HomeMy WebLinkAboutCity Council Minutes 06-12-2001Adopted Minutes
Regular Council Meeting
June 12, 2001
A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:04
p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on June 12, 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, Financial
Analyst Kohn, Community Development Director Hurlburt, Acting Director of Public Works
Faulkner, City Attorney Knutson, and City Clerk Paulson.
Plymouth Forum
Tov A. Rezabek, 17420 49"' Avenue North, President of Conor Meadows Homeowners
Association, stated the Planning Commission has recently approved the proposed Town and
Country Development. He requested the Council to expedite the process for a stop light at the
intersection of Peony Lane and Schmidt Lake Road.
Councilmember Johnson stated that she would provide a brief report regarding this under Report
and Recommendations.
Presentations and Public Information Announcements
4.1) Presentation on Music in Plymouth and 5K Fun Run
Barbara Willis, President of the Plymouth Civic League, reported on this year's annual Music in
Plymouth that would be held on July 5 at 5:15 p.m. She stated there would the annual fireworks
display as well as performances by the Minnesota Orchestra, Kit `N' Caboodle, the White
Sidewalls, and the Plymouth Community Band. She noted that they would also be breaking
ground for the permanent stage at this site.
Kris St. Martin, Treasurer for the Plymouth Civic League, thanked the City for their monetary
contribution as well as assistance from staff. He explained this event costs approximately
70,000 which is funded by corporate sponsorships (50%) and the City's contribution (35%).
The remainder of the funding comes from the event itself and encouraging residents to purchase
Adopted City Council Minutes
Regular Meeting of June 12, 2001
Page 2 of 22
family memberships. He noted that Lunds would be the major corporate sponsor for this year's
fireworks.
Melanie Willis, member of the Plymouth Civic League, encouraged residents to participate in the
5K Fun Run/Walk on June 23. She stated residents could pre -register for this event at City
offices, Lunds, and on -Lae.
Mayor Tierney thanked the Plymouth Civic League for organizing this event.
Approval of Agenda
Councilmember Johnson requested to add discussion of a stop light at the intersection of Peony
Lane and Schmidt Lake Road as item No. 9.1 under Reports and Recommendations.
Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to
members voting in favor, the motion carried.
Consent Agenda
Councilmember Slavik requested to remove item No. 6.12 and place it under General Business
as item No. 8.6.
Councilmember Black requested to remove item No. 6.7 and place it under General Business as
item No. 8.7.
was made by Councilmember Slavik, and seconded by Councilmember Black, to
approve the amended Consent Agenda which included the following items:
6.01) Minutes from Regular Council Meeting of May 22.
6.02) Resolution Approving Disbursements for the Period Ending June 1, 2001 (Res2001-217).
6.03.1) Resolution Amending the 2001 Pay and Compensation Plan for the position of HRA
Supervisor(Res2001-218).
6.03.2) Resolution Approving Change to the Allocation of Positions in the Recreation Division
Res2001-219).
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Regular Meeting of June 12, 2001
Page 3 of 22
6.04) Resolution Approving Purchase of Enterprise Data Storage System from EMC
Corporation (Res2001-220).
6.05) Resolution Adopting the Joint and Cooperative Agreement for use of Law Enforcement
Personnel and Equipment of July 1, 2001 from the Hennepin County Chief s of Police
Association Mutual Aid Pact (Res2001-221).
6.06) Resolution Authorizing the Implementation of an Automatic Mutual Aid Response
Agreement for Fire Incidents between Plymouth Fire Department and the West Metro Fire
District (Res2001-222).
6.07) (This item was moved to General Business as item No. 8.7).
6.08) Resolution Approving Plans and Specification and Ordering Advertisement for Bids for
City Center Area Street Lighting (9020 — Res2001-223).
6.09) Resolution Approving PUD Amendment for the Hartford Group, Inc. to Increase the
Building Size from 36,300 Square Feet to 42,50 Square Feet and Increase Parking Spaces from
98 to 105 Spaces and Approve a Fire Lane Variance for the Plymouth Continuing Care
Community in the Plymouth Marketplace PUD, located at the Northwest Quadrant of Vicksburg
Lane and Highway 55 (2001024 — Res2001-224), an Ordinance Amending Chapter 21 of the
City Code to Amend Section 21655.26 for the Plymouth Marketplace PUD, located at the
Northwest Quadrant of Vicksburg Lane and Highway 55 (2001024 — Ord2001-15), and a
Resolution Approving Findings of Fact for Amending the Zoning Ordinance Text for the
Plymouth Marketplace PUD, located at the Northwest Quadrant of Vicksburg Lane and Highway
55 (2001024 — Res2001-225).
6.10) Resolution Relating to a Project on behalf of Plymouth Senior Housing, LLC and its
Financing under Section 145 of the Internal Revenue Code of 1986, as amended, and Chapter
462C, Minnesota Statutes; Calling for a Public Hearing on the Financing and a Related Housing
Program (Res2001-226).
6.11) Resolution Approving Conditional Use Permit for Norcostco for Property located at 815
Highway 169 North (2001030 — Res2001-227).
6.12) (This item was moved to General Business as item No. 8.6).
6.13) Resolution Approving a Conditional Use Permit for Pizza Grill for a Family -Style
Restaurant at Oakwood Square Shopping Center, 1400 County Road 101 (2001038 — Res2001-
228).
Adopted City Council Minutes
Regular Meeting of June 12, 2001
Page 4 of 22
6.14) Ordinance Amending the Text of Chapter 21 of the Plymouth City Code, Entitled the
Plymouth Zoning Ordinance (2001048 — Ord2001-16), and a Resolution Approving Findings of
Fact for Amending the Text of the City Code, Entitled the Plymouth Zoning Ordinance (2001048
Res2001-229).
