Loading...
HomeMy WebLinkAboutCity Council Minutes 04-24-2001Adopted Minutes Regular Council Meeting April 24, 2001 A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:05 p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on April 24, 2001. COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Slavik, Johnson, Stein, Black, and Harstad (arrived at 8:15 p.m.). ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Lieutenant Twaddle, Fire Chief Kline, Park and Recreation Director Blank, Finance Director Hahn, Community Development Director Hurlburt, Public Works Director Moore, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum Larry Schnack, 17210 14th Avenue North, lives directly behind St. Philip the Deacon Lutheran Church. He provided two letters to Councitmember Slavik which the church is circulating to their parishioners and area pastors. He stated he just wanted to inform the Council what is occurring since the previous Council meeting, and he requested that they approve the Planning Commission's recommendation at the May 8 Council meeting. Presentations and Public Information Announcements 4.1) Presentation of Human Rights Commission Essay Winners Human Rights Commission Chair Jensen reported on this year's annual Human Rights Commission Essay contest. Certificates and awards were presented to Chris Harrison (first place), Janelle Hamre (second place), Molly Soderberg (third place), and Rebecca Litt (fourth place). 4.2) Volunteer Appreciation Week Mayor Tierney read the proclamation declaring the week of April 22-28 as "Volunteer Recognition Week." Motion was made by Councilmember Hewitt, and seconded by Councilmember Black, to adopt the Proclamation. With all members voting in favor, the motion carried. Adopted Council Minutes Regular Meeting of April 24, 2001 Page 2 of 13 Volunteer Coordinator Anderson gave a presentation on the 2000 statistics for City volunteers. Approval of Agenda Councilmember Slavik requested to add a report on St. Philip the Deacon Lutheran Church's request for expansion of their parking lot as item No. 9.0 under Reports and Staff Recommendations. Mayor Tierney requested to add an update on the League of Minnesota Cities Conference as item No. 9.2 under Reports and Staff Recommendations. Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to approve the amended agenda. With all members voting in favor, the motion carried. Consent Agenda Councilmember Slavik requested to remove item No. 6.11 and place it under General Business as item No. 8.2. Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to approve the amended Consent Agenda which included the following items: 6.01) Minutes from Special Council Meeting of March 20, Special Council Meeting of March 27, Regular Council Meeting of March 27, Special Council Meeting of April 3, and Board of Review of April 17. 6.02) Resolution Approving Disbursements for the Period Ending April 13, 2001 (Res2001-). 6.03) Resolution Approving Tobacco License for Lund Beverages, LLC, 3455 Vicksburg Lane Res2001-158). 6.04) Set May 22, 2001 as Public hearing to consider adoption of an Official Map for the Highway 55 frontage road east of West Medicine Lake Drive. 6.05) Resolution Approving Encroachment Agreement for Deck Construction at 11220 52nd Avenue North (Res2001-160). 6.06) Resolution Authorizing the Mayor and City Manager to enter into a Service Agreement with Home Free shelter for 2001 (Res2001-161). Adopted Council Minutes Regular Meeting of April 24, 2001 Page 3 of 13 6.07) Approve Proclamation Designating the Week of April 23 as Days of Remembrance. 6.08) Resolution Appointing Sandy Hewitt to Northwest Hennepin Human Services Council Executive Committee (Res2001-162). 6.09) Resolution Approving Hennepin County Waste Delivery Agreement (Res2001-163). 6.10) Resolution Approving Concrete Work for 2001 and 2002 (Res2001-164). 6.11) (This item was moved to General Business as item No. 8.2). 6.12) Resolution Approving Award of Bid for Greenwood Elementary School Construction of Youth Sports Facilities (Res2001-165). Motion carried to approve the Consent Agenda. Public Hearings 7.1) Public Improvement Hearing on Plymouth Boulevard Improvements including Parking Bays Public Works Director Moore reported there are two improvements proposed for Plymouth Boulevard that include the reconstruction of the roadway from 36th Avenue northerly to County Road 9, and adding parking bays from 34th Avenue northerly to 37th Avenue. He stated the 22 parking bays that have been approved as part of a development from 35th Avenue to 36th Avenue are not part of this project. He stated the parking bays would add 95 on -street parking spaces. He stated these types of improvements would incorporate Plymouth Boulevard as part of the City Center area, and hopefully discourage through traffic from Highway 55 to County Road 9. He explained the total costs of the parking bays are $115,000, and this cost would be 100% assessable to the benefiting property owners. The cost for the street overlay portion of the project is $134,400, and $48,362 of that amount would be assessed with the remaining balance of the cost coming from the City's infrastructure replacement fund. He stated there would also be some minor repair to the City's storm sewer as part of this