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HomeMy WebLinkAboutCity Council Minutes 11-26-2002Adopted Minutes Regular Council Meeting November 26, 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 November 26, 2002. COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Slavik, Black, Harstad, Johnson, and Stein. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Fire Captain Hurr, Community Development Director Hurlburt, Public Works Director Faulkner, Park and Recreation Director Blank, Lieutenant Franz, Human Resources Director Sobania, Building Official Ryan, Planning Manager Senness, Financial Analyst Kohn, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum There was no one present to address the Council) Presentations and Public Information Announcements 4.01) Oath of Office for Police Officer Jason Johnson City Clerk Paulson administered the Oath of Office to Police Officer Johnson. Councilmember Harstad recognized two members of Boy Scout Troop 477 who were present at the meeting. He stated that the youth are working on their citizen and community membership badge. 4.02) Plymouth Community Foundation Mayor Tierney reported a steering committee has been formed for the purpose of establishing a community foundation. She encouraged individuals to contact City Hall for referral if they are interested in participating. Approval of Agenda City Manager Johnson reported that the applicant for item No. 6.09 has requested to postpone that item to December 17. Adopted Council Minutes Regular Meeting of November 26, 2002 Page 2 of 15 He noted the correspondence that had been received for item No. 6.17 that requested the Council to table this item. He suggested that when the Consent Agenda is discussed, consideration be given to place this item under General Business. Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to approve the amended aizenda. 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. Mayor Tierney reiterated that the applicant has requested to postpone item No. 6.09 until December 17. Councilmember Johnson requested to remove item No. 6.17 and place it under General Business as item No. 8.25. Motion was made by Councilmember Harstad, and seconded by Councilmember Black, to approve the amended Consent Agenda, which included the followingitems: ems: 6.01) Special Council Meeting Minutes of October 8, October 22, November 12, and Regular Council Meeting Minutes of October 22 and November 12. 6.02) Resolution Approving Disbursements for the Period ending November 15, 2002 Res2002-526). 6.03) Resolution Approving a Variance to allow Zero Setback from the Building to Parking for Property located at 9625 36th Avenue North (2002128 — Res2002-527). 6.04) Resolution Approving Site Plan Amendment and Conditional Use Permit to allow a 66 - foot by 104 -foot Accessory Building to be located South of the Ice Arena at Central Middle School, 305 Vicksburg Lane North (2002107 — Res2002-528). 6.05) Resolution Approving a Final Plat for "Plum Tree 5h Addition" and Lot Width Variance:. for Proposed Lot 4 for Lundgren Bros. Construction, for Property located at Urbandale Lane and 48th Avenue North (2002136 — Res2002-529). 6.06) Resolution Approving Site Plan Amendment and Conditional Use Permit Amendment for a 3,521 Square Foot Addition for Three Classrooms and a Parking Lot Expansion at Ascension Lutheran Church located at 15870 46th Avenue North (2002121— Res2002-530). 6.07) Resolution Approving a Conditional Use Permit to allow Installation of a 75 -foot Monopole with Telecommunication Antennas and Related Equipment for Midwest Real Estate Adopted Council Minutes Regular Meeting of November 26, 2002 Page 3 of 15 Services; Inc. at Oakwood Square Shopping center, 1400 County Road 101 (200113.0 — Res2002-531). 6.08) Resolution Approving a Final Plat and Development Contract for "Cascades" for Lundgren Bros. Construction for Property located North of Highway 55, South of the Soo Line Railroad, and West of the Plum Tree Subdivision (2002058-F — Res2002-532) and a Resolution Adopting Assessments for Sanitary Sewer and Watermain Area for "Cascades" (2044 — Res2002-533). 6.09) (This item was postponed to December 17, 2002). 6.10) Resolution Approving Policy for City Purchase and Resale of Residential Properties Mes2002-534). 6.11) Resolution Approving Lot Division/Consolidation to allow the Transfer of Land located at 3500 Plymouth Boulevard to the Lifetime Fitness Site located at 3600 Plymouth Boulevard 2002143 — Res2002-5 3 5). 6.12) Resolution Authorizing Payment to Wayne W. sharp (P.O. S. Business Systems) for Outstanding ax Increment District No. 7-3 Pay -As -You -Go Note Balance (Res2002-536). l (6.13) Approve authorization for staff to issue a Request for Proposal for third -party safekeeping services. 