation would have cost
considerably more. She noted that one of the adjacent homes that continually had water in their
basement no longer has that problem.
Mr. Kalin encouraged the Council to review this drainage area. He requested there be
consideration to move the ditch five feet to the west so that the slope would become a three to
one ratio.
Mayor Tierney stated that staff would review the situation and provide a report back to the
Council
Approval of Agenda
Councilmember Johnson requested to add an update on the signalization at the intersection of
Schmidt Lake Road and Peony Lane as item No. 9.1 under Reports and Staff Recommendations.
Councilmember Black requested to add discussion on the drainage project at the Ives/Jonquil
neighborhood as item No. 9.2 under Reports and Staff Recommendations.
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Regular Meeting of August 27, 2002
Page 4 of 12
Councilmember Hewitt requested an update on the County Road 101 project as item No. 9.3
under Reports and Staff Recommendations.
Councilmember Harstad requested to add an update on the traffic issues on Kilmer Lane from
26th to 18th as item No. 9.4 under Reports and Staff Recommendations.
Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to
approve the amended a enda. With all members voting in favor, the motion carried.
Consent Agenda
Mayor Tierney asked if there were any additions, corrections, or deletions to be made to the
Consent Agenda.
Councilmember Harstad requested to remove item No. 6.16 and place it under General Business
as item No. 8.3.
j Steve Gardner complimented the City on item No. 6.15 where a lot of the existing trees would be
retained.
Motion was made by Councilmember Slavik, and seconded by Councilmember Black, to
approve the amended Consent Agenda, which included the followingitems: ems:
6.01) Special Council Meetings of July 23 and August 5, and Special and Regular Council
Meetings of August 13.
6.02) Resolution Approving Disbursements for the Period ending August 16, 2002 (Res2002-
3 82).
6.03) Resolution Approving Lot Consolidation for Property located at 5575 Highway 169
2002-52 — Res2002-383) and a Resolution Approving Site Plan and Variances for construction
of Walser Collision to be located at 5575 Highway 169 (2002052 — Res2002-400).
6.04) Ordinance Amending Chapter 21 of the City Code to classify Certain Land located North
of Highway 55, South of the Soo Line Railroad, and West of the Plum Tree Subdivision
2002058 — Ord2002-28), Resolution Approving Findings of Fact for rezoning of Property
located North of Highway 55, South of the Soo Line Railroad, and West of the Plum Tree
Subdivision (2002058 — Res2002-384), Resolution approving a Preliminary Plat and Variance
for Lundgren Bros. Construction for "Cascades" located North of Highway 55, South of the Soo
Line Railroad, and West of the Plum Tree Subdivision (2002058 — Res2002-385).
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Regular Meeting of August 27, 2002
Page 5 of 12
6.05) Resolution Approving Lot Consolidation for Elm Creek Golf for Property Generally
located North of the Soo Line Railroad and West of the Wayzata Senior High School (2002075 —
Res2002-386), and a Resolution approving a Site Plan, Conditional Use Permit and Variance for
Elm Creek Golf for Property located at 19010 State Highway 55 (2002075 - Res2002-387).
6.06) Resolution approving a Variance to exceed 1,000 square feet of Detached Garage Space
for James and Tracy Kochendorfer for Property located at 321 Wedgewood Lane North
2002085 — Res2002-388).
6.07) Resolution approving a Side Yard Setback Variance for SKI) Architects for Property
located at 2960 Pilgrim Lane North (2002086 - Res2002-389).
6.08) Resolution approving Site Plan Amendment and Variance to allow a Six -Foot High Fence
in the Front Yard on the Plymouth Gun Club Property located at 5400 Holly Lane (2002091 —
Res2002-390).
6.09) Resolution Approving Cooperation Agreement and Initial Agreement between the City of
Plymouth, Plymouth HRA, and the Minneapolis Public Housing Authority to accept 13 "MHDP"
Units for the Stone Creek Village Apartment Project (Res2002-3 9 1).
6.10) Resolution revising Appointments to the Elm Creek Water Management Organization
Res2002-392).
6.11) Resolution awarding Bid for Old Rockford Road Trail Improvements from Holly Lane to
Peony Lane (20 10 — Res2002-393).
6.12) Resolution Approving Plans and Specifications and ordering Advertisement for Bids for
Old Rockford Road/Peony Lane Intersection Improvements (2009 — Res2002-394).