project. If the Council approves the project, staff could prepare the plans and specifications and advertise for bids. However, the construction wouldn't begin until after Music in Plymouth. The would still allow ample time to complete the project before winter. He stated this project was initiated by the City for the parking bays and street reconstruction. He stated if the City were to petition for the project since the City owns 35% of the property, only a majority vote of the Council is required for approval. If no petition is approved, six affirmative Adopted Council Minutes Regular Meeting of April 24, 2001 Page 4 of 13 votes are required by the Council in order to improve the project. He stated the packet materials contain a Resolution approving the petition if the Council so desires. Mayor Tierney opened the public hearing for testimony. Bev Kottas, 1615 Linner Court, Minnetonka, stated they own the Community Bank of Plymouth located at 34th Avenue and Plymouth Boulevard. She does not support on -street parking, as she is concerned about the type of traffic it would create. She noted that their business is located on a curve and on a hill, which would make the on -street parking even more difficult. Charles Youngberg, 3850 Plymouth Boulevard, stated he lives in a condominium located off Plymouth Boulevard, and he would be assessed $148 for this improvement. He questioned how this project would benefit him. He is concerned about reducing the traffic lanes and constructing the parking bays. Matt Van Slooten, representing Carlson Companies, stated this parking is an essential part of the overall City plan for the area which requires the buildings to be up close to the streets. He stated this vision for the City Center area has been part of the plan since its beginning, and he questioned how it can be "second guessed" when currently there are developments planned for this area. He stated if the on -street parking isn't approved, the parking wool be scattered, and people would be forced to park in the back of buildings. He stated the roadway would be safer as pedestrians would only need to cross two lanes of traffic versus four. He requested the Council to approve this project. There being no one else wishing to appear before the Council, Mayor Tierney declared the public hearing closed. Public Works Director Moore stated regarding Mr. Youngberg's comments, the condominiums are only being assessed for the street reconstruction, not the parking bays, as their development utilizes Plymouth Boulevard to access their property. Motion was made by Councilmember Black, and seconded Resolution Accenting the and Overlay Improvements (Res2001-166). to Public Works Director Moore reassured the Council that the Carlson Development would be paying the entire costs of the 22 parking bays in front of their building. Adopted Council Minutes Regular Meeting of April 24, 2001 Page 5 of 13 Councilmember Johnson asked if Carlson's parking bays would be constructed simultaneously with the entire Plymouth Boulevard project. Public Works Director Moore replied that it is the intent. Councilmember Hewitt stated she would be supporting the motion; however, in her opinion, this improvement would create congestion. She stated she likes the appearance of the improvement and the option to remove the parking bays in the future if necessary. Councilmember Slavik stated that she would support the motion. However, she continues to be concerned about pedestrian safety, and she favors raised pedestrian crossings even though there isn't support from the Council. There being no further discussion and with all members voting in favor, the motion carried. Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to adopt a Resolution Declaring Adequacy of Petition for Plymouth Boulevard Parking Bays and Overlay Improvements (Res2001-167), and a Resolution Ordering Improvement and Preparation of Plans and Specifications for Plymouth Boulevard Parking Bays and Overlay Improvements (Res2001- 168. With all members voting in favor, the motion carried. 7.2) Assessment Hearing on False Fire Alarm Permit Fees Finance Director Hahn stated these proposed assessments are for past due fire alarm fees with some fees dating back to August 1999. Property owners were notified and notices were published in the newspaper. Since the City's notification, one property owner as paid their assessment. The remaining property owner is scheduled to meet with Fire Chief Kline on Wednesday. However, he recommended that the Council adopt the assessment as it could be reviewed at a later time if necessary. Mayor Tierney opened the public hearing for testimony. There being no one wishing to appear before the Council, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Johnson, and seconded by Councilmember Hewitt, to adopt a Resolution Adoutine Assessments for 2001 Past Due False Fire Alarm Permit Fees Res2001-169). With all members voting in 7.3) Assessment Hearing on 2000 Weed Eradication and Destruction, Roll 2 Adopted Council Minutes Regular Meeting of April 24, 2001 Page 6 of 13 Finance Director Hahn reported the assessments are from 2000. Property owners have been notified, billed, and given at least 30 days to pay the costs. He recommended adoption of the assessments. Mayor Tierney opened the public hearing for testimony. There being no one wishing to appear before the Council, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Slavik, and seconded by Councilmember Black, to adopt a Resolution Adopting Assessments for 2000 Weed Eradication and Destruction, Roll 2 (Res2001- 170). 