6.14.1) Resolution Reducing Required Financial Guarantee for Walnut Grove Pond Addition 94100 — Res2002-537). 6.14.2) Resolution Reducing Required Financial Guarantee for Silverthorne 4t' Addition 97133 — Res2002-5 3 8). 6.14.3) Resolution Reducing Required Financial Guarantee for Cornerstone Commons P Addition (99050 — Res2002-539). 6.14.4) .Resolution Reducing Required Financial Guarantee for Silverthorne 5t' Addition 99075 — Res2002-540). 6.14.5) Resolution Reducing Required Financial Guarantee for Seven Greens (2001031 — Res2002-541). 6.15) Resolution Approving Request for Payment No. 3 and Final for Plymouth Boulevard Parking Bay and Overlay Improvements (1002 — Res2002-542). 6.16) Resolution Approving Revised Plans and Specifications and Ordering Advertisement for Bids for Highway 55/Old Rockford Road Area Utility Improvements (1033 — Res2002-543). Adopted Council Minutes Regular Meeting of November 26, 2002 Page 4 of 15 6.17) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.25). 6.18) Resolution Revising Resolution 2002-506 Approving a Final Plat and Development Contract for Orrin Thompson Homes for Phase I of "Timber Creek Crossing located at Schmidt Lake Road and Garland Lane (2001114F — Resolution2002-544). 6.19) Resolution Establishing Regular Meeting Dates for January and February 2003 (Res2002- 545). 6.20) Resolution Approving Settlement of Claim for Relocation Expenses for Kathy Archer Res2002-546). 6.21) Resolution Approving the Labor Agreement and Associated Letter of Agreement between the City of Plymouth and Maintenance Employees represented by AFSCME, Council 14 for the Calendar Years 2003 through 2004 (Res2002-547). 6.22) Resolution Approving the Appointment of Attorney Daniel Beeson to act as the Hearing Officer for all Issues relating to the Relocation Claims of Richard and Janice Pickering and James and Evelyn Anderson (Res2002-548). All members voted in favor. Public Hearings There were no public hearings). General Business 8.1) Consideration of Abatement of Hazardous Buildings/Properties at 3005 and 3015 East Medicine Lake Boulevard Building Official Ryan reported on the history of hazardous conditions for the properties owned by Peter Tysdal and located at 3005 and 3015 East Medicine Lake Boulevard. He stated both parcels are presently served by their own individual sewage treatment system. Although municipal sewer became available to serve both properties in 1970, neither property was assessed for sewer improvements, as a lift station would have been required to lift sewage from the house elevation to the sewer main. He stated in 2001, the City received several complains concerning potential sewage discharge into Medicine Lake from the properties in question. The matter was referred to the County to investigate. The County collected water samples to test for human sewage, and at that time, no verifiable evidence of human sewage was detected. Adopted Council Minutes Regular Meeting of November 26, 2002 Page 5 of 15 He stated regarding 3005. East Medicine Lake Boulevard, this is a single-family dwelling that has been used for rental purposes. On September 10, 2002, City staff and members of the County's Community Health Department, inspected the property based upon a complaint of sewage discharging into Medicine lake. The inspection findings revealed water with a strong sewage odor flowing on the ground, from beneath a small metal shed contained on the property, directly into Medicine Lake. Dye tablets were placed in the toilet serving the dwelling as well as into a metal standpipe of the septic tank serving the property. Upon flushing of the toilet and running water in the bathtub of the dwelling, the results revealed direct flowage of sewage into the lake. The property was then declared and posted as "unfit for human habitation" due to the imminent health threat to public health and safety and public health nuisance created by the failed system. The City and County notified Mr. Tysdal by letter on September 11, 2002 informing him of the inspection findings, together with the initial steps necessary to abate the public health nuisance of the property. The County also sent a letter to Mr. Tysdai on September 117, 2002 advising hili. that the dwelling could not be used for occupancy purposes due to the lack of proper sewage treatment or conveyance. He was also advised that the septic system serving the property met the definition of a cesspool according to Minnesota Pollution Control Agency Rules and could not be repaired or used as a holding tank with a pumping contract. He noted that on September 20, 2002, the City mailed a