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HomeMy WebLinkAboutCity Council Minutes 04-18-1919MINUTES REGULAR COUNCIL MEETING APRIL 18, 1995 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:12 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on April 18, 1995. PRESENT: Mayor Tierney; Councilmembers Lymangood, Granath, and Anderson. Councilmember Wold arrived at 7:30 p.m. ABSENT: Councilmembers Edson and Helliwell. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Finance Director Hahn, Park Director Blank, Assistant Finance Director Jacobson, Risk Management Coordinator Pemberton, Forestry Technician Lara Gens, Financial Analyst Helgeson, City Attorney Knutson, and City Clerk Ahrens. ITEM 3 FORUM No one appeared for the Forum. ITEM 4-A PRESENTATION BY NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Patty Wilder, Executive Director of Northwest Hennepin Human Services Council, presented the results of their 1993-1994 Phone Survey. Councilmember Wold arrived at 7:30 p.m. ITEM 4-B PROCLAMATION OF ARBOR DAY Forestry Technician Gens invited residents to participate in Arbor Day activities at Plymouth Creek Elementary School. Mayor Tierney proclaimed May 17 as Arbor Day and presented the proclamation to Carol Bryant, Principal of Plymouth Creek Elementary School. ITEM 4-C PROCLAMATION OF SCHOOL-AGE CHILD CARE DAY Mayor Tierney proclaimed April 26 as School -Age Child Care Day and presented the proclamation to Candice Ellis, Gleason Lake Home Base Program. Regular Council Meeting April 18, 1995 Page 2 ITEM 5 APPROVE AGENDA MOTION was made by Councilmember Granath, seconded by Councilmember Lymangood, to approve the agenda reversing the order of Items 8-A and 8-B. Motion carried, five ayes. ITEM 6 CONSENT AGENDA Item 6-J was removed from the Consent Agenda. Manager Johnson noted that Items 6-A and 6-D have been amended. The changes were reviewed, and these items were not removed from the Consent Agenda. MOTION was made by Councilmember Granath, seconded by Councilmember Anderson, to approve the Consent Agenda as amended. Motion carried, five ayes. ITEM 6-A APPROVE MINUTES MOTION was made by Councilmember Granath, seconded by Councilmember Anderson, to approve the minutes of the March 21 regular meeting as amended, April 4 regular meeting as amended, April 10 special meeting, and April 10 Board of Review meeting. Motion carried, five ayes. ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Councilmember Granath, seconded by Councilmember Anderson, to adopt RESOLUTION 95-251 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING APRIL 7, 1995. Motion carried, five ayes. ITEM 6-C APPROVE D.A.R.E. COMMUNITY SIGNS MOTION was made by Councilmember Granath, seconded by Councilmember Anderson, to approve the installation of community signs to support the D.A.R.E. Program. Motion carried, five ayes. Regular Council Meeting April 18, 1995 Page 3 ITEM 6-D SET COMMUNITY/WARD MEETING MOTION was made by Councilmember Granath, seconded by Councilmember Anderson, to adopt RESOLUTION 95-252 ESTABLISHING MAY 8 AS SPECIAL COUNCIL MEETING FOR COMMUNITY/WARD MEETING. Motion carried, five ayes. ITEM 6-E CONTRACT FOR UTILITY BILLING FORMS MOTION was made by Councilmember Granath, seconded by Councilmember Anderson, to adopt RESOLUTION 95-253 AWARDING THE CONTRACT FOR THE UTILITY BILL PRINTING AND MAILING SERVICES TO LASER IMAGES. Motion carried, five ayes. ITEM 6-F APPROVE OPEN SPACE/TRAILS INFORMATION MATERIAL MOTION was made by Councilmember Granath, seconded by Councilmember Anderson, to adopt RESOLUTION 95-254 APPROVING CONCEPTUAL DESIGN OF OPEN SPACE/TRAILS INFORMATION MATERIAL. Motion carried, five ayes. ITEM 6-G PURCHASE OF WHEEL LOADER WITH SNOWPLOW- MOTION NOWPLOW- MOTION was made by Councilmember Granath, seconded by Councilmember Anderson, to adopt RESOLUTION 95-255 APPROVAL OF ONE WHEEL LOADER WITH SNOW PLOW AND SNOW WING. Motion carried, five ayes. ITEM 6-H ORDER PRELIMINARY ENGINEERING REPORT, PROJECT 502 MOTION was made by Councilmember Granath, seconded by Councilmember Anderson, to adopt RESOLUTION 95-256 AUTHORIZING PREPARATION OF PRELIMINARY ENGINEERING REPORT, PEONY LANE FROM HIGHWAY 55 TO NORTH ACCESS TO WAYZATA HIGH SCHOOL, CITY PROJECT NO. 502. Motion carried, five ayes. Regular Council Meeting April 18, 1995 Page 4 ITEM 6-I AWARD OF PROPERTY AND LIABILITY INSURANCE MOTION was made by Councilmember Granath, seconded by Councilmember Anderson, to adopt RESOLUTION 95-257 AWARDING THE CONTRACT FOR INSURANCE FOR THE 1995/1996 INSURANCE PROGRAM. Motion carried, five ayes. ITEM 64 