7.4) Assessment Hearing on 2000 Diseased Tree Removal and Destruction, Roll 2 Finance Director Hahn reported the assessments are from 2000, and required notification was provided to the property owners. He stated correspondence was received from one resident requesting that his assessment be lowered. Staff has provided a response to this correspondence and recommends that the assessment not be amended. He recommended adoption of the assessments. Mayor Tierney opened the public hearing for testimony. There being no one wishing to appear before the Council, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adopt a Resolution Adopting Assessments for 2000 Removal and Destruction of Diseased Trees, Roll 2 Res2001-171). 7.5) Approval of Off -Sale Intoxicating Liquor License for Lund Beverages, LLC, 3455 Vicksburg Lane City Clerk Paulson reported on the request of Lund Beverages, LLC for an Off -Sale Intoxicating Liquor license for their new business to be located at 3455 Vicksburg Lane. Mayor Tierney opened the public hearing for testimony. Lund representatives stated they would answer any Council questions. Adopted Council Minutes Regular Meeting of April 24, 3001 Page 7 of 13 There being no Council questions for the applicant, and no one wishing to appear before the Council, Mayor Tierney declared the public hearing closed. Councilmember Stein questioned whether this application should be tabled until the Council conducts their Study Session on liquor licenses. Mayor Tierney stated that wouldn't be necessary, as there may not even be an impact on the applicant from that discussion. Motion was made by Councilmember a Resolution A Off -Sale Vicksburg Lane (Res2001-172). and seconded by Councihnember at 3 Councilmember Slavik agreed with Mayor Tierney that what the Council discusses at their Study Session should have no affect on the issuance of this license. Councilmember Harstad stated he supports the motion, and he stated tabling the license at this point would be unfair to the applicant. Councilmember Black explained the Council has previously discussed limiting the number of liquor licenses in the City. If the Council were to establish limits, this business could be impacted. Councilmember Johnson stated she supports the motion. She suggested the possibility of a short-term moratorium on the issuance of liquor licenses. She requested staff to notify all liquor license holders of the Council's Study Session date when it is determined. Mayor Tierney stated she wouldn't support a moratorium. Councilmember Hewitt agrees with Mayor Tierney, and she stated that it's unfair to the applicant to change the process at this point. Councilmember Stein stated he is not opposed to Lund's liquor license, but staff should notify any future applicants that the Council would be studying the liquor licenses. There being no further discussion and with all members voting in favor, the motion carried. Adopted Council Minutes Regular Meeting of April 24, 2001 Page 8 of 13 General Business 8.1) Approval of Rezoning and Preliminary Plat for 10 Twinhome Units and 18 Single - Family Detached Homes for Sunrise Park Development (South of 341h Avenue and East of Pilgrim Lane — 2001008) Community Development Director Hurlburt reported a citizens petition requesting an Environmental Assessment Worksheet was submitted to the Minnesota Planning Environmental Quality Board. Once the Board receives the petition, it is forwarded to the City for their review. She stated this project is exempt from any environmental reviews as it contains less than 40 units 28 units). Motion was made by Mayor Tierney, and seconded by Councilmember Johnson, to affirm the finding that this project is exempt from the environmental review process. With all members voting in favor, the motion carried. Community Development Director Hurlburt illustrated the proposed layout of the project and its location. She explained the applicant is requesting approval to rezone the northern 5.1 acres of this 18.65 -acre site from RSF-2 to RSF-4 and approval of a Preliminary Plat to allow the creation of 28 lots. She stated the applicant is proposing to construct 10 twinhomes and 18 single-family detached homes on the site. The 10 twinhome units and one single-family home would have direct driveway access onto 34th Avenue, 12 single-family homes would gain access to 34th Avenue via proposed Nathan Lane, and five single-family homes would gain access to 31" Avenue through installation of a cul-de-sac turn around at the east end of that existing street. She provided the history of this property, and she compared the previous plans that have been submitted for redevelopment of this property She stated the main difference between the current application and the previous plan is the number of units has been decreased, and there are no twinhomes in the center of the site. There has also been additional landscaping proposed adjacent to Nathan Lane. She stated a new