6.13.1) Approve Certificate of Exemption from the Wetland Conservation Act for Jack Day
PIN No. 16-118-22-33-0002).
6.13.2) Approve Certificate of Exemption from the Wetland Conservation Act for the Elm
Creek Golf Course.
6.13.3) Approve Certificate of Exemption from the Wetland Conservation Act for the Walser
Chevrolet.
6.14) Resolution to approve Contract for Transit Consulting Services with G.C. Bentley
Associates, Inc. (Res2002-395).
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Regular Meeting of August 27, 2002
Page 6 of 12
6.15) Ordinance amending Chapter 21 of the City Code to classify Certain Land located South
of 8h Avenue and East of Hadley Lake (2002055 — Ord2002-29), Resolution Approving
Findings of Fact for Rezoning of Property located South of 8th Avenue and East of Hadley Lake
2002055 — Res2002-396), and a Resolution approving a Preliminary Plat and Two Variances for
Thomas Laitala and Joseph Sorrentino for Property located South of 8t' Avenue and East of
Hadley Lake (2002055 — Res2002-397).
6.16) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.3).
The motion carried to approve the amended Consent Agenda.
General Business
8.1) Consideration of Zoning Ordinance Text Amendment to Section 21145 to allow Home
Occupations within Attached Garages or Accessory Buildings (Samuel & Jennifer Syrstad
2002062)
Community Development Director Hurlburt reported that this item was tabled from the
August 13 Council meeting. She stated the motion on the table is to adopt an Ordinance and a
Resolution with findings of fact amending Section 21145 of the Zoning Ordinance to allow
interim home occupations to be conducted within an attached garage.
Mayor Tierney noted that the Planning Commission recommended denial of the request.
Sam Syrstad, 4160 Polaris Lane North, stated he spoke with Fire Chief Kline, and he is trying to
understand why the Council would support home occupations in attached garages but not
detached garages. In his discussion with Fire Chief Kline, he indicated that a detached accessory
building would be less detrimental if there would be a fire.
Fire Chief Kline agreed that from a fire protection standpoint, a detached garage would be better
than an attached garage if there was a fire incident.
Councilmember Black stated she doesn't support this type of activity for either type of structure.
She stated residential areas should be residential in character, not commercial.
Councilmember Slavik stated even though she wasn't present at the August 13 Council in which
this was discussed, she has viewed the videotape and minutes from the meeting, as well as
discussing this request with the applicant. She doesn't support expanding home occupations in
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Regular Meeting of August 27, 2002
Page 7 of 12
residential zoning districts. She explained that home occupations generate noise and traffic
which is not compatible with the character of the residential area.
There being no further discussion, the Council voted on the motion and with all members voting
against the motion, the motion failed.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Harstad, to
adopt a Resolution Deng a Request by Samuel and Jennifer Syrstad to amend Section 21145
of the Plymouth Cily Code 2002062 — Res2002-401).
Councilmember Harstad stated the enforcement of home occupations is by complaints. He noted
that the applicant has been in business for one year without any complaints. He stated the
previous motion addressed businesses in attached garages. He stated he would prefer they be
located in detached buildings in order to separate the business from the home if there was a fire.
He stated home occupations provide another source of income for individuals. He stated more
and more residents would find it attractive to operate a business out of their home. He stated he
doesn't support the motion.
j There being no further discussion and with all members voting in favor of the motion but
Harstad, the motion carried.
Mr. Syrstad thanked the City for their time. He asked the City Manager what he meant at the
previous meeting when he indicated that it's difficult to enforce certain City ordinances.
City Manager Johnson stated his concern was that the Council and public could over rely on the
City's ordinances to solve potential neighborhood problems.
Councilmember Black added there are older areas in the City that don't have a good transition
from residential to commercial use. She stated in her ward, there are noise and traffic issues.
She noted that the City has taken steps in the ordinances to make better transitions between the
uses in order to make the transitions easier.
Councilmember Harstad stated if there would be disputes between neighbors, a mediation
service could be utilized.
