HomeMy WebLinkAboutCity Council Minutes 05-27-2008Adopted Minutes
Regular Council Meeting
May 27, 2008
Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in the
Council Chambers of City Hall, 3400 Plymouth Boulevard, on May 27, 2008.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Hewitt, Stein, Black, Murdock, Willis,
and Bildsoe.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Police Chief Goldstein, City
Engineer Moberg, Administrative Services Director Portner, Park and Recreation Director Blank,
Fire Chief Kline, Community Development Director Juetten, Planner Doty, and City Clerk
Engdahl.
Plymouth Forum
There was no one present to address the Council.
Presentations and Public Information Announcements
4.01) Presentation of New SWAT Vehicle by Plymouth Lions and Plymouth Crime and
Fire Prevention Fund
Billie Goodman, President of the Plymouth Crime and Fire Prevention Fund, along with fellow
members and members of the Plymouth Lions Club, presented the new SWAT vehicle to the
City.
Motion was made by Cormcilmember Bildsoe and seconded by Councihnember Black to adopt
a Resolution Accepting the Donation of a Vehicle for the Police SWAT Team from the
Plymouth Crime and Fire Prevention Fund (Res2008-172). With all members voting in favor,
the motion carried.
4.02) Recognition of Clean Up Efforts of Boy Scout Troop 283 at Parkers Lake on April
26
The Council thanked Boy Scout Troop 283 for their cleanup efforts on April 26 at Parkers Lake.
4.03) Recognition of Planning Commissioner Frank Weir
Mayor Slavik recognized Planning Commissioner Frank Weir, and thanked him for his years of
service in various capacities with the City of Plymouth.
Adopted Council Minutes 1 of 6 Regular Meeting of May 27, 2008
Mayor Slavik announced that May is "Poppy Month." She thanked people who are in the
military that are serving our country.
Approval of Agenda
Discussion on the Metropolitan Council's comments on the City's Comprehensive Plan and
setting a future Study Session were added to the agenda under Reports and Staff
Recommendations as item No's. 9.2 and 9.3 respectively.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Bildsoe, to
approve the amended agenda. With all members voting in favor, the motion carried.
Consent Agenda
Item No. 6.04 was removed from the Consent Agenda and placed under General Business as
item No. 8.01.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt
the Consent Agenda that included the following items:
6.01) Minutes from the Regular Council Meeting of May 13, 2008.
6.02) Resolution Approving Disbursements for Period ending May 17, 2008 (Res2008-173).
6.03) Resolution Approving Stipulation of Settlement and Authorizing City Attorney to Sign
Document for City Project No. 6108 (Res2008-174).
6.04) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.01).
6.05) Resolution Approving a Site Plan for the City of Plymouth to allow Constriction of a
Pump House for Well No. 16 located at 12000 Old Rockford Road (2008016 — Res2008-175).
6.06) Ordinance Amending the Zoning Ordinance Concerning Mobile Signs (2008019 —
Ord2008-13) and a Resolution Approving Findings of Fact for a Zoning Ordinance Text
Amendment to Define and Prohibit Mobile Signs (2008019 — Res2008-176).
6.07) Resolution Approving a Site Plan Amendment to Construct a Multi -Purpose Park
Building for the Plymouth -New Hope Little League Association at Zachary Playfreld located at
4355 Zachary Lane (2008021—Res2008-177).
6.08) Resolution Awarding Contract for 28`x' Avenue Lift Station Project (8108 — ReS2008-
178).
Council Minutes 2 of 6 Regular Meeting of May 27, 2008
6.09) Resolution Approving State of Minnesota Cooperative Construction Agreement between
Department of Transportation the City of Plymouth for Highway 55 Culvert Replacement Project
7138 — Res2008-179).
6.10) Resolution Approving Asphalt Overlay Work for 2008 (Res2008-180).
Motion carried to approve the Consent Agenda.
Public Hearings
7.1) On -Sale Liquor and Sunday Liquor License applications from Red Robin
International, Inc., d/b/a Red Robin America's Gourmet Burgers and Spirits, 2669
Campus Drive
City Clerk Engdahl reported on the request of Red Robin International, Inc., for On -Sale Liquor
and Sunday Liquor Licenses for Red Robin American's Gourmet Burgers and Spirits, 2669
Campus Drive.
Mayor Slavik opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Slavik
declared the public hearing closed.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe to adopt
a Resolution Approving On -Sale Liquor and Sunday Liquor Licenses for Red Robin
International, Inc., d/b/a Red Robin America's Gourmet Burgers and Spirits 2669 Campus Drive
Res2008-181). With all members voting in favor, the motion carried.
General Business
8.01) Ordinance Amending Chapter 4 of the City Code concerning Rental Dwellings and
an Ordinance Amending Chapter 9 of the City Code Concerning Public Peace and Safety
Lisa Peilen, Director of Municipal Affairs, Minnesota Multi Housing Association, summarized
her correspondence given to the Council. She stated their concern is if a juvenile violates State
Statutes, would the property owners be held liable for behavior they have no knowledge, since
the data would be private on the juvenile. City Attorney Knutson replied if there is a situation
where the data isn't public, the City wouldn't use that as a "strike" against the landlord. Staff
feels this type of situation would be very rare.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt
an Ordinance Amending Chapter 4 of the City Code Concerning Rental Dwellings (Ord2008-14)
and an Ordinance Amending Chapter 9 of the City Code Concerning Public Safety and Peace
Ord2008-15). With all members voting in favor, the motion carried.
