HomeMy WebLinkAboutCity Council Minutes 05-08-2001Adopted Minutes
Regular Council Meeting
May 8, 2001
A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00
p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on May 8, 2001.
COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Slavik, Johnson, Stein, Black,
and Harstad.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Police Chief
Gerdes, 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
Vicki Stulgaitus-Cook, 229 8th Avenue SE, Minneapolis, representing the American Cancer
Society, reported on the "Relay for Life" to be held on July 29 at 7:00 p.m. at the Plymouth
Creek Center. She stated this event is in honor of people who have been affected by cancer. She
highlighted all the activities that would occur at this event.
Presentations and Public Information Announcements
4.1) Proclaim Arbor Day
Mayor Tierney read a Proclamation designating May 21 as "Arbor Day." She noted that the
Millennium Garden's groundbreaking and tree planting ceremony would be also be occurring on
May 21 at 6:00 p.m. Park and Recreation Director Blank added that bricks for the Millennium
Garden are still available at $50 each.
4.2) Announcement of Town Ward Meeting on May 15
Assistant City Manager Ahrens reported on the Council's Town Ward Meeting on May 15 at
7:00 p.m. at the Plymouth Creek Center.
Adopted City Council Minutes
Regular Meeting of May 8, 2001
Page 2 of 11
4.3) Announce Special Collection Day on May 19
Public Works Director Moore reported on the City's "Special Collection Recycling Day" on
May 19 from 9:00 a.m. to 3:00 p.m. at the City's Maintenance Facility. He listed the items that
would be collected at the site.
4.4) Announcement of Spring Ice Show ("Around the World with the Champions")
Ice Skating Director Rech announced this year's Spring Ice Show entitled, "Around the World
with Champions" would be held on May 11 at 7:00 p.m., May 12 at 2:00 p.m. and 7:00 p.m., and
on May 13 at 2:00 p.m. In addition, special performances are scheduled on May 12 at 2:00 p.m.
for senior citizens and on May 13 at 2:00 p.m. in honor of Mother's Day. All the performances
would be held at the Plymouth Ice Center.
Approval of Agenda
Mayor Tierney mentioned that additional material regarding item No. 6.18 has been provided to
the Council this evening. City Manager Johnson added that staff is recommending to remove
this item from the agenda as staff has received a written request from the applicant to withdraw
their requests.
City Manager Johnson requested that item No. 8.1 under General Business be moved to item No.
6.21 under Consent Agenda as the applicant has requested their applications be postponed until
August 14.
Mayor Tierney requested to discuss zoning for estate lots as item No. 9.3 under Reports and
Recommendations. Councilmember Johnson stated as part of that item, she would like to
include the discussion of sanitary sewer as well.
Motion was made by Councilmember Black, and seconded by Councilmember Hewittto
With all members voting in favor, the motion carried.
Consent Agenda
Councilmember Harstad requested to remove item No. 6.09 and place it under General Business
as item No. 8.3.
Motion was made by Councilmember
the amended Consent
Councilmember Johnson, to
items:
Adopted City Council Minutes
Regular Meeting of May 8, 2001
Page 3 of 11
6.01) Minutes from Regular Council Meeting of April 10, Special Council Meeting of April 24,
and Regular Council Meeting of April 24.
6.02) Resolution Approving Disbursements for the Period Ending April 27, 2001 (Res2001-
173).
6.03) Resolution Amending the Organizational Membership of the Public Safety Advisory
Board (Res2001-174).
6.04) Resolution Approving a Preliminary Plat for Dave Reimer Construction, Inc. for Graviere
2"d Addition for Property located North of County Road 6 and East of Dunkirk Lane (2001010 —
Res2001-175) and a Resolution Approving a Site Plan and Variance for Dave Reimer
Construction, Inc. for Property located North of County Road 6 and East of Dunkirk Lane
2001010 — Res2001-176).
6.05) Resolution Approving Suburban Hennepin Regional Park District Purchase of Property at
3000 Xenium Lane North (Res2001-177).
6.06) Resolution Awarding the Contract for Insurance for the 2001/2002 Insurance Program
Res2001-178).