letter to Mr. Tysdal ordering that the house be connected to the municipal sanitary sewer system within 15 days as per Section 705.09, , Subd. 4 of the City Code. He stated the City received an appeal of the correction order from Mr. Tysdal on October 28. Mr. Tysdal also sent an appeal for the correction order for 3015 East Medicine Lake Boulevard. He noted that Mr. Tysdal has been advised of the process for permit fees and connection charges into the city's sanitary sewer system for each of the properties. He stated regarding 3015 East Medicine Lake Boulevard, which is Mr. Tysdal's residence, the City sent correspondence to Mr. Tysdal on September 16, 2002 requesting assistance to allow the City and the County to review the sewage treatment system. He was also advised that failure to schedule the requested inspection by September 27, 2002 would result in the City having to obtain an administrative search warrant to allow inspection and testing of the system. Mr. Tysdal didn't schedule an inspection, and the City obtained the search warrant on October 4, 2002. The City and County inspected Mr. Tysdal's property on October 11, 1002. The findings of the inspection revealed that the home was serviced by a cesspool system which is considered a failing system pursuant to Minnesota Statutes. In addition, it was noted that ponding sewage was observed above the top of the cesspool. The County sent correspondence to Mr. Tysdal advising him of their inspection findings and the need for him to contact the City to arrange for municipal sewer connection. The City mailed correspondence to Mr. Tysdal on October 16, 2002 ordering that the house be connected to the municipal sanitary sewer system within 15 days. The City also indicated in the letter that he has the option to request that the City assess the permit and connection costs against the property. Mr. Tysdal indicated that might be interested in pursuing that option, but has not made a commitment. Adopted Council Minutes Regular Meeting of November 26, 2002 Page 6 of 15 Councilmember Black asked if there is an appeal process. Building Official Ryan replied that under the section of the order contained in Chapter 7 of the City Code, there is no appeal process. Lynn Moore, Senior Environmentalist with Hennepin County, stated they responded to the first complaint in January 2001. They reviewed the sewage discharge, and they couldn't verify or prove that the systems were failing. Mr. Tysdal wasn't notified at that time, as there was no evidence of failure. Samples, over a two-month period of time, were collected from Medicine Lake during the summer of 2001. They were also unable to confirm that the systems_ were failing at that time. She noted that in lake water sampling, there are a lot of variables, i.e. pollution, currents, and temperature. Mayor Tierney stated her concern is who has been in contact with Mr. Tysdal. Ms. Moore replied it wasn't until theyey received a complaint in Septe i ber 2002 uiat they even had access to the properties and were visually able to view the failing systems. Councilmember Black stated residents who reside on the lake contacted her in January 2001 with concerns that sewage was leaking into the lake. Councilmember Johnson noted that Mr. Tysdal believes there is an appeal process in Section 4 of the City Code. Building Official Ryan stated that section relates to the rental licensing of dwelling units. The inspection that was conducted was in regard to the cesspool system and the condition of that system. It was not a rental inspection but an inspection to determine the condition of the sewer system. Peter Tysdal, 3015 East Medicine Lake Boulevard, confirmed that he is the property owner for 3005 and 3015 East Medicine Lake Boulevard. He stated he has always intended to connect to the City's utility system. He disagreed that municipal service has been available to him since 1970. His intention was to sell 3005 East Medicine Lake Boulevard after securing Variances for his building plans. This was in the lease agreement with his tenant. He stated the biggest obstacle has been a 12 -foot discrepancy in his property lines. After discussing this issue with several surveyors as well as the original surveyor, there are two property lines. One property line abuts the trail system, and the other property line goes through his garage. His attorney has indicated that this could be corrected. Today he contacted Hennepin Parks as he thought they prepared the survey for the trail system, but the City did. If a property line could be agreed upon, his draftsman would begin to prepare the plans. He stated that he never received any complaints on sewage problems until September 