CANCEL PUBLIC HEARING ON DELINQUENT ALARM PERMIT FEES ASSESSMENT Councilmember Lymangood requested that the City Attorney comment on the public hearing on assessments for delinquent alarm permit fees. Attorney Knutson explained that the City can legally assess fire alarms - but not police alarms. He recommended that the previously scheduled public hearing be canceled. Councilmember Anderson asked the amount past due on police alarms and what will be done to collect the fees. Finance Director Hahn stated that 38 of the 39 total past due alarm permit fees are for police alarms, totaling about $3,600. Public Safety Director Gerdes stated that a final notice will be sent to each owner giving them an opportunity to respond. If there is no response, the City will proceed with the filing of a misdemeanor complaint for failure to pay those fines. He said that staff and the City Attorney are working on a legislative proposal for the next session to add police alarms to the statute provision allowing assessments for past due fire alarm fees. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 95-258 CANCELLATION OF THE PUBLIC HEARING SCHEDULED FOR APRIL 18, 1995, FOR ASSESSMENT OF PAST DUE FIRE AND FALSE POLICE ALARM PERMIT FEES. Motion carried, five ayes. ITEM 7-A 1995 STREET RECONSTRUCTION PROGRAM Public Works Director Moore stated that on March 21, 1995, a public improvement hearing was held for the 1995 Street Reconstruction Program. At Regular Council Meeting April 18, 1995 Page 5 the conclusion of the public hearing, the Council ordered the improvement. It was realized that the property owners along Ranchview Lane from 6th Avenue North to 7th Avenue North had not been notified of the improvement hearing. These additional property owners have now received proper notification of the proposed public improvement. He stated the estimated project cost for Ranchview Lane from 6th Avenue to 7th Avenue is $74,207. The proposed estimated assessment rates are $936 per lot for street reconstruction, $31.80 per front foot for concrete curb and gutter, widening and storm sewer, and $8 per front foot for concrete curb and gutter only. He recommended that Ranchview Lane from 6th Avenue to 7th Avenue be added to the 1995 Street Reconstruction Program. Mayor Tierney opened the public improvement hearing at 7:55 p.m. on Project No. 501, Ranchview Lane from 6th Avenue to 7th Avenue. Don Staufnecker, 15510 6th Avenue North, said his property has evergreens that are six to seven feet from the boulevard. These trees have been in place about 20 years and were installed as a street border and buffer between neighbors. Public Works Director Moore said the detailed plans for the project are not completed, and staff will contact the property owner to discuss the trees. If the trees are on private property, they won't be removed. Eric Michelsen, 620 Ranchview Lane, asked about assessments relating to driveway access. He said that his garage is off of 6th Avenue North; however, he uses a second driveway off of Ranchview Lane because it is convenient. He stated that his estimated assessment with the driveway on Ranchview Lane is about 4,400, compared to $1,800-$2,200 for his neighbors without Ranchview access. Public Works Director Moore stated that if the access is removed from Ranchview Lane, Mr. Michelsen would only be assessed for concrete curb and gutter along Ranchview Lane. There would be an assessment sometime in the future for the street reconstruction of 6th Avenue. Staff will contact Mr. Michelsen to discuss the options. Miles Lindberger, 15505 6th Avenue North, stated his lot is identical to the lot across the street, but the assessments differ. His neighbor to the south has a similar situation. Director Moore stated that Mr. Lindberger will be contacted to discuss the estimated assessment. Mayor Tierney closed the hearing at 8:10 p.m. Regular Council Meeting April 18, 1995 Page 6 MOTION was made by Councilmember Anderson, seconded by Councilmember Wold, to table consideration of the 1995 Street Reconstruction Program, Ranchview Lane - 6th Avenue North to 7th Avenue North, Project 501, to May 2. Motion carried, five ayes. ITEM 8-B ADOPTION OF SIDEWALK ORDINANCE MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt ORDINANCE 95-22 AMENDING CHAPTER V AND CHAPTER VIII OF THE PLYMOUTH CITY CODE CONCERNING SIDEWALKS. Mayor Tierney stated she has no objection to sections 1 and 2 of the proposed ordinance, but has concerns about the sidewalk maintenance provisions. She said this ordinance would require residents to clear snow