6.07) Resolution Awarding Bid to Master Mechanical Inc. for Air Handlers at City Hall
Res2001-179).
6.08) Resolution Approving Final Plat and Development Contract for Gramercy Corporation
for "Gramercy Park Northwest' located North of Bass Lake Road and West of Future Northwest
Boulevard (20137 — Res2001-180).
6.09) (ihis item was removed and placed under General Business as item No. 8.3).
6.10) Resolution Receiving Preliminary Engineering Report Ordering Plans and Specifications
for 9th Avenue/Niagara Lane for Parkers Lake South Watershed Drainage Improvements (1004 —
Res2001-181).
6.11) Resolution Awarding Contract for 2001 Street Reconstruction Project and Establishing
Compliance with Reimbursement Bond Regulations under the Internal Revenue Code (1001 &
1005 — Res2001-182).
6.12) Resolution Approving Municipal Recycling Grant Agreement (Res2001-183).
Adopted City Council Minutes
Regular Meeting of May 8, 2001
Page 4 of 11
6.13) Resolution Amending Development Contract for Gramercy Plymouth Northwest (20137
Res2001-184), Resolution Rescinding Resolution No. 2001-007 Adopting Assessments for
County Road 61 Street, Sanitary Sewer Lateral and Watermain Lateral Assessment for Gramercy
Plymouth Northwest (Res2001-185), and a Resolution Adopting Assessments for City Project
No. 9004, County Road 61 Street Improvements for Gramercy Plymouth Northwest (Res2001-
186).
6.14) Resolution Approving Request for Payment No. 7 and Final Ferndale Road Street and
Trail Improvements, State Aid Project (S.A.P.) 152-110-01 & 155-178-01 (6007 — Res2001-
187).
6.15) Appointment of Dan Faulkner and Dennis Hedtke to the Elm Creek/Pioneer-Sarah Creek
Second Generation Watershed Management Plan Task Force.
6.16) Resolution Approving Contract with SRF Consulting Group (Res2001-188).
6.17) Resolution Approving Soccer Field Agreement between the City, Westside Community
Church, and Plymouth Creek Christian Church (Res2001-189).
6.18) (This item was removed from the agenda).
6.19) Postpone any further action on the application of St. Philip the Deacon Lutheran Church
for a Conditional Use Permit, Site Plan amendment, and Lot Consolidation for properties located
at 17205 County Road 6, 17130 14th Avenue, and 17140 14th Avenue (2001006).
6.20) Resolution Approving Acquisition of Walk -in -Cooler (Res2001-190).
6.21) Table until August 14, 2001 the applications for Conditional Use Permit and Variances
for a Single -Family Residence to be located at 1635 Xanthus Lane North (2001007).
Councilmember Black stated she would be abstaining from item No. 6.12 due to her profession.
Councilmember Harstad stated he would be abstaining from item No. 6.11 due to a conflict of
interest.
Motion carried to approve the Consent Agenda.
Adopted City Council Minutes
Regular Meeting of May 8, 2001
Page 5 of 11
Public Hearings
7.1) On -Sale 3.2 Liquor License for Suburban Hennepin Regional Park District, d/b/a
Hennepin Parks, at the Eagle Lake Golf Center, 11000 County Road 10
City Clerk Paulson reported on the application of Suburban Hennepin Regional Park District,
d/b/a Hennepin Parks, for an On -Sale 3.2 Malt Liquor License at the Eagle Lake Golf Center,
11000 County Road 10.
Mayor Tierney opened the public hearing for testimony.
There being no one else wishing to appear before the Council, Mayor Tierney declared the public
hearing closed.
Motion was made by
adopt a Resolution Ap
Regional Park District
10 (Res2001-191).
seconded by Councilmember Slavik, to
uor License for Suburban Hennepin
at the Eagle Lake Golf Center, 11000 County Road
Councilmember Harstad stated he wouldn't support the motion as the Council would be
conducting a Study Session on June 12 to discuss liquor licenses and various issues related to
them (i.e. the number of liquor licenses, youth access to alcohol). He noted at this type of
business there would employees who are underage as well as patrons, which could provide an
easier access to alcohol.