2002. He stated his building plans would greatly facilitate the need for a lift station. He noted his frustration in securing a contractor to work on his project as well as his desire to subcontract a majority of the work, which could save him approximately 10,000. He indicated that no one has resided at 3005 East Medicine Lake Boulevard since September 5. He believes that the overflow in sewage from 3005 East Medicine Lake Boulevard was attributed to the tenant taking two showers a day. He noted that there is the possibility of having one lift station to serve both properties, and since there are separate intakes to the properties, it wouldn't matter how the system would be constructed. Adopted Council Minutes Regular Meeting of November 26, 2002 Page 7 of 15 Councilmember Johnson asked Mr. Tysdal since he received the correspondence from the County, has he worked with staff to correct the problems. Mr. Tysdal replied he has made a few telephone calls, but he has been trying to secure a contractor for 3005 East Medicine Lake Boulevard. He stated there would be no damage to the environment if he isn't renting this property. He also believes that the cesspool system is working. He stated previously the system was pumped with the cap on. However, it was recently pumped with the cap off, and three feet of sewage was released from the bottom. He stated he would like to rent the property to a tenant who would use less water. This would allow him additional time to prepare the survey on the property. Councilmember Black asked Mr. Tysdal why he hasn't worked with staff since the first correspondence was received approximately 75 days ago., Mr. Tysdal replied that he was trying to prepare the correct survey of the property, and staff requested him to bring in the pians for the property when they were ready. He believes that the property line issue could be settled judicially rather than with a survey. Councilmember Black stated that a cesspool system is considered a failed system. Mr. Tysdal stated he is confused about cesspool systems as the City issued permits many years ago to install these systems. He questioned when these systems became illegal. Councilmember Harstad stated 3005 East Medicine Lake Boulevard has been discharging directly into Medicine Lake, and this property couldn't be occupied until Mr. Tysdal connects to the City's system. He stated 3015 East Medicine Lake Boulevard has a cesspool system, and even though the tanks have been cleaned, the system still needs to be replaced. He stated in terms of public safety, the system at 3015 East Medicine Lake Boulevard isn't as urgent as there is no discharge into the lake. He stated he would be more inclined to give Mr. Tysdal additional time on that property until he could settle the property line issue. Mayor Tierney stated she isn't very sympathetic to the situation as Mr. Tysdal is aware of how important the quality of Medicine Lake is to the City. She noted that the City is collecting from all residents a surface water management fee to assist in improving the water bodies in the City. She believes Mr. Tysdal should be required to connect to the City's system immediately. However, in regard to 3005 East Medicine Lake Boulevard, she asked if there would be a public purpose to connect that property to the City system if no one would be residing there. Community Development Director Hurlburt replied it is Mr. Tysdal's intention to rent that property. Mayor Tierney noted that Mr. Tysdal didn't vacate 3005 East Medicine Lake Boulevard until the City notified him. Therefore, she doesn't understand the lack of observation on his part. Mr. Tysdal reiterated that the overuse of City water on the tenant's part contributed to the problem. Adopted Council Minutes 1 Regular Meeting of November 26, 2002 Page 8 of 15 Community Development Director Hurlburt stated that the cesspool system has been pumped out, but as soon as there is water running through the system, there would be leakage. She recommended that the Council adopt the Resolutions for both properties that would deny the appeals and adopt the orders to remedy the hazardous conditions of both properties. Councilmember Stein asked Mr. Tysdal what his plans are for 3015 East Medicine Lake Boulevard. Mr. Tysdal replied he desires to construct a fence and a parking area, and to secure a Variance for the usable space and for the lift station. Councilmember Stein asked what the current status is for 3015 East Medicine Lake Boulevard. Building Official Ryan relied at the time of inspection, both properties failed. There was " evidence of human sewage discharging into the lake at 3005 East Medicine Lake Boulevard. The cesspool system had failed