and ice from their abutting sidewalks, which they have not been previously required to do. She believes affected residents should be notified, and the Council should consider the maintenance issue at a study session. MOTION to amend was made by Mayor Tierney to delete Section 3 of the proposed ordinance relating to sidewalk maintenance. Motion died for lack of a second. Councilmember Granath stated he shares the Mayor's concerns about the sidewalk maintenance. He asked if it is standard throughout the metro area to require property owners to maintain abutting sidewalks. He also asked about the penalty provision. Manager Johnson said it is standard procedure, particularly in developed communities. Attorney Knutson said it is a common provision to require property owners to remove snow and ice from their abutting sidewalk. He said the proposed penalty is a petty misdemeanor. In other cities, a misdemeanor penalty or special assessment process is used. Mayor Tierney stated the maintenance issue also involves fairness. The City doesn't require sidewalk on both sides of the street, so in many situations only the property owners on one side of the street would be required to remove snow and ice. Regular Council Meeting April 18, 1995 Page 7 Councilmember Granath said that since this is a new policy, efforts could be made to educate the public about it before the first snowfall. Councilmember Anderson agreed that the City has several months in which to notify affected residents of the new ordinance. He said there are many families with children in the City and this is needed for safety reasons. Mayor Tierney stated she would like to delay action on the ordinance until notice has been given that the ordinance is being considered. Manager Johnson said that only those sidewalks not on the City's trail and sidewalk plan would be affected - estimated at about 10 blocks or so, and 150 properties. Mayor Tierney asked about responsibility for repair of sidewalks. Public Works Director Moore said that other cities have required property owners to repair abutting sidewalks. In Plymouth, most sidewalks were installed as part of a planned unit development when they are not part of the City's sidewalk and trail plan. Community Development Director Hurlburt said that some sidewalks installed in planned unit developments are installed in the right-of-way and maintenance would be the responsibility of the abutting owner. In other situations, the sidewalk abuts an outlot and the homeowner association would be responsible. MOTION to amend was made by Councilmember Lymangood, seconded by Councilmember Anderson, to change Section 4 of the proposed ordinance to read: Sections 1 and 2 of this ordinance are effective immediately following passage. Section 3 of this ordinance is effective June 1, 1995. Councilmember Lymangood noted that this provision will give adequate time for notification. Motion to amend carried, five ayes. Main motion as amended carried, five ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to direct staff to make best efforts to notify property owners affected by this ordinance, as well as the usual notice in the newspapers, cable, and Plymouth News. Motion carried, five ayes. Regular Council Meeting April 18, 1995 Page 8 ITEM 8-A WESTON CORPORATION (94093) Community Development Director Hurlburt described the request of Weston, Hilloway Corp., and Moen Leuer Construction for Nanterre (94093). The applicant is requesting to rezone 48.7 acres of this site from FRD (Future Restricted Development) to R -IA (Low Density Residence District). The request also includes a RPUD Concept Plan, RPUD Preliminary Plan/Plat and Conditional Use Permit for an 83 -unit residential subdivision. The RPUD would be located on 48.7 acres south of Schmidt Lake Road. The applicant is also requesting approval of a Sketch Plan and Conditional Use Permit to allow grading to occur on the portion of the site located outside of the Metropolitan Urban Service Area MUSA) north of Schmidt Lake Road. The Sketch Plan shows 75 dwelling units on 31 acres. The entire project consists of 79.7 acres and would include 158 dwelling units on 31 acres. She said that the applicant is balancing grading on both halves of the site, even though a portion is outside of the MUSA. Discussions were held on adding the area north of Schmidt Lake Road to the MUSA, but staff does not recommend considering this until the planning for northwest Plymouth is completed. Community Development Director Hurlburt said that two issues were identified since the Planning