There being no further comments and with all members voting in favor except Harstad, the
motion carried.
Councilmember Slavik stated every business should not be penalized for other establishments
that have failed alcohol compliance checks.
Councilmember Black stated she was very hesitant in voting in favor of the motion as the
applicant has represented that their clients would consist of youth.
General Business
8.1) Approval of Conditional Use Permit and Variances for a Single -Family Residence to
be located at 1635 Xanthus Lane North (Sharratt & MacDonald Design Company —
2001007)
Adopted City Council Minutes
Regular Meeting of May 8, 2001
Page 6 of 11
This item was moved to the Consent Agenda as item No. 6.21).
8.2) Approve Major Street Reconstruction Paving Program
Public Works Director Moore stated this past winter was very difficult for the condition of the
City's streets. Some of the asphalt surfaces are deteriorating due to water being able to seep in.
Since mid March, the street crews have been repairing the street surfaces, and the majority of the
repairs were temporary due to the amount of moisture in the streets. He stated in reviewing the
major streets, there are many where staff isn't confident there would be an acceptable rating.
He explained prior to 2001, the City's reconstruction program rated both minor streets and major
streets under one maintenance area. If the minor streets had a high rating, the larger amount of
minor streets versus major streets would increase the overall rating level which would give the
area a lower priority rating. With the update of the pavement management program, the City has
separated streets into two categories. One category is for the minor/local streets which is mainly
the residential areas, and the other category is for the major streets which are collector and minor
arterial streets. The funding for the major street element in 2001 has been allocated to the
Plymouth Boulevard reconstruction improvement. The funding proposed in the program begins
at $225,000 in 2001 and increases to an estimated $426,000 in 2010.
In order to update the City's major street system to a level where the street reconstruction
funding would be adequate, staff is recommending an additional major street mill and overlay
program for 2001. The estimated cost of this program is $2,000,000 and would be for the
following streets:
1. Carlson Parkway (westbound from I-494 to Gleason Lake Road).
2. Fembrook Lane from County Road 6 to 27th Avenue.
3. Fembrook lane from 34th Avenue to Schmidt Lake Road.
4. Nathan Lane from 45th Avenue to Schmidt Lake Road.
5. Schmidt Lake Road from Nathan Lane to Pineview, Lane.
6. Xenium Lane from County Road 9 to Northwest Boulevard.
Staff is recommending that this program be financed from the infrastructure replacement fund
street reconstruction). Staff proposes to sell bonds in the amount of $2,000,000 to finance the
2001 residential program. This would allow the construction to occur this year without
allocating a maj or portion of the fund balance. There are several options or a combination of
options for repayment of the bonds, and they include:
1. Payment from the infrastructure fund reserves.
2. Decreasing the future programs to allow funding for bond repayment.
Adopted City Council Minutes
Regular Meeting of May 8, 2001
Page 7 of 11
3. Decreasing future projects to be paid from State aid funds to allow State aid funds to pay the
bond cost.
4. Funding from the unfinanced improvement fund which moneys have accumulated from tax
increment financing earnings.
5. Additional tax levy for bond payment.
He noted that when this proposed program was previously discussed with the Council, there
were other possible streets included, i.e. West Medicine Lake Drive, Sunset Trail, and Gleason
Lake Road. All of these streets haven't been constructed to the City's current urban standard,
and they do not have concrete curb and gutter or a storm sewer system. These streets have been
deleted from this proposed program and would be programmed with the regular program since
concrete curb and gutter and a storm sewer system should be installed. In addition, there would
be special assessments to the benefiting properties. The Street Maintenance Division would be
doing a thin asphalt overlay on several segments of these roadways to improve the riding surface.
Councilmember Hewitt requested more details be provided on the proposed project as well as
additional funding options during budget considerations.