6.15) Resolution Approving the Disbursement of Funds from the Shenandoah Townhomes
Housing Improvement Area Bond Construction and Administrative Accounts (Res2001-230).
6.16) Resolution Approving Plymouth Housing and Redevelopment Authority (HRA) Action to
Terminate Contract with Walker Management, Inc. (Res2001-231).
6.17) Resolution Finding No Objection to Lawful Gambling Exemption for Plymouth Civic
League(Res2001-232).
6.18) Resolution Declaring Intent Not to Exercise Local Transit Tax Levy Option for Taxes
Res2001-233).
6.19) Resolution Approving Change Order No. 1 for the Maintenance Facility Expansion
Project (8018 — Res2001-234).
6.20) Resolution Approving Revision of Special Assessment for 1999 Street Reconstruction
9001 — Res2001-23 5).
6.21.1) Resolution Reducing Required Financial Guarantee for Walnut Grove Addition (94100
Res2001-236).
6.21.2) Resolution Reducing Required Financial Guarantee for Mission View Addition (94158
Res2001-237).
6.21.3) Resolution Reducing Required Financial Guarantee for Fernbrook Woods 4 1 Addition
98093 — Res2001-238).
6.22) Resolution Approving Change Order No. 1, Emergency Vehicle Preemption (EVP)
Improvement Project (8015—Res2001-239).
6.23) Resolution Authorizing the Mayor and City Manager to enter into Service Agreements
with Interfaith Outreach and Community Partners and Conect Collaborative for 2001 (Res2001-
240).
6.24) Resolution Approving Garbage Hauler License for Aatlas Waste Services, LLC
Res2001-241).
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Regular Meeting of June 12, 2001
Page 5 of 22
6.25) Resolution Approving Purchase of One Replacement Sidewalk Machine with
Attachments (Res2001-242).
Motion carried to approve the Consent Agenda.
Public Hearings
7.1) Alcohol Compliance Check Violation for Asian Mill, Inc. d/b/a Tea House, 88 Nathan
Lane (second violation)
Police Chief Gerdes reported that the Police Department conducts alcohol compliance checks at
license establishments. In all cases of violations, the clerk who made the sale is charged with the
violation of illegal sale to a minor and is required to appear in court. He stated the incident at the
Tea House occurred on June 12, and this is the second violation for this establishment. He noted
that this establishment did not enroll in the City's Best Practices Program. Section 1206.22,
Subd. B, of the City code states that a presumptive penalty of $1,000 and a 10 -day license
suspension should be imposed for those establishments that have on -sale wine and beer and who
are not part of the Best Practices Program. However, the Council has the authority to issue a
2,000 fine and up to a 60 -day suspension.
Mayor Tierney opened the public hearing for testimony.
Police Chief Gerdes reiterated that this establishment holds an on -sale wine and beer license.
The first offense occurred on July 20, 1999, the administrative hearing was conducted, and the
licensee agreed to a presumptive penalty of a $500 fine and five-day license suspension which
was served. The second offense occurred on December 29, 2000 when an employee of the
establishment sold alcohol to a minor. He read portions of the incident report as to what
occurred. He stated based on this information, he recommended the Council apply the
presumptive penalty of $1,000 fine and 10 -day license suspension.
Yolanda Wang, 88 Nathan Lane, manager of the restaurant, admitted that her employee sold
alcohol to a minor. She explained after this occurred, she questioned the employee and why he
didn't check for identification. The employee stated that in his opinion, the minor looked older
than21. She reminded the employee that he needs to check identification every time even if the
customer appears to look older than 21. She stated she has posted signage on tables both in
English and Chinese that the establishment would be checking identifications. She stated she
was very sorry that this incident occurred.
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Regular Meeting of June 12, 2001
Page 6 of 22
Councilmember Johnson asked Ms. Wang what type of training she provides to her employees
other than posting signage in the establishment. Ms. Wang replied she conducts meetings with
new employees, and she stresses the importance of checking identifications for all customers.
Councihmember Johnson asked Ms. Wang if she is aware of the Best Practices Program, and if
they have received information on this program. Ms. Wang replied yes. She has been trying to
schedule training with the Police Department for her employees.
Mayor Tierney discussed the importance of businesses participating in the Best Practices
Program. She stated the endeavor is for the Police Department to work with the licensees in
assisting with employee training.
Ms. Wang stated she would like to enroll in the Best Practices Program. Mayor Tierney stated
the Police Department would contact her to schedule a meeting.
There being no one else wishing to appear before the Council, Mayor Tierney declared the public
hearing closed.
Motion was made by Councilmember Johnson, and seconded by Councilmember Harstad, to
adopt a Resolution Imposing a Civil Penalty Against Asian Mill, Inc. d/b/a Tea House Restai
for Liquor Compliance Check Violation (Res2001-243). With all members voting in favor, t
motion carried.
7.2) On -Sale 3.2 Malt Liquor License for Begin Oaks Enterprises, LLC, 5625 Yucca Lane
City Clerk Paulson reported on the application of Begin Oaks Enterprises, LLC, for an On -Sale
3.2 Malt Liquor License at the Begin Oaks Golf Course, 5625 Yucca Lane.
Mayor Tierney opened the public hearing for testimony.
Judy Begin, 5635 Yucca Lane, stated she would answer any questions the Council may have.
There being no one else wishing to appear before the Council, Mayor Tierney declared the public
hearing closed.