Adopted Council Minutes 3 of 6 Regular Meeting of May 27, 2008
8.1) Conditional Use Permit and Site Plan Amendment for an Additional Retail Building
for Property located at 3550 Vicksburg Lane North (Inland Commercial Property
Management, Inc. — 2007114)
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to
continue this item to June 10 or later if requested by the applicant. With all members voting in
favor, the motion carried.
8.2) Planned Unit Development Amendment and Preliminary Plat for Property located
West of Cheshire Parkway and North of 55th Avenue North (The Rottlund Company, Inc. —
2008003)
Planner Doty reported on the above request.
Deb Ridgeway, with Rottlund Homes, answered questions regarding snow storage and removal.
She stated that the City would be responsible for plowing, and the snow would be moved to the
end of the private road and to the center of the island. If there isn't enough room, they would
haul it off site. She explained the irrigation system in place to water the common areas, and the
homeowners association would be responsible for the rain garden maintenance. Regarding the
fixture of the homeowners association, a unanimous vote by the association would be required to
dissolve it. Adequate fiends are budgeted to maintain the various amenities in the development.
The Coxmcil expressed the following concerns regarding this development:
1. Not adequate off-street parking in the development. Residents would need to utilize
Fernbrook Lane (only one side of the street), which Glacier Vista residents currently utilize for
off-street parking.
2. The necessity and maintenance of the private road in the development.
3. Public utilities located under the private road.
4. The effect on drainage in the development when residents replace their porous driveways.
5. Narrow width of the road going into the development.
6. Snow storage issue.
7. A very dense development for this property.
8. The setbacks aren't up to standards.
9. The responsibilities and future of the homeowners association.
10. Ample water pressure in this area for emergency purposes and irrigation systems.
11. The addition of another outlet to the city.
With all
members voting in favor, the motion carried.
8.3) Consider Improvements to Various Streets
City Engineer Moberg reported on possible street improvements to 8th Avenue, 18th Avenue, and
Adopted Council Minutes 4 of 6 Regular Meeting of May 27, 2008
Balsam Lane/Forestview Lane/481h Avenue. He explained these would be temporary overlays on
these streets with funding to come from the street reconstruction fiord. He stated the Council
could choose to do nothing, and staff will continue to patch the roadways as needed. The
Council could also move these streets up in the street reconstruction program for construction in
2009.
The Council reviewed the map contained in the packet materials that identified the 10 worst
rated areas in the City. Some of the Councilmembers commented that there are other streets in
the City that are in need of repair that weren't included in the map. They also questioned if
adjacent streets that are in need of repair would be added in the areas identified once the project
commences. The suggestion was made that if the Council were to approve temporary overlays
on those streets, that the funding come from the street maintenance fund versus the street
reconstruction fund.
Motion was made by Councilmember Bildsoe, and seconded by Coumcilmember Black, to table
this item to June 10 in order to receive more detail on the scope and funding for a temporary
overlay project in the areas identified as well as how the Council is going to address street
reconstruction issues with the future levy limits. With all members voting in favor, the motion
carried.
Reports and Staff Recommendations
9.1) Outlot Study Report for 12 Outlots in the City of Plymouth (2008033)
Planner Doty gave an overview of the summary of the analysis of the 12 outlots in the City. He
noted that the original purpose of each of the outlots was for open space. Most of the outlots
were selected for preservation as they weren't the best sites for development. He noted four of
the 12 outlots that have greater development potential. However, nine of the 12 outlots have
language in their homeowners association documents that grants a non-exclusive easement to the
City for ingress and egress over the outlot. Ten of the 12 outlots have language in the
homeowners association documents that requires approval from the City related to maintenance
issues. The City Attorney has opined that in each of these instances, the homeowners association
language creates a cloud on the title that would make it difficult to sell or finance the outlot for
development. The City Attorney has advised that this language can't preclude a request for
subdivision, nor could it be a basis for approval or denial of a subdivision request. However,
title companies may still require that the City agree to any potential development separate from
action on a subdivision request.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Bildsoe, to do
Option 1 of staff's report, which is to do nothing, recognizing that 10 of the 12 outlots have a
cloud on their titles and that the remaining two lots (with no homeowners association documents
have less development potential based on their site characteristics. In addition, staff was directed
to investigate what options there would be for conservation easements and the options for
maintainingthem. With all members voting in favor, the motion carried.
Adopted Council Minutes 5 of 6 Regular Meeting of May 27, 2008
9.2) Metropolitan Council's Comments on the Comprehensive Plan
The Council discussed with Community Development Director Juetten the comments made by
the Metropolitan Council on a few areas contained in the City's proposed Comprehensive Plan
Community Development Director Juetten stated staff is very confident with the data that is
contained in the plan but would be responding to the Metropolitan Council.
9.3) Set Study Session
The Council changed the start time of the June 24 Special Meeting to 5:00 p.m. rather than 5:30
p.m. and added to the agenda a joint discussion with Hennepin County officials on County Road
47.
Adiournment
Mayor Slavik adjourned the meeting at
approxi
ately 9:35 p.m.
C' tcz
andra R. Engdahl, ity Clerk
Adopted Council Minutes 6 of 6 Regular Meeting of May 27, 2008