Councilmember Black asked about the reconstruction of County Road 9 and Nathan Lane. She
asked if staff proposes to reconstruct that section of Nathan Lane even though the Shadow Hills
development has been delayed. Public Works Director Moore replied yes, and staff has hired a
consultant for the design of the layout.
Councilmember Stein asked when construction would begin on the projects. Public Works
Director Moore replied by mid July, depending on the contractors' schedules.
Councilmember Black asked if the higher gas prices would have an adverse impact on the cost of
asphalt. Public Works Director Moore replied they shouldn't as the asphalt prices this year are
very similar to last year's.
Motion was made by Councilmember Black, and seconded
the proposed program as the motion
to
Motion was made by Councilmember Johnson, and seconded by Councilmember Harstad, to
address item No. 9.1 next. With all members voting in favor,
9.1) Report on Water Concerns at the Boulder Ridge Neighborhood (southeast corner of
Bass Lake Road and Zachary Lane — requested by Councilmember Black)
Adopted City Council Minutes
Regular Meeting of May 8, 2001
Page 8 of 11
Councilmember Black stated the Boulder Ridge neighborhood has been experiencing water
problems with the recent heavy rainfalls. The majority of the time the water was up to the
porches and patios. She stated this has occurred in previous years. She explained that the outlet
of the wetland goes downstream which attributes to the water backing up.
Councilmember Stein asked what the role of the Department of Natural Resources (DNR) is.
Public Works Director Moore replied they control this wetland. All construction needs to be in
accordance with their regulations.
Public Works Director Moore explained the City's storm drainage plan established a projected
high water elevation for this system. In accordance with City requirements, all homes adjacent
to the system must be constructed a minimum of two feet above the projected high water level.
One of the buildings constructed in the Boulder Ridge Townhome Development on 56`h Avenue
was constructed at the minimum elevation allowed. All other structures within the development
were at higher elevations.
He stated the lowest building was in the first phase of the development, and the developer did not
construct the required outlet control for the wetland until the second phase of the development.
Since Bass Creek and this wetland complex are under the jurisdiction of the DNR, the
construction of the outlet required their approval. The DNR would not permit the construction of
the outlet at the proposed elevation, but one foot higher.
Councilmember Harstad asked if there is a process to increase the storage capacity of the
wetland. Public Works Director Moore replied that the storage area in the wetland could not be
increased. The only way to increase the capacity would be to dredge out higher and drier land.
However, there is no area available to dredge for that purpose.
Public Works Director Moore replied until the outlet is ready to be constructed, there are no firm
elevations from the DNR. He stated the current townhomes were constructed six to seven years
before the outlet was constructed.
Councilmember Slavik noted that in 1998, the City replaced a culvert under a private driveway at
a lower elevation and increased its size. However, there is one remaining culvert under a private
driveway that provides a restriction to the flow. She asked why the City doesn't correct that
culvert. Public Works Director Moore replied when the land and driveway is developed, the
driveway and culvert would be removed and be converted to an open channel. Currently, this is
the only access to the property.
Councilmember Johnson asked what the status is of the study area. Community Development
Director Hurlburt replied the moratorium expires the end of this year. A consultant would be
assisting staff.
Adopted City Council Minutes
Regular Meeting of May 8, 2001
Page 9 of 11
Councilmember Johnson stated the moratorium is one factor in why there has been no interest
generated on developing this property. Therefore, she would support lifting the moratorium.
Dennis Coyne, President of the Boulder Ridge Townhome Association, 10835 57th Avenue
North, stated the culvert in question needs to be removed or piping needs to be installed under
that structure. He stated their neighborhood would like to collaborate with City staff to identify a
solution for their flooding concerns.
Joan Stanisha, 10965 56th Avenue North, stated they have experienced flooding five different
times. In July 1997 they had to sandbag their area. She spoke of the culvert on Bass Creek that
is restricting the flow of water, and she requested that the City remove this culvert to facilitate
appropriate drainage through this area. She stated this is a very stressful situation for the
neighborhood.
Motion was made by Councilmember Slavik, and seconded by Councilmember Black, to remove
the culvert under the private driveway.