Motion was made by Councilmember Slavik and seconded by Councilmember Johnsi
a Resolution AvvrovinQ On -Sale 3.2 Malt
5625 Yucca Lane (Res2001-244).
Oaks
Councilmember Harstad reiterated his position relative to issuing liquor licenses to golf
establishments due to the fact there could be younger employees as well as patrons. He feels this
Adopted City Council Minutes
Regular Meeting of June 12, 2001
Page 7 of 22
could provide youths an easier access to alcohol. Therefore, he would not be supporting the
motion.
Councihnember Johnson stated she supports the motion. She feels the City shouldn't single out
golf courses from having a liquor license. She stressed that businesses that have liquor licenses
need to follow the rules and hopefully enroll in the City's Best Practices Program.
There being no further discussion and with all members voting in favor but Harstad, the motion
carried.
General Business
8.1) Adoption of an Ordinance Amending Section 725 of the City Code to Create the
Storm Water Utility
Financial Analyst Kohn reported on the proposed storm water utility fee. He stated the proposed
fee would impact all developed properties based on the amount of runoff that each parcel
produces. The only exempt properties would be public rights-of-way, vacant land, railroad
rights-of-way, and unoccupied public land. Public and private schools would be deferred for one
year until their next budget cycle. A fee based on the proportionate share of runoff from the non-
exempt properties would be placed on the utility bill along with charges for water, sewer,
recycling, and street lighting. The proposed fees would be:
1. Single family and duplex properties - $3.25/per month/per parcel
2. Multi -Family (townhomes, condos, and apartments) - $10.79/per month/per acre
3. Commercial/industrial - $34.34/per month/per parcel
He stated other property types such as churches, schools, institutions, City, County, and State
properties would all be billed based on an individual calculation of each site runoff. The average
rate for these groups is proposed at $8.97/per month/per acre.
He stated golf courses and regional parks would have their fees based on the amount of run-off
produced by the impervious area of each parcel, not the total parcel size. The rate per acre of
impervious surface is proposed at $44.14.
He noted that rates set at these proposed levels would be sufficient to generate $1,500,000 per
year which would fully fund the activities and projects identified in the Water Resources
Management Plan that amount to $8 million. The plan is intended to improve Medicine Lake,
Bass Lake, and Parkers Lake and identify the priorities for the other lakes located in the City.
After 10 years, the fee could continue to be collected to fund improvements to the other lakes.
Adopted City Council Minutes
Regular Meeting of June 12, 2001
Page 8 of 22
Financial Analyst Kohn explained how the fee is calculated for multi -family properties.
Keith Pizzala, 2700 Pine View Lane North, stated he supports cleaning the area lakes, but he
would like something in return for paying this fee. He consulted with an aquatic scientist who
indicated that the main pollution in the lakes is not caused from grass clippings. This scientist
suggests that bales of barley straw he placed on the shorelines to discourage algae growth. He
provided literature to the Council on this method as well has some information he had collected
from the State. He mentioned some other suggestions which included:
1. Neighboring cities that share lakes with the City should participate monetarily in cleaning up
the lakes.
2. The City should tax lawn care companies.
3. Those businesses such as Harty's Boat Works, who make a living off the lakes, pay a higher
fee.
4. Require permits for boat docks as many boat docks are constructed of treated lumber that
pollute the lakes.
5. There be a pay box for dock ramps.
Jim Schleske, 2710 Pineview Lane, stated he intended to address the Council; however, Mr.
Pizzala raised many of his concerns and questions.
Jerry Unger, 10607 57`x' Place North, President of Harrison Place Townhomes, stated he supports
improving the water quality of the City lakes. However, he is concerned about the fairness and
equity of the proposed fee. He stated the proposed fee is a flat tax which applies to all abilities to
pay at the same rate. He disagrees with this method, but he understands why the Council
supports this method. Those lakeshore properties that benefit the most are charged the same fee
compared to those properties whose value is less. He has observed many factors that affect the
runoff into the lakes. These items include culverts emptying directly into the lakes, berms being
moved into shorelines, marsh areas that were destroyed, and impervious surfaces near the lakes.
He stated the most critical area is the shoreland. He explained that the property owners of
Harrison Place have already paid a capital cost of $500 per property for their treatment pond in
addition to being responsible for the maintenance of that pond. They are in the process of
collecting a $2 fee per month within their development to pay for the dredging of that pond. He
asked if they would get credit for their efforts, or he suggested that the City consider purchasing
the pond from them and assuming the maintenance costs.
Tom Jess, 5055 Evergreen Lane North, stated if the Council were to implement this fee, the
Northwest Plymouth area would need to be assured that developers are not allowed to strip off
the black dirt and sell it back to residents when developing any property in this area. This is the
first step in protecting the water quality of the lakes. He suggested that a high school class
monitor the water quality from the wetlands and lakes. This would be very good education on
Adopted City Council Minutes
Regular Meeting of June 12, 2001
Page 9 of 22
the environment. He indicated his interest in serving on the Environmental Quality Committee
and the fact that he has previously applied to serve on this committee.
Marsha Videen, 1151 Kingsview Lane North, stated the study that Barr Engineering prepared
eight years ago identified several solutions on how to improve the water quality of Parkers Lake.
She stated there are many things that pollute the lakes which include washing vehicles in
driveways, leaves in the gutters, and not utilizing phosphorous free fertilizer. She stated the
entire watershed attributes to this problem and lake property owners have no affect on what
occurs in the watershed. The proposed fee would be broader based than what a flat tax would be.
Mayor Tierney stated staff has studied the fees that other cities charge for surface water
management programs, and the Council has discussed this type of program for at least the past
five to eight years. Instituting a fee was delayed until a Water Resources Management Plan
could be developed. She mentioned the educational component of the program as well as how
the fee is structured to be fair.