Commission meeting. The water tower was originally planned to be on high ground in the middle of the planned development. Staff and the developer have agreed on moving the tower to a lower site just north of Schmidt Lake Road extended and just west of Vicksburg Lane. The costs will be more for a tower at the lower site because the water tower will have be higher to get the needed height for the proper water pressure. This issue appears to be resolved by the developer agreeing to an assessment to be placed on the development which will become operative when the area north of Schmidt Lake Road is developed. Director Hurlburt said that Hollydale Golf Course, the abutting property to the south, has also indicated that they oppose the development until better drainage measures are required. She stated that the rate of runoff to the adjoining properties cannot increase as the result of the development. About 1/3 of the drainage from the subject parcel is toward Hollydale Golf Course. A condition has been added to the proposed approving resolution requiring the developer to hold the City harmless with respect to any damages sustained or costs incurred resulting from plat approval and development. Another condition provides that the PUD Final Plans shall include fencing adjacent to the Hollydale Golf Course to limit access to the Golf Course. Councilmember Granath stated he has some concern with any approvals for the area outside of the MUSA. He is concerned that even a Sketch Plan approval could obligate the City to a concept for that area. Regular Council Meeting April 18, 1995 Page 9 Community Development Director Hurlburt stated that approval of a Sketch Plan would not obligate the City to a specific concept for that area, probably only that it would be residential in nature. She stated that the conditional use permit to allow grading outside of the MUSA does not allow for sewer service. Councilmember Anderson stated that the Deziels', owners of the golf course, have indicated that the water level is elevated at Hollydale now. He asked if there will be increased flow of water to the golf course property that will change its natural condition. Community Development Director Hurlburt stated that the rate of runoff would not increase. Public Works Director Moore explained that the City's storm drainage plan requires that the rate of runoff must not be increased from pre -development conditions to post -development conditions. There will be more water, but it will not drain at a greater rate. The water is put into holding ponds and released at a rate no greater than pre -development. Councilmember Anderson asked about the drainage toward the golf course. Public Works Director Moore stated that the water has always naturally drained through the golf course. The Deziels' have installed drain tiles and created ponds to dry up areas that were previously wet. The area at the southerly edge of the golf course used to be a wetland, until it was converted into a fairway. He said that about 1/3 of the proposed development would drain southerly, through the Autumn Hills development, and through to the golf course. Councilmember Lymangood asked if the holding requirements for the NURP ponds could be amended to address the drainage concern. Public Works Director Moore said the NURP ponds relate only to the water quality treatment. In this situation, the rate of water runoff would be controlled by a variable rate outlet that can handle small or large rainfalls. The developer is required to analyze a low event and two high events to determine the outlet rate. A 100 year rainfall is the recognized maximum standard. Community Development Director Hurlburt stated that the detailed engineering design information will be available by the time of final plat consideration. Councilmember Anderson stated that final plat approval is ministerial in nature. He has concerns about pending litigation relating to this issue, even if there is a hold harmless agreement, relating to drainage issues. Regular Council Meeting April 18, 1995 Page 10 Bill Deziel, 4540 Holly Lane, represented Hollydale Golf Course. He said that the abutting Autumn Hills development does not have an adequate buffer for drainage water. The amount of water has increased since that development, and water comes directly onto the golf course without stopping. The pond for Autumn Hills is full. He said that the drainage ditch should be improved so that the City maintain it and ensure that the golf course is not flooded. Community Development Director Hurlburt stated