Councilmember Slavik asked if the culvert needs to be replaced. Public Works Director Moore
replied staff would need to contact the property owner, as this is the only access for this property
to cross over the creek.
Gene Johnson, 10975 56th Avenue North, stated he resides adjacent to the Stanishas. He stated
prior to relocating to this area in 1999, he experienced flooding problems with his previous
residence near St. Anthony Main. He stated if their entire properties flooded, they would lose
20% of their resale value and incur costs of approximately $15,000. He urged the Council to
explore all options to correct this situation.
Cleo Roos, 10985 56th Avenue North, stated she has resided in her townhome for 11 years, and
six of those years she has experienced flooding. She is concerned that if the culvert is removed
and it doesn't solve the problem, would the Council assist them in the future. She stated due to
the flooding of their patio area, they have redone their patio brick area three times.
Sally Strand, 11931 54th Avenue North, representing Bass Lake Improvement Association, stated
this has been the worst year for flooding. She suggested that in the future, catch basins be
constructed on the west and north side of Bass Lake.
Councilmember Harstad stated he would support the motion.
Councilmember Johnson suggested that an amendment be made to the motion to direct staff to
determine a solution, whether it includes removing the culvert or not. She also reiterated that the
Adopted City Council Minutes
Regular Meeting of May 8, 2001
Page 10 of 11
moratorium should be lifted in order to allow for development of this area, and this would assist
in addressing the water problems in the area.
Councilmember Hewitt stated she agrees with Councilmember Johnson; however, she too has
received complaints from other residents in her ward that have experienced water problems, and
she has suggested those residents work with staff. She supports the motion but perhaps in the
future there should be a process defined for these types of issues.
Councilmember Stein agreed with Councilmember Hewitt
Councilmember Stein requested a friendly amendment to the main motion to direct staff to meet
with the Boulder Ridge Townhome Association to review all possible solutions to correct the
problem long-term whether it involves the removal of the culvert or not.
Councilmembers Slavik and Black accepted the friendly amendment.
With all members voting in favor, the motion carried.
8.3) Acceptance of First Quarter 2001 Financial Report
Councilmember Harstad explained he has no specific questions for staff regarding the report, but
he is concerned about legislative issues that could have a direct impact on the budget next year.
Motion was made by Councilmember Johnson, and seconded by Councilmember Stein, to accept
the report.
Finance Director Hahn provided a brief report on the permit revenue, decrease in park and
recreation class registrations, and tax cancellations and abatements.
Councilmember Harstad noted that there is a decrease in court fines, costs and fees, and he asked
what staff attributes this decrease to. Finance Director Hahn replied this is an area that has been
below budget the last several years. This could be due to the police department not being fully
staffed due to retirements. However, usually the second half of the year is better.
Motion was made by Councilmember Johnson, and seconded by Councilmember Stein, to call
the question. With all members voting in favor but Harstad, the motion
The Council then voted on the main motion and with all members voting in favor, the motion
carried.
Adopted City Council Minutes
Regular Meeting of May 8, 2001
Page 11 of 11
Reports and Recommendations
9.2) Legislative Update
Councilmember Harstad spoke of his recent experience in witnessing legislative debate. He
mentioned the proposed reduction in HACA and deleting the tax on property taxes for transit.
Councilmember Black reported on proposed legislation that would affect State recycling
programs and shooting ranges within cities.
Councilmember Johnson mentioned the sales tax legislation, and she voiced her opposition to
levy limits.
9.3) Zoning Districts for Estate Lots
Mayor Tierney suggested the Council discuss zoning of estate lots at a Study Session.
Councilmember Johnson requested to include as part of that discussion, sanitary sewer to large
lot areas.
Councilmember Stein requested to also include setbacks, lot coverage, and impervious surface.
The majority of the Council requested that this item be discussed at a Study Session after August
14.
Adjournment
Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to
adjourn the meeting at 9:15 p.m. With all members voting in favor, the motion carried.
kI/ r
andra R. Paulson, City Clerk