8.2) Consideration of Comprehensive Plan Amendment to incorporate the Property
located at 5405 Vagabond Lane into the MUSA and a Land Use Guide Plan Amendment to
reguide the Property from LAR to LA -1 (Metropolitan Council — 2002089)
Community Development Director Hurlburt illustrated the proposal. She explained the
Metropolitan Council is in the process of designing an Elm Creek interceptor through the
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Regular Meeting of August 27, 2002
Page 8 of 12
northwest part of the City. She stated as the project has been designed, there are homes outside
the service area that have their own utility systems. She stated this request would allow the
existing home at 5405 Vagabond Lane to be connected to public sanitary sewer service, in
conjunction with installation of the Elm Creek interceptor. The sewer connection is requested
because the alignment of the interceptor would require removal of the on-site mound system for
sanitary sewer disposal (private septic system) at 5405 Vagabond Lane. She stated unique
circumstances would make it infeasible to replace the mound system on the property.
Motion was made by Councilmember Judy, and seconded by Councilmember Black, to adopt a
Resolution Approving a Comprehensive Plan Amendment for the Metropolitan Council for
Property located at 5405 Vagabond Lane North (2002089 — Res2002-398).
Councilmember Hewitt asked about the schedule for the installation of the interceptor.
Bob Schunicht, from Bonestroo, engineering consultant, replied the project would be bid in
September. The City's portion of the project could begin in April or May 2003. He noted that
the contractor wouldn't have access to any easements until March 5, 2003. The goal is to
complete the project in August 2004.
Len Luedke, 17910 County Road 47, stated he was informed by the Metropolitan Council that
they couldn't impact certain properties; therefore, the sewer line would be placed to the north of
54 Avenue. He stated the City owns the property to the south of 54th Avenue and the line
couldn't run over this property. He was informed that he needs to accept the Metropolitan
Council's offer for easement, or his property would be condemned. He stated everyone should
have the opportunity to connect to the sewer line if the design remains as proposed.
Community Development Director Hurlburt stated the City's property was purchased as part of
the open space referendum. She noted that the City's property is the only parcel along the route
where the City is trying to protect the environmental values of that property.
Councilmember Black asked if the southern portion of the route would be straightened, would it
avoid any trees on the Luedke property. Community Development Director Hurlburt replied no.
Mr. Luedke stated the issue isn't about the trees but rather the disparity in how citizens are
treated when there is a governmental agency involved. He stated he planted trees along his
property line to enhance his property for future development. He believes that his trees are just
as valuable as the trees on the City's property.
Mr. Schunicht stated the Metropolitan Council prepares easement documents for those properties
that are affected. It was their understanding that the City's property was a very important
Adopted Council Minutes
Regular Meeting of August 27, 2002
Page 9 of 12
area that should be preserved. Regarding the Luedke property, they tried to locate the interceptor
as close to Lawndale Lane as possible, which would be a 30' easement, well within the setbacks
of any future development of the Luedke property. He noted that as part of the easement
negotiations, there would be compensation for tree and crop damage.
Councilmember Harstad asked if there would be the option of not open trenching the line. Mr.
Schunicht discussed the need for easements in order to have access to the manholes.
Anne Marie Solberg, representing William Baer of 5540 Ranier Lane, stated a large portion of
the interceptor would be located on Mr. Baer's property. Mr. Baer has issues with the soil
compaction and whether or not he could farm the land the following year.
Judy Luedke, 17910 County Road 47, stated the Metropolitan Council's offer for easements is
ridiculous. Their offer is less than $1.98 per square foot. She voiced her concern about their
trees and noted that compensation for lost trees is not mentioned in the agreement. .
Mayor Tierney informed Ms. Luedke that she should convey her concerns to the Metropolitan
Council.
Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to call
the question. With all members voting in favor but Harstad, the motion carried.
The Council voted on the main motion and with all members voting in favor but Harstad, the
motion carried.
8.3) Approval of Right -of -Entry Agreement for construction of Trail Adjacent to Mud
Lake Park Neighborhood
Councilmember Harstad requested to substitute "Lake Camelot" for Mud Lake in the Resolution.
Park and Recreation Director Blank clarified that Suburban Hennepin Regional Park District
does business as Three Rivers Park District.
Motion was made to adopt a Resolution Approving Right -of -Entry greement for Mud Lake
Park with changes to references of Mud Lake when the new name of Lake Camelot is confirmed.
Park and Recreation Director Blank stated the Department of Natural Resources has approved
the name of the Lake, but the City hasn't officially renamed the park.
With all members voting in favor, the motion carried.