that some of these issues relate to general drainage in the area, are beyond the scope of the applications before the Council, and are not directly related to this plat. Manager Johnson stated that Mr. Deziel's reference to a drainage ditch was discussed early this year in conjunction with the Council's approval for the cleaning of Plymouth Creek. The City does not have an easement for the ditch area referenced by Mr. Deziel; however, the Council previously directed staff to study this work for next winter. Public Works Director Moore stated that in order to comply with the wetland rules and regulations, that existing ditch/culvert should not be lowered. If lowered, it could dry up the entire wetland complex in the area. He said that Mr. Deziel believes that the ditch needs to be cleaned, but staff believes it is adequately draining. He stated that the drainage is a concern and perhaps should be referred to the City Attorney. The historical impacts and prior conditions need to be considered, for example, what have the golf course owners done to the wetlands, and is the ditch a natural waterway. City Attorney Knutson stated that normally when a preliminary plat is approved, it locks the Council into approving the final plat if conditions are met. He suggested that the Council could consider adding another condition requiring approval of a drainage plan that satisfies the City's concern that drainage will not damage abutting property. MOTION was made by Mayor Tierney, seconded by Councilmember Lymangood, to add Condition 24 to the draft resolution as outlined by the City Attorney. Councilmember Granath suggested that perhaps the abutting property owners may be able to work out some of the drainage problems without City involvement. He noted that there is litigation potential, and perhaps more discussion should take place before Council action. He also has reservations about approving anything beyond the MUSA. Even if an approval does not legally commit the City, the Council may be incrementally determining what the area will be outside of the MUSA. He will not support the development proposal this evening. Regular Council Meeting April 18, 1995 Page 11 Councilmember Lymangood noted that approval of this item requires a 5/7 vote. Richard Bloom represented Weston Corporation. He requested that this item be tabled until the full Council is present. He said that the developer has been aware of the drainage concerns for years and has responded to the Deziels' concerns. He suggested that the developer could work with the Deziels' engineer, rather than attorney. Mr. Bloom noted that the proposed development site is the receiver of the water drainage from the northerly portion of the Hollydale Golf Course. The proposed development would also create more wetlands than currently exist. He said the golf course has the majority of drainage problems on the southerly corner abutting the Autumn Hills development. The developer is proposing to divert in another direction some of the drainage from the Nanterre development that would normally go into the Autumn Hills development. There are two small wetlands in the area south of Schmidt Lake Road that the new development will not disturb. The developer is in the process of developing detailed plans to establish a definitive plan with respect to drainage. Barr Engineering assisted with this issue, and they could discuss the drainage issues with the Deziels' engineer. Councilmember Lymangood asked if some of the extra fill is being moved in order to direct the drainage away from the golf course? Mr. Bloom responded that the southeast area of the site currently drains southerly into Autumn Hills development and then to Hollydale. After grading, the drainage will flow northerly and away from Hollydale. He said that grading is proposed outside of the MUSA in order to balance the grading and to mass grade the entire site. Otherwise, a large amount of fill would have to be brought into the site in the future for development causing disruption to the neighborhood. MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to table consideration of this issue until staff and the developer have met with an engineering representative of the Deziels', with a report to come back to the Council in a timely manner. Councilmember Granath again expressed concern about the Sketch Plan application for the area outside of the MUSA. Community Development Director Hurlburt stated that staff requested some type of concept plan because the developer was requesting permission to mass grade. She said