wetland report would be required for this project as the previous wetland plan expired. Councilmember Slavik asked why a private drive is being proposed within the development. Community Development Director Hurlburt replied it is very common, and it avoids excessive long cul-de-sac streets. Maintenance of this private drive would be the responsibility of the homeowners association. Councilmember Johnson asked when there are private drives, are there laws for the maintenance of those roads so they aren't eventually the City's responsibility. City Attorney Knutson stated he is not aware of any type of requirement. Adopted Council Minutes Regular Meeting of April 24, 2001 Page 9 of 13 John Baranauskas, 3250 Pilgrim Lane, illustrated pictures that highlighted the impact of the recent heavy rainfall in the area proposed to be redeveloped. He stated the excessive water in this area flowed for 36 hours, and he questioned how the holding ponds could handle this volume of water. Jon Bolen, 3260 Pilgrim Lane, stated none of the plans submitted for this property have avoided the wetland. He stated the current plan would be impacting the wetland in the center of the development. Jay Duggan, 3320 Pilgrim Lane, thanked the Council for being patient with all the plans that have been submitted for this property. He stated he is more pleased with the current plan, but he still has concerns. He stated he finds it difficult believing that the proposed development would fit in this area. He also mentioned the impact the water had in this area from the recent heavy rainfall, and he also had water standing in his back yard. He is unsure how there could be housing in this site and still allow the wetland to flow like it's intended to. He suggested that the City's inspectors require the basements of these homes to be either water resistant or water proofed. Steve Gardner, 10717 10th Avenue North, stated this project would remove 500 sizable trees with the majority of them being oak trees. He stated during the past eight months, the City has lost 3,500 trees in some of the large developments. He requested that staff indicate how many trees are cut down with developments. He mentioned the 10 twinhomes along 34th Avenue, and he asked if constructing the homes amongst the trees could save more of those large oak trees. Community Development Director Hurlburt stated regarding making the basements of the homes water resistant, this is not a requirement of the City. However, the lowest floor elevation of the home has to be a minimum of two feet above the 100 -year flood level. She stated regarding the tree preservation, staff s reports outlines the City's tree preservation requirements. Public Works Director Moore stated there are two water quality treatment ponds contained in this development. He explained approximately 60% of the phosphorous has to be removed from the ponds before it's emptied into the wetlands. He stated this is a large retention area as defined by the City's Land Use Plan. Derek Passe, from Passe Engineering, explained the existing culvert on 34th Avenue would be piped around the rear of the homes and drained into the wetland. They would be treating not only the runoff from the roofs but the rear yards as well. He illustrated which homes would have slabs and those homes that would have basements. He stated the basements are for those homes that would have walkouts and would be preserving trees. He explained maintenance of the Adopted Council Minutes Regular Meeting of April 24, 2001 Page 10 of 13 private drive would be their responsibility, and it would be seal coated periodically. They have strived to maintain the current number of trees and add more trees throughout the development. In addition, they would be routing the majority of the traffic out through 34`h Avenue. Lastly, the holding ponds would be maintained, and the runoff of the site would not be increased due to this development. Mayor Tierney stated after she walked the site, this area appears to be a highly disturbed area. Therefore, she asked if there is any idea to determine what really is wetland. Mr. Passe stated wetland is determined on how it appears today. Councilmember Stein indicated the need for a wetland report due to the amount of water on site. Community Development Director Hurlburt stated before a wetland report is prepared, spring growth needs to occur first. However, staff is confident that the new report wouldn't vary more than the original report. Public Works Director Moore stated the wetland report and the mitigation plan would be presented to the Council for final approval. Motion was made by Councilmember Harstad, and seconded by Councilmember to adopt an Ordinance Amending Chapter 21 (Zoning Ordinance) of the City Cc( Certain Land located South of 34` Avenue and East of Pilgrim Lane. Councilmember Harstad stated this has been an extremely difficult site to develop. He has been impressed with the developer's compromise and changing the development. Therefore, he supports the proposed development. Mayor Tierney stated she could support the rezoning. Motion was made by Councilmember Johnson. and seconded Black to offer a substitute motion to deny the Ordinance rezoning the property and direct staff to prepare the findings of fact