at 3015 East Medicine Lake Boulevard, but staff and the County were unable to gain access into the home to utilize the dye tablet test to determine if there was discharge into the lake. Mr. Tysdal confirmed that he wouldn't allow access to 3015 East Medicine Lake Boulevard, as he felt staff was selectively enforcing the City Code. He stated not every cesspool system in the City is inspected. Councilmember Stein asked what a failed system is. Ms. Moore replied that a cesspool system is determined to be a failed system by statutory definition. No sewage is treated, and there is no drain field. She stated in the 1989 City Code, cesspool systems were declared failed systems. She reiterated that sewage from 3005 East Medicine Lake Boulevard is discharging into the lake. Regarding 3015 East Medicine Lake Boulevard, since there were unable to detect the location of the system, the County hired a contractor. She and the contractor located the system the consisted of one bottomless system (upside down basket). There was six inches of sewage on top of the cesspool. Councilmember Stein asked if one could assume that there is leakage into the lake from 3015 East Medicine Lake Boulevard. Mr. Moore replied she couldn't confirm that. She reiterated that. cesspool systems are defined as failing systems, and she noted that this is the only system that she has inspected where there was sewage on top of the tank. Councilmember Stein asked what authority does the City need to perform the dye tablet test at 3015 East Medicine Lake Boulevard. City Attorney Knutson replied a search warrant to gain access into the home would be necessary. Councilmember Stein suggested that if sewage is being leaked into the lake from 3015 East Medicine Lake Boulevard, that property should also be deemed uninhabitable. However, Mr. Tysdal is being allowed to reside at that property. He voiced his support for the dye tablet test at that property. Mr. Tysdal stated that he would like to get this matter resolved. Adopted Council Minutes Regular Meeting of November 26, 2002 Page 9 of 15 Councilmember Black noted that there are only two septic systems on Medicine Lake, which are Mr. Tysdal's. The City also inspects sewage systems on the west side of the City. Motion was made by Mayor Tierney, and seconded by Councilmember Johnson, to adopt a Resolution Ordering Correction of Hazardous Property at 3015 East Medicine Lake Boulevard Res2002-549). City Attorney Knutson stated staff was concerned that if the Council were to grant an additional period of time, that would delay any correction to both properties. Councilmember Johnson asked throughout this process, would there be the opportunity for inspections to determine if there is sewage ponding on the surface or sewage discharge into the lake so the City could take immediate action. Building Official Ryan replied in order for the City and/or County to perform any monitoring at 3015 East Medicine Lake Boulevard, it would require a search warrant. Motion was made by Councilmember Stein, and seconded by Councilmember Black, to amend the main motion to include that a search warrant be obtained for the residence. With all members voting in favor, the motion carried. Councilmember Harstad asked that after the dye tablet testing, if there was sewage leaking, would Mr. Tysdal need to vacate the property. Mayor Tierney stated that she wouldn't oppose that. She added that this is a very serious situation that needs to be addressed. The Council voted on the amended main motion, and with all members voting in favor but Harstad, the motion carried. Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adopta. Resolution Ordering Correction of Hazardous Property for 3005 East Medicine Lake Boulevard Res2002-550). Mayor Tierney asked if the City could require Mr. Tysdal to connect to the City's utilities if the property isn't rented. Building Official Ryan acknowledged that there would be no imminent health if no one were residing there. However, because there is a cesspool system, the City Code requires that there be a connection to the City's utility system if there is human habitation. Community Development Director Hurlburt added the City Code doesn't provide an option if no one is residing at the property. She stated there are advantages to installing a lift station with a common discharge for both properties. Councilmember Slavik stated this property should also be addressed, as Mr. Tysdal has indicated his intent to rent the property. i Councilmember Black agreed and stated as long as there is a dwelling on the property, there is the opportunity to utilize that dwelling. 