Councilmember Black spoke to Mr. Pizzala's concerns. She stated the suggestion to utilize
barley straw was mentioned, but it was not a recommended option. Regarding the argument that
other cities may not participate in the cleanup effort, she stated that someone needs to be a leader
and begin the improvement process. She noted that the State would be requiring these types of
measures in the very near future. She explained that the City is part of four watersheds, and
improvements need to be made. She stated the issues regarding things that pollute the lakes are
included in plan. She stated regarding Mr. Unger's comments on their storm water pond, the
best way to address this is to provide some type of rebate for those developments that have them,
or provide an incentive for those neighborhoods who don't have them. She stated regarding Mr.
Jess's comments on the stripping of the black dirt, this also poses a problem in constructing
buffers around the lakes. She noted that the plan does include participation from high school
students and residents on monitoring the wetlands and lakes. They have been working with
teachers from both Armstrong High School and Wayzata High School. Lastly, she stated the
reason why the Council supports this type of fee is that if it were a property tax, not everyone
would pay, i.e. churches and schools who have a large amount of impervious surfaces.
Lakeshore property owners already pay a much higher level of property tax than those who
don't. The City is able to provide financial incentives to property owners with this method
whereby one can't with property taxes.
Councilmember Johnson stated there is a benefit for everyone in cleaning the lakes as everyone
contributes to the problem. People who use the lakes for recreational purposes, lakeshore
property owners, and people who are relocating to the City will all benefit from the
improvements.
Adopted City Council Minutes
Regular Meeting of June 12, 2001
Page 10 of 22
Mayor Tierney stated the suggestion that there be a pay box for dock ramps could be reviewed as
well as the use of treated lumber for docks. She stated lawn care companies already pay a
license fee to the City as well as disclosing the types of fertilizers they would be applying to the
lawns (required to utilize phosphorous free fertilizer). Therefore, these businesses shouldn't be
taxed.
Acting Public Works Director Faulkner stated staff would be reviewing incentives for those
developments that have their own storm water retention ponds, and the feasibility of the City
assuming the maintenance of those ponds.
Councilmember Harstad stated he supports the proposed fee and beginning the process of
improving the water quality of the lakes. The improvements would enhance plant growth,
provide a better environment for the fish, and allowing the lake to clean itself. He stated
regarding the suggestion to utilize barley straw, it would take between 4,000 to 5,000 bales just
for the shoreline of Medicine Lake. This type of method could be very costly in comparison to
other alternatives identified in the plan.
Councilmember Slavik stated even though she doesn't reside on any of the lakes, she utilizes the
lakes for recreation. Therefore, there is a direct benefit to residents who don't own lake property
in improving the water quality of the lakes.
Councilmember Johnson asked if Harrison Place Townhomes has already approached staff on
the suggestion for the City to maintain their pond and whether this suggestion could be
incorporated into the incentive program. City Manager Johnson replied staff could find no other
cities that have incentive programs. However, the City could review the suggestion to maintain
those ponds and provide a discount to those neighborhoods that have the ponds.
Mr. Jess reiterated that the City needs to enforce the erosion ordinance as well as increase the
wetland mitigation ratio.
Motion was made by Councilmember Harstad, and seconded by Councihnember Black, to adopt
an Ordinance Amending Section 725 of the Plymouth City Code Creating a Storm Water Utility
No. 2001-245, an
Councilmember Stein received assurances from City Attorney Knutson that the funds collected
could only be utilized for storm water improvements, not general fund expenditures.
There being no further discussion and with all members voting in favor, the motion carried.
Adopted City Council Minutes
Regular Meeting of June 12, 2001
Page 11 of 22
Councilmember Black encouraged residents to attend the Environmental Quality Committee
meeting on June 13 at 7:00 p.m. in the Council Chambers.
8.2) Rezoning from FRD to RMF -2 and Preliminary Plat for 98 Townhome Units for
Townhomes of Nanterre" located west of the Northwest Quadrant of Vicksburg Lane and
Schmidt Lake Road (20183 — Edina Development Corporation)
Community Development Director Hurlburt reported on the Edina Development Corporation's
proposed project, the "Townhomes of Nanterre" which is a 98 townhome unit development at
the northwest quadrant of Vicksburg Lane and Schmidt Lake Road. The development would
include two new public streets, with one of the streets to line up with Yuma Lane, and th other
street would be a cul-de-sac further to the west. The property contains approximately 26 acres
with only 16 acres being developable, and the remainder being wetland. The applicant is
proposing six units per acre, and the ordinance provides three to six units per acre. She
illustrated the exterior of the units, which is stucco. She explained the units would be rented at
1,500 per month. There would be the possibility to purchase the units as the developer is
platting the units to allow for the sale of the units to a homeowners association.
She stated the Planning Commission's public hearing on this development was held in March,
and there were a number of concerns from the development to the south. Some of these concerns
included drainage issues, the traffic at Schmidt Lake Road and Vicksburg Lane, the City's water
system and pressure, and the potential decrease in property values. The Planning Commission
recommended approval of this development at their May 16 meeting. The concern was raised if
there would be adequate transition between two different types of housing developments. She
informed the Council that a rezoning now requires a 4/7s vote versus the previous 5/7s vote due
to new legislation.
Councilmember Harstad asked in terms of density, if this proposal was submitted prior to the
updating the Comprehensive Plan, could the density levels been potentially higher. Community
Development Director Hurlburt replied since the wetland isn't included in the calculation, the
number of units decreased.
Mayor Tierney stated that she could foresee these units being rented by families and people that
are in transition. Therefore, she is perplexed that the developer doesn't feel there would be a
high demand for families.