Adopted Council Minutes
Regular Meeting of August 27, 2002
Page 10 of 12
Reports and Staff Recommendations
9.1) Update on Signalization at the Intersection of Schmidt Lake Road and Peony Lane
Public Works Director Faulkner reported the traffic signal would be turned on tomorrow, and the
engineer would perform the testing. Once the signal is operational, the markings on the roadway
would be completed. Staff has been keeping the school district and the area residents up-to-date.
9.2) Report on Drainage Project at Ives/Jonquil Neighborhood
Councilmember Black stated this project has been completed with the exception of establishing
ground coverage in the area. She is unclear what the Council desires from staff in relation to this
proj ect.
Mayor Tierney stated the Council could receive a more detailed report that would indicate if the
residents desired a pipe system.
City Manager Johnson stated Mr. Kalin also asked if the slope could be relocated five feet to the
west.
Councilmember Johnson stated there appears to be a safety issue with regard to the slope, and
she requested staff analyze that as well.
Mayor Tierney stated the residents who have contacted her appear to favor a pipe system.
Mr. Kalin stated that everyone who resides to the west of the ditch gained 15 feet, while
residents to the east of the ditch lost 15 feet. He questioned how the City could allow one set of
neighbors to lose 15 feet of their backyards and transform the area into a dangerous and slippery
slope.
Public Works Director Faulkner stated there was a large easement that varied on the lots. He
stated staff tried to construct the best system that would fit within the City's easement at a cost
that was significantly less than a pipe system. He indicated that if the pipe were installed, the
residents would have paid the difference between what was constructed and the pipe option.
However, only one property owner supported that option, and the assessments would have been
approximately $3,000. Staff met on several occasions with the neighbors to receive their input.
He noted that an additional easement would have been required if the slope was gentler. He
added that the area has been seeded.
Adopted Council Minutes
Regular Meeting of August 27, 2002
Page 11 of 12
Mr. Kalin stated he voted against the pipe. However, he didn't realize that he would lose 15 feet
of his rear yard. He suggested moving the slope seven to 10 feet to the west, which would
provide a three to one slope. He stated perhaps a retaining wall could be constructed so they
could regain a portion of their back yard.
Mayor Tierney stated that staff would review and analyze the project and provide a report back
to the Council.
Councilmember Harstad stated this item was initially on the Plymouth Forum, and he questioned
why it was placed on the regular agenda.
Councilmembers Johnson and Black stated the Council has done this in the past with other items.
However, staff is well aware of this project, as they have been working on it for the past month.
9.3) Update on County Road 101
Public Works Director Faulkner stated the contractors are working on the south end of the
project so the City can proceed with the landscaping plans. He stated the trail should also be
completed. The landscaping project would be bid in September with the Council awarding the
bid at the September 24 meeting.
Councilmember Hewitt stressed the need for staff to continually update the phone line
designated for this project so residents are always informed as to the status of the project.
Councilmember Johnson requested information also be provided on the City's public access
channel.
9.4) Update on Kilmer Traffic Issues from 26th to 18th
Councilmember Harstad stated staff recently sent a letter to residents on Kilmer-, which he is
concerned about, as he has been receiving a number of telephone calls.
Public Works Director Faulkner stated staff is reviewing how to designate this street to more of a
residential nature. He stated in an attempt to address residents' concerns, staff completed a
speed study which indicated that there is a considerable amount of traffic on this street, and the
speed of vehicles is relatively high. The City's Traffic Engineer sent a letter to residents in order
to receive their input on the installation of traffic diverters that could make the roadway one way
on either end. The majority of the residents were opposed to this suggestion. He stated this
roadway would qualify for the new Neighborhood Traffic Calming Program.
Councilmember Harstad stated residents were confused who had jurisdiction over this roadway.
i
Adopted Council Minutes
Regular Meeting of August 27, 2002
Page 12 of 12
Public Works Director Faulkner stated this is a City roadway, but staff would contact the
Minnesota Department of Transportation.
Mayor Tierney asked if there could be a half mile 25 mph enforceable area. Public Works
Director Faulkner replied he doesn't believe this would solve the problem.
Councilmember Harstad suggested that in the future, if staff intends to solicit input, they utilize a
survey format that would contain more options.
Police Chief Gerdes commented that there has been an enforcement campaign in this area the
past month.
Adi ournment
Motion was made by Councilmember Johnson, and seconded by Councilmember Slavik, to
adjourn the meeting at 9:07 p.m. With all members voting in favor, the motion carried.
Sandra R. Paulson, City Clerk