1 Adopted Council Minutes Regular Meeting of November 26, 2002 Page 10 of 15 Community Development Director Hurlburt stated that Mr. Tysdal would need a rental license to rent the property. Building Official Ryan added there were previous issues with regard to payment of the rental license fee. However, staff hasn't yet conducted an inspection of the property, and based upon those inspection results and findings, those issues would need to be addressed before a rental license would be issued. Councilmember Stein voiced his concern that if the Council doesn't approve the motion, the property may be rented. Mayor Tierney agreed. There being no further discussion and with all members voting in favor, the motion carried: S.2) Consideration of Rezoning from C_-' and C and C-4 for T hree Parcels including the Plymouth Shopping Center located South of Highway 55 and East of Cottonwood Lane Gem Enterprises — 2002092) Planning Manager Senness reported on the request of GEM Enterprises for the rezoning of the Plymouth Shopping Center property located at 11255 Highway 55 from C-2 Zoning District to a C-4 Zoning District. She stated the purpose of the C-2 district is to provide for low to moderately intense retail or service uses. The uses allowed are intended to provide goods and services on a limited community market scale while the purpose of the C-4 district is to provide for the establishment of areas devoted to high intensity retailing and service activities with a city- wide and multi -community consumer market. All of the uses allowed in the C-2 district are also allowed in a C-4 district. In addition, several of the uses allowed in the C-4 district are also allowed in the C-2 district, but on a smaller scale. These include book, stationary, furniture, and grocery stores. Notable uses not allowed in the C-2 district, but allowed in C-4 district include appliance and electronic stores (i.e Best Buy), building supply sales (i.e. Home Depot), department, discount and warehouse stores (i.e. Target, Walmart), sexually oriented businesses - principal (C-2 district allows only accessory SOBs) and theatres. When staff reviewed this application, the focus was on consistency with the Comprehensive Plan and redevelopment of the shopping center site. She stated staff has concluded that the age of the shopping center, limited amenities, problematic access and continual tenant turnover suggest that it would be difficult to maintain the center in its current status for the long-term future. However, staff doesn't support the rezoning request as:: 1) The shopping center doesn't meet the Comprehensive Plan criteria for community commercial development for access or transitions from residential neighborhoods; (2) The' current access to the property is problematic for any type of commercial use; (3) There is no transition or screening between the shopping center and the adjacent residential neighborhood, introduction of greater intensity uses allowed in C-4 could intensity the negative impact on the neighborhood; (4) The C-2 zoning allows for a wide range of uses on the property; (5) Expanding the pool of potential tenants has not appeared to halt tenant turnover and continuing vacancies at the shopping center; (5) The City has a history of working proactively with property owners on a case-by-case basis where prospective tenants to not fit into the existing zoning district; (6) Rezoning the shopping center to C-4 zoning limits the City's discretion if the Adopted Council Minutes Regular Meeting of November 26, 2002 Page 11 of 15 1 site is redeveloped; and (7) Rezoning to C-4 would allow redevelopment of the site for a "big box" retail use, despite concerns about access and transition to neighboring residential use. Councilmember Stein stated he would support the rezoning request of the property at this time, but there could be permitted uses in a C-4 district that could be in the shopping center if the sizes were limited. Planning Manager Senness agreed that there could be some uses permitted in a C-4 district that possibly could work at this site on a smaller scale. Councilmember Stein asked if the City would be placing a burden on the applicant for him to pursue a text amendment for a use such as a toy or jewelry store. Planning Manager Senness stated staff hasn't received any corripiaints frolil aii of the other C-2 disc CLS ul the City. However, where there are situations where the zoning doesn't fit the proposed use, they have. proceeded with the text amendment process. Jerry Kennedy, 11255 Highway 55, stated staff is concerned about redeveloping the property to a big box" use. He stated he has owned this property for 23 years, and he disagrees that the shopping center is a neighborhood center, as it doesn't fit that