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HomeMy WebLinkAboutCity Council Minutes 09-05-2000Adopted Minutes Regular Council Meeting September 5, 2000 A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on September 5, 2000. COUNCIL PRESENT: Mayor Tierney, Councilmembers Brown, Black, Bildsoe, Slavik, Johnson, and Harstad. ABSENT: None. STAFF PRESENT: City Manager Johnson, Public Safety Director Gerdes, Park and Recreation Director Blank, Finance Director Hahn, Community Development Director Hurlburt, Public Works Director Moore, City Attorney Poehler, and City Clerk Paulson. Plymouth Forum Roger Meyerhoff, 11825 23rd Avenue North, indicated his displeasure with the Council in authorizing no parking on 23rd Avenue from West Medicine Lake Drive to Hemlock Lane on August 22. He voiced frustration in not receiving ample notification of this meeting. He doesn't understand why the no parking was designated for the south side of the street where his home is located as he has a visitor that is handicap who needs to park in front of his residence. Councilmember Johnson stated she would be interested in placing this item on tonight's agenda for possible reconsideration and tabling to a future meeting. Laurel Bahn, 17373 West County Road 6, representing Kimberly Meadows Tenants Association, reported the owners of their development are requesting to void their contract with Minnesota Housing Finance Agency (MHFA) in order convert it to market rate housing. She stated this would create a hardship for the residents, as rents would increase to $1,000 per month. She then presented a survey of the tenants to the Council and stated that tenants' incomes average $10,000 to $20,000 per year. Doris Underwood, Carol Nelson, and Yeugeny Hischansky, residents of Kimberly Meadows, requested the Council's support. Community Development Director Hurlburt stated staff has been in contact with MHFA to request retainage of the Section 8 Certificates. Motion was made by Councilmember Slavik, and seconded by Councilmember Brown, to send a letter of support. Adopted City Council Minutes Regular Meeting of September 5, 2000 Page 2 of 12 Councilmember Slavik offered her assistance to the tenants. Councilmember Brown offered the assistance of the City's HRA as well. There being no further discussion and with all members voting in favor, the motion carried. Presentations and Public Information Announcements 4.1) Presentation of "Planting Plymouth Proud" Award Mayor Tierney assisted City Forester Buck in presenting the 2000 "Planting Plymouth Proud" awards. The Stewards Award was presented to Suncourt Homes Garden, and the Mayor's Award was presented to Lynn Avbae. City Forester Buck mentioned the perennial plant swap on September 11 from 5:30 p.m. to 7:30 p.m. at the Public Works building. Public Works Director Moore announced the September 23 City wide cleanup day at the Public Works building. Approval of Agenda Councilmember Johnson requested to add reconsideration of Resolution No. 2000-417, adopting no parking restrictions on 23`d Avenue from West Medicine Lake Drive to Hemlock Lane as item No. 8.15 under General Business. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to approve the amended agenda. With all members voting in favor, the motion carried. Consent Agenda Mayor Tierney asked if there were any additions, corrections, or deletions to the Consent Agenda. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Harstad, to approve the Consent Agenda which included the following items: Adopted City Council Minutes Regular Meeting of September 5, 2000 Page 3 of 12 6.01) Approve Regular Meeting minutes of August 8, 2000, and Special Council Meeting of August 21, 2000. 6.02) Resolution Approving Disbursements for the Period ending August 25, 2000 (Res2000- 422). 6.03) Approve request for an extension of approvals for the 188 -unit extended stay hotel called Homestead Village" located at the southeast corner of Highway 55 and Nathan Lane (98106). 6.04) Resolution Approving a Preliminary Plat and Subdivision Code Variance for Paragon Designers and Builders Corporation, Property located at 540 Queensland Lane North (20100 — Res2000-423). 6.05) Resolution Approving Variance Request for Michael and Kristie Avery for Property located at 9600 18'" Avenue North (20118 — Res2000-424). 6.06) Approve Variance for a 10 -foot high by 16 -foot wide scoreboard at Elm Creek Playfield located at 4905 Peony Lane North (20119). 6.07) Resolution Approving a Fire Code Variance for TRI Architekts, Inc. for the Proposed Red Robin Restaurant, for Property located north of Highway 55, south of 34`h Avenue, and west of Plymouth Boulevard (20116 — Res2000-425). 6.08) Resolution Approving a Fire Code Variance for Quest Development, Inc. for the Proposed Plymouth Plaza. I Building, for Property located north of 36th Avenue between Vicksburg Lane and Plymouth Boulevard (20121— Res2000-426). 6.09) Resolution Finding No Objection to Lawful Gambling Exemption for Oakwood Elementary PTA (Res2000-427). 