Community Development Director Hurlburt stated that as a general rule, rental properties usually
don't attract as many families as single-family residences. However, these proposed units are
fairly large units, and families may be attracted to a townhome development. She noted that the
current vacancy rental rate in the City is 1 %; therefore, there is a high demand for rental housing.
Adopted City Council Minutes
Regular Meeting of June 12, 2001
Page 12 of 22
Mayor Tierney asked what types of amenities would be included within this development.
Community Development Director Hurlburt stated there would be no common recreational areas.
Councilmember Johnson asked why the first plan for this property isn't being pursued since that
is what was previously conveyed to residents. Community Development Director Hurlburt
explained that wben the Nanterre development first came in, everything to the north of Schmidt
Lake Road was outside the City's urban service area and could only be developed at one unit per
20 acres. In addition, they weren't allowed to plat the property as it was outside the City's urban
service area. There were no development approvals for that original plan.
Councilmember Stein asked if this development would even be feasible due to the cost of the
land and construction. Community Development Director Hurlburt replied that this development
is very similar to other developments, and there is no reason that it shouldn't succeed.
Mike Brandt, consulting engineer with John Oliver and Association, 580 Dodge Avenue, Elk
River, stated he would entertain any Council questions.
Councilmember Johnson asked if the units would be platted to be resold in the future. Mr.
Brandt replied the units could either be rented or sold as single-family townhome units in the
future.
Gary Rudy, with Edina Development Corporation, 5705 Egret Lane, Big Lake, stated they have a
similar development in Excelsior, and those units currently rent for $1,700 per month.
Mr. Brandt stated they originally discussed a park area; however, they consulted with City staff,
and it was determined that it wouldn't be warranted due to the proximity of the neighborhood
play area to the south of the development. Mr. Rudy stated that a park area could be added to the
development if the Council so desires.
Councilmember Black asked if the trail along Schmidt Lake Road adjacent to the development
would connect to the City's greenway system. Community Development Director Hurlburt
replied yes.
Gerald Westby, 4952 Comstock Lane North, stated their homeowners association is not directly
impacted by this development. However, he is concerned that there are no barriers/fencing with
this development to Schmidt Lake Road when there is berming on the south side of the roadway.
He stated when one turns onto Schmidt Lake Road from Vicksburg Lane; the view would be the
rear side of the homes all lined up.
Councilmember Johnson stated with the Conor Meadows development, the City required
fencing. She asked if there is any sort of barrier between the proposed townhomes and the
Adopted City Council Minutes
Regular Meeting of June 12, 2001
Page 13 of 22
railroad tracks and what is the setback and/or fencing requirements due to the close proximity to
the railroad. In addition, is there any requirement for the developer to provide disclosure
statements to the tenants due to the location near the railroad. Community Development
Director Hurlburt stated the City's requires a 50' setback from the railroad tracks, and there is no
requirement for fencing or for disclosures.
Councilmember Johnson stated the fence that was constructed in the Conor Meadows
development was for safety reasons. She believes there should be disclosures even if it is rental
property.
Community Development Director Hurlburt stated that it is easier to require disclosure
statements for non -rental property as the statement is filed and recorded with the property, and
tenants change with rental properties.
Councilmember Hewitt requested staff to address the berming issue along Schmidt Lake Road.
Community Development Director Hurlburt stated there is no requirement for screening due to
the layout of the development. Berms in the front yards would tend to destroy the usability of
the front yards, and it may not create a good visual barrier. She stated there would be trees and
the trail on the north side of Schmidt Lake Road, and she noted that the ends of the townhome
units (patio areas) would be facing the street. There would be trees as well as the trail along
Schmidt Lake Road.
Councilmember Harstad asked if it is possible to retain as many trees as possible along Schmidt
Lake Road. Mr. Brandt stated the City Forester would walk the site with them. Any trees that
would be removed would be transplanted, and new trees would be added.
Councilmember Johnson asked the applicant if they would be willing to construct a fence along
Schmidt Lake Road for greater transition between them and the Nanterre,Development to the,
south, provide a sound barrier for the traffic noise on Schmidt Lake Road, and make the
development more safe. Mr. Rudy replied that could be possible, but they would prefer
something more natural and green, which they feel would be more aesthetically pleasing rather
than a fence that would need to be maintained.
Councilmember Johnson stated that neighborhoods have constructed decorative fencing that
incorporates trees and shrubbery near the fence.
Councilmember Harstad stated that fencing is not really a sound barrier for traffic noise, as
usually the noise tends to come up over the fence. He would prefer to utilize trees and shrubbery
rather than fencing.
Proposed City Council Minutes
Regular Meeting of June 12, 2001
Page 14 of 22
Motion was made by Councilmember Black, and seconded by Councilmember Harstad to a
an Ordinance Amending Chapter 21 (Zoning Ordinance) of the City Code to Classify Certa
Lane Located West of Vicksburg Lane and North of Schmidt Lake Road (20183 — Ord2001
Resolution Approving Findings of Fact for Rezoning of Property located West of Vicksburl
Lane and North of Schmidt Lake Road (20183 — Res2001-246).
Councilmember Slavik stated she would not support the motion, as the proposed development is
inconsistent with the development on the south side of Schmidt Lake Road.
With all members voting in favor but Slavik and Johnson, the motion carried.
Motion was made by Councilmember Black, and seconded by Councilmember
approve a Resolution Approving a Preliminary
Unit Townhouse Development located West of
Road (20183 — Res2001-247), and a Resolution
Unit Townhouse
to
Tor a
North of Schmidt Lake
and a Fire Lane Variance
oment located West of
Vicksburg Lane and North of Schmidt Lake Road (20183 — Res2001-248).