for the May 8 meeting. Councilmember Johnson stated she hasn't been convinced that rezoning this property would be in the best interest of the City. Councilmember Black echoed Councilmember Johnson's comments and stated her issue is the wetland the mitigation. She noted that State law requires that wetlands should be avoided first, and if that isn't possible, then mitigation. Therefore, she doesn't support this development. Adopted Council Minutes Regular Meeting of April 24, 2001 Page 11 of 13 Mayor Tierney stated this property is near the wetlands, and there is adequate space for mitigation. Councilmember Black stated the first plan avoided more of the wetland which she supports. With lower densities, more of the wetland could be avoided. Mayor Tierney stated there is balancing with some of these issues (tree preservation and avoiding wetlands). She stated previous plans submitted for this property had higher density levels and destroying more trees. Councilmember Johnson stated the developer could be reacting to comments received about avoiding 31" Avenue as access to the development. She acknowledged that there have been some positive changes from the first two plans; however, she hasn't been convinced that rezoning and preliminary plat approval is appropriate for this site at this time. Councilmember Stein stated he has reviewed many plans for this property. However, he would like to review a new wetland report. He also doesn't support private roads in developments, as there could be problems in the future. He noted that the location of the townhomes on 34`h Avenue are very appropriate due to the proximity to the playfield. Motion was made by Councilmember Johnson, and seconded by Councilmember Black. to call the question. With all members voting no except Harstad, the motion failed. Councilmember Slavik stated she would support the motion to deny the rezoning as she doesn't feel this is the best plan for redeveloping this area. Motion was made The Council voted on the substitute motion and with Johnson, Stein, Black, and Slavik voting yes, and Harstad, Hewitt, and Tierney voting no, the motion carried. The Council then voted on the new main motion to deny the rezoning and direct staff to prepare findings of fact for the May 8 Council meeting. With Johnson, Stein, Black, and Slavik voting yes, and Harstad, Hewitt, and Tierney voting no, the motion carried. made by Councilmember Black, and seconded by Councilmember Hewitt, to table or Preliminary Plat approval to the May 8 Council meeting. With all members voting in favor, the motion carried. Adopted Council Minutes Regular Meeting of April 24, 2001 Page 12 of 13 8.2) Resolution Approving Soccer Field Agreement between the City of Plymouth and Westside Community Church Councilmember Slavik asked if staff notified the neighborhood of this proposed agreement. Park and Recreation Director Blank replied no. He suggested that if the Council desires staff to notify the neighborhood, this agreement be tabled until the May 8 meeting. Motion was made by Councilmember Slavik, and seconded by Councilmember Black, to table this item to May 8 in order that staff could provide notification to the neighborhood. With all members voting in favor, the motion carried. 8.3) St. Philip the Deacon Lutheran Church Parking Lot Expansion Councilmember Slavik stated she is disturbed by the correspondence that the church is circulating to parishioners and area pastors about their parking lot expansion that was discussed at the April 10 Council meeting. She stated at the previous meeting the Council encouraged the applicant to not tear down the two homes, explore other alternatives such as a parking ramp that was previously approved, and to submit a revised plan for the May 8 meeting. She stated this correspondence that is being circulated is unfairly criticizing the Council. She reiterated that the Council welcomes the church in the community and is not requesting that they relocate. Mayor Tierney acknowledged that this issue is very difficult as how can the City allow the growth without necessarily encroaching into the neighborhood. It does not appear to be in the best interest of the City to allow the church to expand in the neighborhood by removing two homes to expand their parking lot. Reports and Recommendations 9.1) Legislative Update The Council discussed the impact of the Ventura Administration's tax proposal on the City and how they individually viewed some of the proposed changes. Councilmember Hewitt reported on the status for funding the I-494 corridor. Community Development Director Hurlburt reported on the status of affordable housing legislation, and it was encouraged that Councilmembers keep up-to-date on legislation and contact their legislators indicating their viewpoints. Adopted Council Minutes Regular Meeting of April 24, 2001 Page 13 of 13 9.2) LMC Conference Mayor Tierney encouraged Councilmembers to attend the annual League of Minnesota Cities Conference that would be held in Duluth in June. She requested that they submit their reservations to staff. Adjournment Motion was made by Councilmember Slavik, and seconded by Councilmember Black, to the meeting at 10:10 p.m. With all members voting in favor, the motion carried. andra R. Paulson, City Clerk