6.10) Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment for 1999 Street Reconstruction Program (9001 — Res2000-428), Resolution for Hearing on Proposed Assessment for 1999 Street Reconstruction Program (9001 — Res2000- 429), Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for 2000 Street Reconstruction Program (9901 — Res2000-430), and a Resolution for Hearing on Proposed Assessment for 2000 Street Reconstruction Program (9901 — Res2000- 431). 6.11) Resolution Authorizing the Mayor to sign the Certificate of Exemption from the Wetland Conservation Act, Quest Development, Inc. (20121 — Res2000-432). Adopted City Council Minutes Regular Meeting of September 5, 2000 Page 4 of 12 6.12) Resolution Awarding Bid for Cheshire Lane Bridge Embankment (9006 — Res2000-433). 6.13) Resolution Approving Purchase Agreement for County Road 101 Improvements, 17915 County Road 24 (9005 — Res2000-434). 6.14) Resolution Authorizing the Private Sale of Parcel 22-118-22-44-0053 to Adjacent Property Owner (Res2000-435). 6.15) Resolution Approving 2000 Tobacco License (Res2000-436). 6.16) Resolution Affirming Participation in the "Minnesota Cities: Building Quality Communities" Initiative (Res2000-437). 6.17) Resolution Approving Authorization to Proceed with Purchase of Golf Net (Res2000- 438). 6.18) Resolution Transferring Funds from the Activity Center/Fieldhouse Construction Account to the Millennium Garden Reserve, Activity Center Replacement Reserve, Fieldhouse Operating Fund and Capital Improvement Fund (Res2000-439). Councilmember Black stated regarding item No. 6.03, she would be registering a no vote as she doesn't believe this request is necessary. Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to amend the main motion to move item No. 6.06 to 8.3 under General Business. With all members voting in favor, the motion carried. Jaime Sherwood, Activities Director at Wayzata High School, requested the Council discuss item No. 6.06 as the Planning Commission denied part of their request. Motion was made by Councilmember Johnson, and seconded by Councilmember Black to amend the main motion to move this item to 8.04 under General Business. With all members voting in favor, the motion carried. Motion carried to approve the amended Consent Agenda. Public Hearings 7.1) Vacation of Drainage and Utility Easements for Ponding Purposes in Outlot G of Rockford Glen Addition Adopted City Council Minutes Regular Meeting of September 5, 2000 Page 5 of 12 Public Works Director Moore illustrated the proposed vacation and stated that the easements originally dedicated in Outlot G are in excess of the actual amount of easement required for the wetland area. He stated the easement for the wetland, drainage, and utility easements would be dedicated on the final plat of Rockford Glen 40' Addition. Mayor Tierney opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt a Resolution Authorizing the Vacation of Drainage and Utility Easements and Utility and Drainage Easement for Ponding Purposes in Outlot G of Rockford Glen Addition (Res2000- 440), and a Resolution Setting Conditions to be Met Prior to Filing of Resolution No. 2000-440, Vacating the Drainage and Utility Easements and Utility and Drainage Easements for Ponding Purposes in Outlot G of Rockford Glen Addition (Res2000-441). With all members voting in favor, the motion carried. 7.2) Alcohol Compliance Check Violation for TGI Friday's of Minnesota, d/b/a Italianni's, 220 Carlson Parkway (third violation) Public Safety Director Gerdes stated a compliance check violation occurred at Italianni's in December 1999. He stated notice of this hearing was mailed to the license holder. Mayor Tierney opened the public hearing for testimony. Public Safety Director Gerdes reported technically, this violation is a fourth violation. He stated in 1998, three violations occurred at the establishment on June 5, August 12, and October 27. In the first case of the June violation; the clerk did not appear in court and a bench warrant was issued. The August case was then the first heard by the Council on March 2, 1999 and the other two violations were heard by the Council on April 6, 1999 and May 18, 1999. At the time of the March 2 hearing, the manager appeared on behalf of the establishment. All three violations had already occurred. It was apparent the manager had not taken any actions to correct the problems. At the time, staff was sending the notices of the violations and hearing only to the on-site manager. With the hearing on the second violation on April 6, the City had changed this policy and copies of all notifications were send to corporate headquarters. In conversations with corporate representatives, they were unaware of the third violation. Immediately thereafter, the on-site manager was replaced and corporate initiated numerous steps to correct the problem. This included training by the staff for all the employees. During the 1999 compliance checks, the licensee did pass one check on July 23, 1999. With the failure that occurred on December 22, 1999, the Council adopted a resolution at the January 4, 2000 meeting imposing Adopted City