Motion was made b, seconded by Councilmember Hewitt, to
amend the motion Site Plan Resolution to add a condition that a fence would need to be
constructed along Schmidt Lake Road.
Community Development Director Hurlburt stated staff is successful in designing fences that
incorporate landscaping. The maximum height of the fence could be six feet, and that would
require a Variance.
Councilmember Johnson stated she previously resided on Northwest Boulevard, and the fence
from their development provided privacy for the residents, transition from low to high density
and a four -lane roadway. She stated it would take some time for trees to mature and be a decent
barrier.
Councilmember Black stated that wouldn't support the amendment as other methods could be
utilized to make it more aesthetically pleasing.
Councilmember Slavik stated that she would support the amendment. She stated a fence on a
berm separates her development from a commercial development, and she appreciates that fence.
She stated that many of the trees and bushes on their berm have had to be replaced. She would
support a six-foot fence with this development as well as requiring the developer to maintain the
fence.
Adopted City Council Minutes
Regular Meeting of June 12, 2001
Page 15 of 22
Councilmember Harstad stated that he doesn't support the fence, as residents would have to go
around the fence to access the trail. In addition, the Council shouldn't be isolating this rental
housing development.
Councilmember Hewitt stated that she supports a fence, but she understands the maintenance
aspect would be a long-term issue.
Community Development Director Hurlburt stated staff does not have the size and type of fence
this evening. However, she is confident that a fence, up to six feet, could be designed to make it
aesthetically pleasing.
Mayor Tierney asked how close the patio areas are to the trail. Community Development
Director Hurlburt replied there is approximately 50 feet from the structure to the edge of the
easement for the trail.
Mayor Tierney stated it might be better to consider privacy screening for the patios rather than a
fence. Community Development Director Hurlburt stated a fence could be constructed up to
three feet without a Variance, but for privacy, one would need to go higher than three feet.
Councilmember Slavik requested a friendly amendment to the amendment to require that the
fence be six feet high with the requirement that the homeowners association would maintain it.
Councilmembers Johnson and Hewitt accepted this friendly amendment.
Councilmember Stein stated that he doesn't object to a fence as he feels a transition would be
beneficial for this project. However, he finds it very difficult to design a six-foot fence this
evening.
Motion was made by Councilmember Stein to table this item and require the applicant to come
back with an appropriate fence proposal and landscaping plan. This motion failed for lack of a
second.
City Attorney Knutson reminded everyone that this development would be before the Council
again when the Final Plat would need to be approved.
Motion was made by Councilmember Johnson, and seconded by Councilmember Slavik, to make
a_substitute motion to the amended amendment to insert the following condition in the
Resolution approving the Preliminary Plat, "A fence, not exceeding six feet in height, shall be
Lake Road. The fence shall
be owned and maintained by the homeowners association. Plans for the fence must be submitted
for approval by the City Council with the Final Plat."
Adopted City Council Minutes
Regular Meeting of June 12, 2001
Page 16 of 22
Councilmember Black stated that she resides along Schmidt Lake Road, and it would be more
aesthetically pleasing to not have the appearance of a wall of fences. She feels there is not a
warranted safety concern. She would also like to give the developer some flexibility.
Motion was made by Councilmember Johnson, and seconded by Councilmember Slavik, to call
the question. With all members voting in favor but
The Council voted on the substitute motion. With all members voting in favor but Black and
Harstad, the motion carried.
The Council then voted on the amended main motion. With all members voting in favor, the
motion carried.
The Council took a recess from 10:00 p.m. to 10:13 p.m.
8.3) Approve Funding for 38th Avenue Wildflower Garden
Park and Recreation Director Blank reported on the request of area residents to develop a
wildflower garden in Plymouth Creek Park at an approximate cost of $6,000. He stated the cost
of the garden would be split evenly between the Environmental Quality Commission funds and
from capital improvement funds.
Councilmember Harstad stated that residents who have contacted the Council in support of this
garden have requested that the interim language be deleted from the Resolution.
Park and Recreation Director Blank explained that this property was originally acquired for the
future entrance to the park and a potential parking lot. The Park and Recreation Advisory
Commission prefers to keep that option open. Therefore, the language, "the Council notes that
this is an interim use of the property and that there may be other park and recreation uses
necessary for this property in the future" was added to the Resolution. He stated that sometime
in the future, this property might want to be utilized for that purpose or for some other park
recreational need for the community.
Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to adopt
a Resolution Approving Wildflower Garden for Plymouth Creek Park (Res2001-249), and delete
the language, "the Council notes that this is an interim use of the property and that there may be
uses in the future."
Councilmember Black stated the City would still have the authority to utilize this property for
other uses in the future. However, the residents who are volunteering to assist in developing the
Adopted City Council Minutes
Regular Meeting of June 12, 2001
Page 17 of 22
garden may have a difficult time recruiting volunteers if this language was included in the
Resolution.
Mayor Tierney stated she disagrees. She spoke of the Ferndale North neighborhood that
disputed that a play area was designated an open space area. With this type of language in the
Resolution, it is clear to residents that the use of the property could change.
Councilmember Harstad stated that he wouldn't support the motion. He stated the Council's
goal is to make the highest and best use of the property, and the use of this property could change
in the future.
A substitute motion was made by Mayor Tierney, and seconded by Councilmember
adopt the Resolution as originally proposed, leaving in the last sentence of the Resolution.
Georgann Bestler Wenisch, 3850 Minnesota Lane, representing the Parkview Ridge
Homeowners Association, Park Brooke Townhome Association, and Parkview Ridge
Townhome Homeowners Association, stated they understand this is City property, and they have
presented a suggestion on how to utilize the property. They understand that in the future the
Council could change the use of the property. If there would be difficulty in determining
financing for this year, they would be willing to work with the City. They are concerned about
the interim use language contained in the resolution as a native garden takes at least three to five
years to even become established. They would be guaranteeing that volunteers would be
working on the property. They just don't want the use of the property changed as soon as the
garden is established. However, they request the Council's support whether or not that language
is contained in the Resolution.