definition. He stated there is a total of 32,000 square feet, and how that is configured restricts the usage of the center. He would be pursuing very specific uses that are allowed in the C-4 district, and he noted the text amendment process involves the entire C-2 areas located in the City, not just his site. He stated that during the County Road 73 corridor study, a potential park and ride facility was discussed for 2004. Councilmember Harstad agreed and stated that this is one area that is being considered for such a facility. Mr. Kennedy stated the property would never be developed until County Road 73 is improved. He added that if he would have a tenant for a use permitted in the C-4 district, he would approach the City. Councilmember Stein stated in order to alleviate the need for a text amendment that would affect the entire City, could the City rezone the property to a PUD. Community Development Director Hurlburt replied that has been accomplished with the Plymouth Station and HOM Furniture. She stated the property owner needs to have a good vision for the use of the property. She noted that every property in the City that is vacant is in the similar situation. Councilmember Stein stated there are many uses in the C-4 district that could be allowed in the C-2 district if the sizes were limited. It would be a simpler process if the property was rezoned PUD, so if there were any changes to the use of the property, it would only affect Mr. Kennedy's property. Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to adopt a Resolution Denying a Request by Gem Enterprises for a Rezoning from C-2 to C-4 for the Plymouth Shopping Center located at 11255 Highwa 55_(2002092 — Res2002-551). Adopted Council Minutes Regular Meeting of November 26, 2002 Page 12 of 15 1 Councilmember Black stated this area wouldn't be able to handle a "big box" retail use; however, she would be interested in rezoning this property to a PUD. Councilmember Slavik agreed and stated that after working with the neighborhoods on the County Road 73 corridor study, she would like to maintain controls over this property. There being no further discussion and with all members voting in favor, the motion carried. 8.25) Resolution Denying Request for City to assume the Maintenance of Water Quality Treatment Ponds in Harrison Place on Bass Creek (94051) Motion as made by Councilmember Johnson, and seconded by Myor Tierney, to take no action at this time and to postpone any action until_ the City reviews a policy on pond maintenance and its relationships with homeowners associations. Councilmember Harstad indicated his support for the motion as there would be additional expense for the City to clean out all ponds in the City. Councilmember Black stated she would prefer to delay this issue until Mr. Unger could be present since he made the request. She stated she doesn't support delaying this item, as the Council is unsure as to when they would be reviewing a policy. Councilmember Stein agreed, and stated if the Council would determine in the future to approve a policy for the City to assume maintenance of the ponds, the water surface fee would need to be increased. A Substitute Motion was made by Councilmember Stein, and seconded by Councilmember Black, to table this item to December 17. Councilmember Slavik agreed that postponing this item indefinitely wouldn't be prudent. She stated there is an effort by Mr. Unger and others to contact other homeowners associations in actively pursuing the City to be responsible for the maintenance of the ponds. She agreed that there aren't funds in the budget to pay for this cost. Therefore, she supports the motion, and she noted that the Council would be conducting a future study session on this matter. Councilmember Johnson stated she doesn't support the motion. She agreed that the surface water budget doesn't contain the funding as well as the policy for the City to assume maintenance of the ponds. However, she is interested in discussing this in the future. She stated the homeowners associations are eager to have their ponds cleaned. She stated if the Council were to deny this request, and there would be a future policy, Mr. Unger would need to approach the City again. She believes it's the City's responsibility to make sure the ponds are being cleaned, and the homeowners associations are looking at the City for guidance or funding, as they don't have the expertise or funding in place. Adopted Council Minutes Regular Meeting of November 26, 2002 Page 13 of 15 Councilmember Harstad agreed and asked why the Council would table this to December 17 if the answer would be no. He stated it would be more advantageous to have a formal process to conduct a future Study Session and to review the budget. There being no further discussion, the Council voted on the Substitute Motion. With all members voting in favor but Tierney and Harstad, the motion carried. The Council voted on the main motion and with all members voting in favor but Tierney and Harstad, the motion carried. 