Council Minutes Regular Meeting of September 5, 2000 Page 6 of 12 all stayed suspension days. Therefore, based on the circumstances, staff is recommending this violation be treated as a third violation under the City's ordinance. This would be a presumptive penalty of $2,000 and a 15 -day license suspension. Councilmember Bildsoe asked if the licensee has passed a compliance check in 2000. Public Safety Director Gerdes replied the checks wouldn't be conducted until September or October. Councilmember Slavik asked if the licensee passed this year's compliance checks, would they be eligible for the Best Practices Program. Public Safety Director Gerdes stated the licensee would qualify when they renew their liquor license in January 2002. Scott Rusert, representing Italianni's, stated upon first notice of the problem, they tried to partner with the City to combat underage drinking. John Reale, representing Italianni's, discussed their current training program for all their employees. He stated employees need to pass 90% of the test in order to serve alcohol, and there is an annual certification of this program as well. He stated since December 1999, they have initiated various training programs ("Golden Egg" Program, "BARS" Program, 40 and Under Carding Program, and automated identification card scanner system) for all their employees. He reported internally, this establishment has had 14 independent compliance checks which have all passed. He stated they are continually reviewing additional programs to eliminate the human error of failing compliance checks. Mr. Rusert added their program was ready to implement prior to the compliance check violation. However, due to unforeseen circumstances, the program was implemented after the compliance check violation. Richard Snead, also representing Italianni's, stated they are creating awareness of underage drinking with their employees. The company is trying to initiate a better method of monitoring employees and recognizing proper behavior. He stated he is embarrassed and disgusted with this situation. He reiterated the various programs the company has in place for their employees and the need for the employees to be certified every year. He stated due to their new standards, recruiting new managers and staff has become extremely difficult. In addition, there have been complaints from patrons, loss of sales, and decline of profitability for their Plymouth location. They are hopeful that the Council will recognize their efforts and programs for their employees. He stated a suspension has a devastating affect on their establishment. Therefore, he requested a suspension be stayed. There being no one else wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Adopted City Council Minutes Regular Meeting of September 5, 2000 Page 7 of 12 Motion was made by Councilmember B and seconded by Councilmember ose a license suspension of 20 days, all stayed, and a $2,000 fine. to Councilmember Bildsoe acknowledged the licensee's new training programs for all their programs. However, he stated the penalty would be much more severe if there is another compliance check violation. Mayor Tierney, Councilmembers Johnson, Harstad, Black, Brown, and Slavik voiced their support of the motion. There being no further discussion and with all members voting in favor, the motion carried. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to direct staff to prepare findings of fact for the September 26 meeting. With all members voting in favor, the motion carried. 7.3) Adopt 2000 Delinquent Water, Sewer, Recycling and Street Lighting, Unpaid Annual Street Lighting for Unimproved Parcels and Unpaid Recycling Fees Finance Director Hahn reported on the 2000 delinquent water, sewer, recycling, street lighting service charges, unpaid annual street lighting for unimproved parcels, and unpaid annual recycling fees. Mayor Tierney opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt a Resolution Adopting Assessments for 2000 Unpaid Annual Street Lighting for Unimproved Parcels and Unpaid Annual Recycling Fees (Res2000-443), and a Resolution Adopting Assessments for 2000 Delinquent Water, Sewer, Recycling, and Street Lighting Service Charges Res2000-444). With all members voting in favor, the motion carried. General Business 8.1a) Adopt Preliminary 2001 Budget and Tax Levy and Establish Public Hearings for Truth in Taxation and Levy Certification Tax Rate Increase Adopted City Council Minutes Regular Meeting of September 5, 2000 Page 8 of 12 City Manager Johnson discussed with the Council the proposed 2001 budget and the proposed 2001 tax levy. He requested the Council establish public hearing dates for the 2001 budget on December 4 and December 11 (reconvene date, if necessary). In addition, the Council schedules the tax levy rate certification hearing for September 26. He stated there are no State levy limits in place this year. There were also no significant tax classification changes. The City loses $1.6 million each year which is an increased loss of 200,000 over 2000 due to the fiscal disparities law. He stated some of the major initiatives in the 2001 budget include improving Fire Department response, increasing funding for street reconstruction, increasing water quality education, initiating a surface water utility fee, implementing a general fund surplus correction factor, implementing E -government initiatives, and redesigning the City's web page. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson to adopt a Resolution Adopting Proposed 2001 Budgets (Res2000-445), Resolution Adopting Proposed Property Tax Levies for Taxes Payable in 2001 (Res2000-446), Resolution Setting Truth in Taxation Public Hearing Dates for 2001 Tax Levy (Res2000-447), and a Resolution Setting Public Hearing Date to Authorizing a Tax Rate Increase for the 2000 Tax Levy, Collectible in 2001 Pursuant to Minnesota Statutes 275.078 (Res2000-448). With all members voting in favor, the motion carried. 8.15) Reconsideration of Resolution No. 2000-417, Adopting Parking Restrictions on 23rd Avenue from West Medicine Lake Drive to Hemlock Lane Mr. Meyerhoff, 11825 23`d Avenue North, reiterated his concern that he should be able to park in front of his residence. He also voiced his displeasure in only receiving a four-day notice that this matter was to be discussed by the Council at their previous meeting. He requested the City provide a five -business day notice to residents when the Council discusses issues affecting their property. Councilmember Brown asked if there could be a handicap -parking zone in front of Mr. Meyerhoff's residence. Public Safety Director Gerdes replied it would be possible to designate a handicap -parking zone. Public Works Director Moore provided a history on this no parking request which was approved. He explained a resident circulated and submitted a petition to the City. Staff verified that all property owners had signed the petition except for one. He stressed that the notice to the property owners of the previous Council meeting in which this matter was discussed, was sent to residents 10-14 days prior to the hearing. Adopted City Council Minutes Regular Meeting of September 5, 2000 Page 9 of 12 Motion was made by Councilmember Johnson, and seconded by Councilmember Brown, for the Council to reconsider this issue at a future Council meeting with proper notification provided to the property owners. With all members voting in favor, the motion carried. Councilmember Brown offered his assistance to meet with staff and the property owners. He stated this meeting could be accomplished prior to the September 26 Council meeting. Motion was made by Councilmember Johnson, and seconded by Councilmember Brown, to place this item on the September 26 Council agenda. In addition, a meeting would be scheduled with the property owners, staff, and Councilmember Brown. With all members voting in favor, the motion carried. Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe, to suspend the rules and move item No. 8.3 up before item No. 8.2. With all members voting in favor, the motion carried. 8.3) Approval of a One -Year Extension of the Development Approvals for Homestead Village for Property Located south of Highway 55, west of Highway 169, and east of Nathan Lane (98106) Alan Van Dellen, 150 South 5h Street, Minneapolis, requested the Council grant a one-year extension of the development approvals for a 118 -unit extended stay hotel for Homestead Village. He stated the main reason why the development could be perceived as a problem is the impact to the environment. However, Homestead has worked with staff in addressing environmental concerns. He stated the site required assembly of a number of parcels of land and vacations. In light of the investment made by Homestead on this site, they do not feel that it is unreasonable for an 11 -month extension through August 5, 2001. He stated there would be wetland mitigation on the little peninsula as well as a bike path on the east side. He explained the former owner of Browns Market owns the little peninsula, and it would be very difficult for him to develop that site. In terms of the upstream wetland mitigation, Homestead has reviewed a number of sites for mitigation and has determined that site would be the most appropriate site. In addition, the square footage or acreage mitigation is significantly larger on the Medicine Lake peninsula than on their site. Kris Osburn, representing Homestead Village, stated their company is now a privately owned company which has caused some delays in their development due to the internal changes. Councilmember Black stated her concerns were related to the environment. She noted a number of variances that were approved in order to fit the building in this site. She believes that the little Adopted City Council Minutes Regular Meeting of September 5, 2000 Page 10 of 12 peninsula is not appropriate for mitigation purposes. Lastly, she feels the footprint of the development is too large for this site, and the impact is too close to a large wetland area. Councilmember Brown asked what would occur after the extension. Community Development