it is important that the grading be done at one time for the water tower site, Schmidt Lake Road, and grading and drainage of the preliminary plat portion. She said the sketch plan does not obligate the City to anything other than possible future residential development north of the site. Regular Council Meeting April 18, 1995 Page 12 Councilmember Lymangood stated that Condition 17 of the proposed resolution addresses this issue by indicating that the sketch plan approval is for informational purposes only. Mr. Deziel expressed concern that the City does not have an easement to clean out the ditch running to the culvert under County Road 9. He said that unless the City has an easement so that the ditch can be cleaned, he will be opposed to every future development that would impact the golf course. Manager Johnson said staff will begin work on the issue of whether the City should acquire a public easement of the ditch area. Motion to table carried, five ayes. ITEM 9-A WATER QUALITY TASK FORCE RECOMMENDATIONS Manager Johnson presented the report of the Water Quality Task Force. He noted the recommendations of the Task Force relating to public education efforts, a sump pump inspection program, and an ordinance to regulate the amount of phosphorous used by commercial fertilizer applicators in the City. He said the goal of the sump pump inspection program would be to minimize the amount of sump pump water being deposited into the sanitary sewer system for the City and the Metropolitan Council. This, in turn, is projected to save the City significant treatment costs and forestall overloading of regional sewage treatment facilities. Finance Director Hahn described the proposed sump pump inspection program. He said that for the last 10 to 15 years, there has been a 5-10 percent increase in sewer treatment rates each year. Therefore, significant savings could be achieved by reducing the amount of waste water requiring treatment. Scott Helgeson, Financial Analyst, stated that clear water inflow and infiltration into the sanitary sewer system is the reason for the variances in the City's monthly flow to the Metropolitan Council for treatment. Theoretically, there should be flat flow amount each month. He has projected that the City is paying at least 400,000 in excessive charges per year, based on the minimum charges. He believes about $500,000 could be saved annually by implementing an inspection program. Reports from other cities have indicated highly successful inspection program results. He stated it would cost approximately $250,000 to inspect all the homes in the City. Staff is proposing to begin the program by inspecting 1,000 homes during the summer of 1995, targeting the six areas of the City with highest ground water level. He stated that about 5 percent of the homeowners in Plymouth are running Regular Council Meeting April 18, 1995 Page 13 their sump pump into the sanitary sewer. This is costing each property owner in the City about $30 per year in sanitary sewer surcharges. Councilmember Wold supported the inspection program. He believes the staffs estimated cost savings are conservative. Councilmember Granath asked how the initial 1,000 homes will be selected. Financial Analyst Helgeson responded that there are about 750 homes in high water areas that probably contribute the majority of the problem. If 1,000 homes are inspected this summer, the City will realize an immediate impact. Councilmember Anderson thanked the Water Quality Task Force for bringing this issue forward for Council action. He suggested the use of students to conduct the program this summer. Councilmember Lymangood suggested that the Task Force could be directed to develop a firm recommendation on a sump pump inspection program within the next 30 days. MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to accept the report of the Water Quality Task Force; to direct that an ordinance be prepared for Council consideration regulating the use of phosphorous by commercial fertilizer applicators; and to extend the Water Quality Task Force for an additional 30 days to provide time to study and recommend a complete sump pump inspection program. Motion carried, five ayes. ITEM 9-B OPPOSE SENATE FILE 1570 - PROPERTY TAX FREEZE MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-259 OPPOSING SENATE FILE 1570 --PROPERTY TAX FREEZE. Motion carried, four ayes; Granath nay. MOTION was made by Mayor Tierney, seconded by Councilmember Lymangood, to adjourn the meeting at 9:45 p.m. Motion carried, five ayes. Laurie F. Ahrens City Clerk