8.3) Consideration of Sewer Rate Increase and Ordinance Amendments Financial Analyst Kohn reported on the proposed ordinance amending Section 715.05 0f the City Code by eliminating the Metropolitan Council's debt service charge and surface water surcharge, increasing the account and volume charges, and clarifying the language regarding calculation of sewer rates. Motion was made by Councilmember Johnson, and seconded by Councilmember Slavik, to adopt an Ordinance Amending Section 715.05 of the Plymouth City Code Adopting Revised Sanitary Sewer Fees (Ord2002-31). With all members voting in favor, the motion carried. 8.4) Consideration of Annual Update of Zoning Ordinance (City of Plymouth — 2002127) Community Development Director Hurlburt presented the proposed changes to the Zoning Ordinance. Councilmember Slavik stated she would support including the items for design height and roof pitch of single-family homes (summary item No. 18) that the Planning Commission removed as that would provide some type of consistency in neighborhoods. Motion was made by Councilmember Slavik, and seconded by Councilmember Black, to admit an Ordinance Amending the Text of Chapter 21 of the Plymouth City Code, Entitled the Plymouth Zoning Ordinance, including Summary Item No. 18 (Ord2002-552). Councilmember Stein asked how Summary Item No. 18 would address renovations to existing homes. He indicated that there many older cabins on the lakes that are being renovated into three story homes. Community Development Director Hurlburt replied the height limit would apply to an existing dwelling. Councilmember Stein stated he wouldn't support including Summary Item No. 18. He stated neighborhoods change over time, especially in the older neighborhoods. If the City were to include this item, there should be an architectural committee in place. Motion was made by Councilmember Stein, and seconded by Councilmember Harstad, to amend the main motion to delete Summary Item No. 18 from the Ordinance. Adopted Council Minutes Regular Meeting of November 26, 2002 Page 14 of 15 Councilmember Johnson if the Council were to include that section in the Ordinance, would property owners need a Variance. Community Development Director Hurlburt replied yes, as it would be a dimensional requirement. Councilmember Johnson stated she wouldn't support the amendment, as there would be a Variance process whereby the neighborhood would be notified to comment.: Councilmember Harstad and Mayor Tierney stated there is a natural evolution of neighborhoods. Councilmember Stein stated this would be a policy decision that if the Council desires neighborhoods to evolve or require property owners to conform to adjacent homes as far. as size limitations or architectural standards. He doesn't feel the City should limit a property owner on how they should construct their dwelling. Councilmember Slavik agreed that she doesn't want to restrict a property owner from changing or upgrading their home, but she is only protecting the expectations of a neighborhood. Therefore, she would support the Variance public process. Councilmember Stein stated the Variance process isn't the best procedure, as the City would be establishing architectural standards. He also noted that the height is subjective, and the current maximum building height is 3 5 feet. There being no further discussion, the Council voted on the amendment. With all members voting in favor but Slavik and Johnson, the motion carried. The Council voted on the amended main motion and with all members voting in favor but Slavik, the motion carried. Motion was made by Councilmember Slavik, and seconded by Councilmember Stein, to adopt a Resolution Approving Summary Publication of Ordinance 2002-32 (Res2002-552). With all members voting in favor, the motion carried. Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to suspend the rules to discuss item No. 6.21. With all members voting in favor, the motion carried. Councilmember Black commended staff in reaching a contract with employees. Reports and Staff Recommendations There were no Reports and Staff Recommendations). Adjournment Adopted Council Minutes Regular Meeting of November 26, 2002 Page 15 of 15 Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to adjourn the meeting at 9:30 p.m. With all mes voting in fav r the motion carried. mb r Sandra R. Paulson, City Clerk