Director Hurlburt replied if the applicant would intend to seek another extension, they would need to come back to the Council again. The extension only allows the applicant to continue with the Council's previous approvals. Motion was made by Councilmember Harstad, and seconded by Mayor Tierney, to adopt a Resolution Approving a One -Year Extension of the Development Approvals for Homestead Village for Property Located South of Highway 55, West of Highway 169, and East of Nathan Lane (98106 — Res2000-449). Public Works Director Moore commented that the wetland mitigation on the little peninsula requires separate Council approval. There being no further discussion and with Bildsoe, Slavik, Harstad, and Tierney voting yes, and Johnson, Brown, and Black voting no, the motion carried. Motion was made by Councilmember Johnson, and seconded by Councilmember Slavik to send the rules and move 8.4 up before item No. 8.2. With all members voting in favor, the motion carried. 8.4) Variance for Wayzata High School for a Scoreboard to be located on Softball Field 3 at the Elm Creek Playfields at 4905 Peony Lane North (20119) Jaime Sherwood, Athletic Director at Wayzata High School, stated they have a very active athletic booster club that represents all sports and the entire athletic department. With all their fundraising projects, they would like to provide recognition to them for their efforts. Therefore, he requested the school be allowed to add a partnership panel on their scoreboard to acknowledge the athletic booster club. Community Development Director Hurlburt stated the ordinance is very clear that no advertising panels are allows on outside scoreboards. Therefore, a Variance wouldn't be appropriate, but rather an ordinance amending the sign ordinance. She cautioned the Council in amending the ordinance as it could establish precedence on off -premise advertising on billboards and signs. Councilmember Johnson stated this type of action could create inappropriate advertising. However, she asked if there was a way to word the ordinance to allow non-profit organizations to utilize partnership panels on signs. Adopted City Council Minutes Regular Meeting of September 5, 2000 Page 11 of 12 Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe, to adopt a Resolution Approving Variance for Wayzata High School for a Scoreboard to be Located on Softball Field 3 at the Elm Creek Playfields at 4905 Peony Lane North (20119 — Res2000- 450). With all members voting in favor, the motion carried. Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe, to direct staff to review a possible sign ordinance amendment which would allow non-profit organizations to utilize partnership panels on outdoor signs. With all members voting in favor, the motion carried. 8.2) Consider Voluntary Property Acquisition Near 17th Avenue North and Highway 169 requested by Councilmember Harstad) Councilmember Harstad requested the Council consider purchasing the Professional Building at the corner of 17th Avenue and Highway 169. He stated a few months ago, there was also a single-family residence that was for sale adjacent to this site. He explained by purchasing these properties, it enables the City to expand the park area and have a better sight line to the park. He added the listing price is reasonable. If the Council would purchase this property, he would volunteer to manage the property. He believes there is adequate funding in the park budget for 2000 and 2001 open space acquisitions to make the purchase. He recommended that the current tenants be allowed to lease space through the remainder of their leases, and eventually they would be relocated. The site would then be cleared. Motion was made by Councilmember Harstad, and seconded by Councilmember Johnson, to pursue the voluntary purchase of this property. Councilmember Johnson stated she does not support this motion as there are not funds earmarked for this purchase. She would rather utilize those funds to clean Medicine Lake. In addition, she feels that government shouldn't be in the leasing business. Lastly, this would establish a poor precedence in purchasing buildings. City Manager Johnson stated the park funds that Councilmember Harstad is referring to are for open spaces, particularly in the Northwest Greenway area. Councilmember Bildsoe stated before he could make any decision on this recommendation, he would need to know what the City's options are as well as a long-term plan for this property. Councilmember Black echoed Councilmember Bildsoe's comments. Adopted City Council Minutes Regular Meeting of September 5, 2000 Page 12 of 12 Councilmember Brown stated this issue is not part of the Comprehensive Plan. Therefore, there hasn't been a process established. Based on the Councilmembers' comments, Councilmember Harstad withdrew his motion. Reports and Recommendations There were no reports and recommendations. Adjournment Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to adjourn the meeting at 9:50 p.m. With all members voting in favor, the motion carried. andra R. Paulson, City Clerk