Councilmember Johnson asked if there would be a process to notify the public/neighborhood if
the use of the property would be changed. Park and Recreation Director Blank replied even
though it is not required by the City Code, staff would notify the surrounding properties that
would have the interest in this property.
Councilmember Black asked if there would be any soil sampling done with the property. Park
and Recreation Director Blank replied his staff would begin reviewing the soil conditions and
formulate a plan.
Councilmember Hewitt asked if staff involvement and time would be an on-going issue. Park
and Recreation Director Blank stated no. He acknowledged that the first three to four years
would be the difficult years in getting the garden to grow and mature.
Councilmember Hewitt asked if the neighbors don't assist the City with this garden, would the
City be responsible for the maintenance. Park and Recreation Director Blank replied yes.
Adopted City Council Minutes
Regular Meeting of June 12, 2001
Page 18 of 22
The Council voted on the substitute motion. With all members voting in favor but Johnson and
Black, the motion carried.
The Council voted on the main motion. With all members voting in favor, the motion carried.
Rd) Approve Ficial Plans and Cnarifiratinnc and Cnnetrnr4inn Coonerative Agreement for
County Road 61, Northwest Boulevard (9004)
Acting Director of Public Works Faulkner reported on the final design plans and the construction
cooperative agreement with Hennepin County for the County Road 61 (Northwest Boulevard)
improvements. He explained that the cities of Plymouth and Maple Grove have been working
with the County over the past few years on improving County Road 61 from Bass Lake Road in
Plymouth to approximately I-694 in Maple Grove. The project would construct County Road 61
on a new alignment between Bass Lake Road and 62"d Place which is just inside the City limits
in Maple Grove. Existing County Road 61 follows the Hemlock Lane alignment from Bass Lake
Road to 1-694. With the completion of the improvement project, the existing Hemlock Lane
within the City of Plymouth would revert to the City with the completion of the project. The
City of Plymouth would then reconstruct Hemlock Lane in accordance with the residential street
standards as part of the 2002 and 2003 street reconstruction program. The City project would
include the construction of a cul-de-sac just north of 60th Avenue which would prevent the
possibility of through traffic on Hemlock Lane. In addition, as part of the County improvement
project, the median along County Road 10 at Hemlock Lane would be extended through the
intersection to prevent any left turning traffic at the intersection of County Road 10 and Hemlock
Lane. He stated County Road 61 would be a four -lane roadway with an access site to Gramercy.
The project has been bid and the prices are reflected in the construction cooperative agreement,
and construction is anticipated to begin in August.
He stated for those residents who reside on the Ives Lane cul-de-sac, a wetland complex adjacent
to a water quality treatment pond would be constructed in Outlots C and D of Bass Lake Estates
where there is currently a significant tree buffer between the new roadway alignment and the
homes within Bass Lake Estates. This would be part of the Wetland Conservation Act
requirements and water quality treatment requirements. He stated several meetings were
conducted with the affected property owners and County and City staff, and a design has been
agreed upon for the construction of these ponds and necessary storm drainage pipes with very
strict construction limits to minimize tree removal followed by significant re -vegetation of this
area which includes trees, shrubs, and wetland planting materials.
Councilmember Black asked why the County Road 61 and Bass Lake Road intersection isn't
being totally completed. Acting Public Works Director Faulkner replied the County wants to
improve the intersection at 47`x' as well so both of them would be completed in the next five to 10
Adopted City Council Minutes
Regular Meeting of June 12, 2001
Page 19 of 22
years. The County is in the process of purchasing right-of-way for this intersection in order to
incorporate tum lanes.
Sheri Lundstrom, 6125 Ives Lane North, representing the Bass Lake Estates Homeowners
Association, stated they are extremely disappointed in the proposed landscaping plan, as the trees
are significantly smaller than what was indicated to them previously. She stated the County
would be taking two acres of their land removing many of the mature trees and replacing them
with one -inch samplings every 45 feet. Their budget indicates a cost of $30,000 for the
landscaping; however, they don't feel this is adequate reforestation according to the City's tree
preservation ordinance. She informed the Council that they didn't receive notice of tonight's
meeting until Saturday, June 9. They do not feel this is sufficient notice, and due to the late
notice, many of her neighbors were unable to attend tonight's meeting. She stated they have
been opposed from this project since the beginning. However, they were told that if they didn't
support the project, their land would be condemned. She stated this neighborhood already
supports two ponds, and by locating another pond in their development, there would be nowhere
for the children to play.
Acting Public Works Director Faulkner illustrated where the proposed pond is to be located. He
stated this area was with the plat of Bass Lake Estates, and ponding and drainage easements were
platted with this area. Therefore, this area could be used for constructing these types of drainage
facilities. He illustrated the existing basic channel that crosses over this property to Hemlock
Lane. He noted there are currently erosion problems that would be improved. The storm
drainage system was also modified per a citizen's request to provide continuous flow of water
through the existing channel which serves as an amenity to the abutting property owners. He
indicated that the bid for landscaping came in at $24,000 and the County is committed to
spending $30,000, so there is some room to change the size of the trees and additional
landscaping.
Councilmember Johnson asked why the residents received such a short notice of tonight's
meeting. Acting Public Works Director Faulkner admitted that staff failed to send the notice
earlier. However, even with a short notice, he received quite a few calls from residents who
reside on Hemlock Lane, and their questions were answered.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Johnson, to table
this item to June 26.
Acting Public Works Director Faulkner stated this item is on the County Board's agenda for
approval, and if it is tabled this evening, construction could be delayed until September or later.
Councilmember Stein suggested the Council approve the road project but table the landscaping
portion.
Adopted City Council Minutes
Regular Meeting of June 12, 2001
Page 20 of 22
Councilmember Hewitt withdrew her motion.
Acting Public Works Director Faulkner stated even if the Council approved the project this
evening, the elements of the specific landscaping plan could be addressed at a later date.
Motion was made by Coiancil_member Slavik, and seconded by Councilmember Stein, to
Resolution Annrovine Final Desian Plans and Construction Cooperative Aereement for County
Road 61 Improvements (County Project No. 8544 and City Project No. 9004).
Councilmember Johnson stated she is concerned whether the County could allocate additional
funds to the landscaping portion of the project.
Councilmember Black stated she doesn't support the motion, as tabling the project would
provide more leverage with the County in relation to the landscaping.
A substitute motion was made by Councilmember Black, and seconded by Councilmember
to table this item to June 26.
Councilmember Johnson requested that a more advanced notice of the meeting be provided to
the affected residents.
Mayor Tierney stated she doesn't support the motion. She stated it's unfortunate that a more
advanced notice wasn't provided to residents, and she would like to discuss the landscaping plan
further.
There being no further discussion and with all members voting in favor but Slavik and Tierney,
the motion carried.
8.5) Consideration of Environmental Assessment Worksheet for a Permanent Stage for
the Performing Arts located North of City Hall in Plymouth Creek Park (20126 — Plymouth
Civic League/City of Plymouth)
Community Development Director Hurlburt requested the Council adopt a Resolution declaring
a finding of "no need" for an Environmental Impact Statement (EIS) based on the review of the
Environmental Assessment Worksheet (EAW) dated April 16 for a permanent state for the
performing arts located north of City Hall in Plymouth Creek Park. She stated that this project
has been through some preliminary site planning and an EAW was prepared for the project.
Because the annual Music in Plymouth event exceeds 5,000 people in attendance once per year,
the City was required to prepare an EAW. She stated there were a few comments received
during the comment period regarding the potential for noise, impact on water resources, and
traffic concerns, and she provided responses.
Adopted City Council Minutes
Regular Meeting of June 12, 2001
Page 21 of 22
Motion was made and seconded by Councilmember
of "No Need" for an Environmental
Assessment Worksheet
Permanent Stage for the Performing Arts (20136 — Res2001-250).
Ir.
2001 for the
uth. for a
the
Councilmember Slavik was assured that the City would proactively monitor on- and off-site
noise using hand-held monitoring devices during performances to ensure the City's ordinances
are not being violated. The City would not wait 30 minutes before there would be monitoring.
Mayor Tierney asked how the noise provision would affect the fireworks display. Community
Development Director Hurlburt stated that the fireworks display is not part of this project as the
fireworks do not relate to the performance facility.
There being no further discussion and with all members voting in favor, the motion carried.
8.6) Resolution Approving a Site Plan Amendment for a 500 Gallon Anhydrous Ammonia
Tank for Property located at 15905 State Highway 55 (2001034)
Councilmember Slavik noted that the proposed anhydrous ammonia tank would be located
approximately 900 feet from existing homes. She asked how toxic is this gas, what would the
affect be if something would happen, and could the City require the applicant to voluntarily air
monitor this tank. Community Development Director Hurlburt replied the applicant has
voluntarily done some modeling. Staff reviewed this issue; however, the City couldn't require it
due to there not being an ordinance.
Fire Chief Kline stated anhydrous ammonia is a very common chemical that is a liquid gas.
When the modeling is being done, there is usually a fence line monitoring to determine what the
concentration levels are. He stated there are other anhydrous ammonia tanks in the City, and his
department has no response concerns.
Motion was made b
Resolution
and seconded by Councilmember Black to
Plan Amendment for a 500 Gallon
at 15905. State Highway 55 (2001034 —
With all members voting in favor but Slavik, the motion carried.
Tank for
Adopted City Council Minutes
Regular Meeting of June 12, 2001
Page 22 of 22
8.7) Resolution Awarding Bid for Plymouth Metrolink Neighborhood Stops Project 98035
Motion was and seconded by Councilmember Slavik, to
olink Neiehborhood Stops (8035 — Res2001
all members voting in favor, the motion carried.
Reports and Recommendations
9.1) Traffic Light at Schmidt Lake Road and Peony Lane
Councilmember Johnson stated she would not be at the June 26 Council meeting when the Town
and Country development would be discussed. Therefore, she would like to comment on the
need for a traffic signal at the Peony Lane/Schmidt Lake Road intersection. She has spoken to
school board members from the Wayzata High School as well as residents about this
intersection. Some of the school board members also mentioned the timing of the stop light at
Old Rockford Road in relation to this signal. She also spoke with City Manager Johnson about
installing this signal sooner than when the intersection would be constructed. He indicated that
staff could begin the traffic studies.
City Manager Johnson stated if the Council supports Councilmember Johnson's suggestion, the
Council could direct staff to begin the traffic studies this evening rather than at the June 26
meeting.
Motion was made by Councilmember Johnson, and seconded by Councilmember Slavik to direct
staff to begin the feasibility study for the signal at this intersection. Staff is to contact the School
District if the study and funding determines that the light could be installed sooner than
originally planned. With all
Adjournment
was made
tine at 11:
Councilmember
motion carried.
and seconded by Councilmember Black, to
members voting in favor, the motion carried.
A/Z
Sandra R. Paulson, City Clerk