Loading...
HomeMy WebLinkAboutCity Council Minutes 05-04-1999Adopted Minutes Regular Council Meeting May 4,1999 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the City Center, 3400 Plymouth Blvd., on May 4, 1999. COUNCIL PRESENT: Mayor Tierney; Councilmembers Bildsoe, Slavik, Black, Harstad, and Johnson. ABSENT: Councilmember Spigner. STAFF PRESENT: City Manager Johnson, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Finance Director Hahn, Park and Recreation Director Blank, City Attorney Knutson, and City Clerk Ahrens. 4.1 1999 Ice Center Figure Skating Show Figure Skating Instructor Sally Reich and several figure skaters announced the 1999 Ice Center Figure Skating Show, May 14-16 at the Plymouth Ice Center. 4.2 Primavera Arts Event Recreation Supervisor Karol Greupner announced Primavera to be held at City Hall on May 14 and 15. 4.3 May 17 Environmental Quality Fair Recycling Coordinator Marjorie Vigoren and students, teachers, and parents from Gleason Lake Elementary School announced the Environmental Quality Fair on May 17. 4.4 Ward 2 Meeting Ward 2 Councilmember Kelli Slavik invited residents to attend a Ward 2 meeting at City Hall on May 17. 4.5 Citizens Academy Graduates Public Safety Director Gerdes and Police Sergeant Mike Goldstein described the Citizens Academy, a 33 -hour course designed to educate citizens on public safety services in the City. The Council recognized the graduates of the program. 4.6 Skate Park Proposal Councilmember Bildsoe stated that the City considered a proposal for a skate park at the last Council meeting. He clarified that the City did not initiate this project. It was proposed by citizens, and there are many items that would need to be addressed before the project could be advanced. He said that notification of the affected neighborhood will be made if the issue formally comes before the Council. Adopted City Council Minutes May 4, 1999 Page 2 5 Approve Agenda Motion was made by Councilmember Black, seconded by Councilmember Johnson, to approve the agenda. Motion carried, six ayes. Forum Celestia Agnes TwoEagles, 13309 34`h Avenue North, described a fire incident that occurred at her property. She thanked the City for the service provided by the police officer who arrived at the scene and assisted her daughter in putting out the fire. The fire posed a threat to a Lakota Sioux Sweat Lodge and old trees on her property. 6 Consent Agenda Items 6.05 and 6.03 were removed from the consent agenda. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to approve the consent agenda as amended. Motion carried, six ayes. 6.01 Approve Minutes Motion was made by Councilmember Johnson, seconded by Councilmember Black, to approve the April 6 and April 20 regular meeting minutes, and the April 27 Board of Review minutes. Motion carried, six ayes. 6.02 Approve Disbursements Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 99-196 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING APRIL 23, 1999. Motion carried, six ayes. 6.04 Establish May 11 as a Special Council Meeting Motion was made by Councilmember Johnson, seconded by Councilmember Black, to establish May 11 as a Special City Council meeting immediately following the Board of Review meeting to discuss the following topics: City Center Streetscape, Convention and Tourism Promotion, Packet Content, and Establish future study sessions and topics. Motion carried, six ayes. 6.06 Carlson Real Estate, Conditional Use Permit for Carlson Child Care (99012) Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 99-197 APPROVING A CONDITIONAL USE PERMIT AND VARIANCE FOR CARLSON REAL ESTATE FOR PROPERTY LOCATED AT 1405 XENIUM LANE NORTH (99012). Motion carried, six ayes. 6.07 Mark and Jayme Hlavacek, 11830 18'hAvenue North (99015) Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 99-198 APPROVING A CONDITIONAL USE PERMIT AND VARIANCE FOR MARK AND JAYME HLAVACEK FOR PROPERTY LOCATED AT 1183118 TH AVENUE NORTH (99015). Motion carried, six ayes. Adopted City Council Minutes May 4, 1999 Page 3 6.08 Association Free Lutheran Bible School, Final Plat (98163—F) Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 99-199 APPROVING FINAL PLAT FOR THE ASSOCIATION FREE LUTHERAN BIBLE SCHOOL FOR PROPERTY LOCATED AT 3110 EAST MEDICINE LAKE BOULEVARD (98163—F). Motion carried: six ayes. 6.09 Kiehm Construction, Inc., Lot Consolidation (99031) Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 99-200 APPROVING LOT CONSOLIDATION FOR KIEHM CONSTRUCTION, INC. FOR PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF 56TH AVENUE AND STATE HIGHWAY 169 (99031). Motion carried, six ayes. 6.10 Amendment to Seven Ponds Seventh Addition Final Plat (98188R) Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 99-201 AMENDING RESOLUTION 98-735 FOR THE SEVEN PONDS SEVENTH ADDITION FINAL PLAT FOR HANS HAGEN HOMES, INC. FOR PROPERTY LOCATED EAST OF CO. RD. 24, SOUTH OF MEDINA ROAD, AND WEST OF GARLAND LANE (98188R). Motion carried, six ayes. 6.11 First Time Homebuyer Funds Reallocation to the Housing Rehabilitation Program Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 99-202 APPROVING REALLOCATION OF $25,000 ($8,291.57 FROM 1997 AND $16,708.43 FROM 1998) IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM THE FIRST TIME HOMEBUYER PROGRAM TO THE HOUSING REHABILITATION PROGRAM. Motion carried, six ayes. 6.12 Hennepin Housing Consortium Joint Cooperation Agreement Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 99-203 APPROVING EXECUTION OF A NEW HENNEPIN HOUSING CONSORTIUM JOINT COOPERATION AGREEMENT WITH HENNEPIN COUNTY AND THE CITY OF BLOOMINGTON. Motion carried, six ayes. 6.13 Reduction in Required Financial Guarantee Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 99-204 REDUCING REQUIRED FINANCIAL GUARANTEE, WESTBRANCH ADDITION FKA PLYMOUTH CREEK HEIGHTS ADDITION (92115). Motion carried, six ayes. Adopted City Council Minutes May 4, 1999 Page 4 6.14 Approval of Hot Mix Asphalt Bids for 1999 Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 99-205 APPROVAL OF HOT MIX ASPHALT BIDS FOR 1999. Motion carried, six ayes. 6.15 Special Assessments, Kingsview Lane Construction Project, City Project No. 9002 Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 99-206 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, KINGSVIEW LANE CONSTRUCTION PROJECT, CITY PROJECT NO. 9002. Motion carried, six ayes. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 99-207 FOR HEARING ON PROPOSED ASSESSMENT, KINGSVIEW LANE CONSTRUCTION PROJECT, CITY PROJECT NO. 9002. Motion carried, six ayes. 6.16 Amendment to City Code Pertaining to Presumptive Penalties for Alcohol Violations Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt ORDINANCE 99-11 AMENDING THE CHAPTER XII OF THE PLYMOUTH CITY CODE REGARDING PRESUMPTIVE PENALTIES FOR VIOLATIONS RESULTING FROM THE SALE OF ALCOHOLIC BEVERAGES. Motion carried, six ayes. 6.17 Kennel License Approval Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 99-208 APPROVING KENNEL LICENSE FOR 1999. Motion carried, six ayes. 6.18 1999 Park Capital Improvement Projects Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 99-209 APPROVING PARK IMPROVEMENT PROJECTS. Motion carried, six ayes. 6.19 Amendment to City Code Pertaining to Beaches Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt ORDINANCE 99-12 AMENDING CHAPTER VIII OF THE PLYMOUTH CITY CODE CONCERNING BEACHES. Motion carried, six ayes. 7.1 Drainage Easement Vacation in Minneapolis Industrial Park 6th Addition Public Works Director Moore presented the staff report on the proposed vacation of part of a drainage easement for ponding in Lot 1, Block 1, Minneapolis Industrial Park 6`'' Addition. Mayor Tierney opened the public hearing. No one appeared, and the hearing was closed. Adopted City Council Minutes May 4, 1999 Page 5 Motion was made by Councilmember Black, seconded by Councilmember Harstad, to adopt RESOLUTION 99-210 AUTHORIZING THE VACATION OF PART OF A DRAINAGE EASEMENT FOR PONDING, LOT 1, BLOCK 1, MINNEAPOLIS INDUSTRIAL PARK 6' ADDITION. Motion carried, six ayes. 7.2 Public Hearing on Disposition of Property Transfer to Hennepin Parks Park Director Blank presented the staff report on the proposal to transfer the City -owned portion of the Luce Line Trail to Hennepin Parks. Mayor Tierney opened the public hearing. No one appeared, and the hearing was closed. Motion was made by Councilmember Black, seconded by Councilmember Harstad, to adopt RESOLUTION 99-211 APPROVING TRANSFER OF LUCE LINE TRAIL TO HENNEPIN PARKS. Motion carried, six ayes. 7.3 Hearing on Use of Community Improvement Funds for Plymouth Creek Center Park Director Blank presented the staff report on the proposed use of Community Improvement Funds for Plymouth Creek Center Project. Mayor Tierney opened the public hearing. No one appeared, and the hearing was closed. Motion was made by Councilmember Black, seconded by Councilmember Johnson, to adopt RESOLUTION 99-212 APPROVING USE OF COMMUNITY IMPROVEMENT FUNDS. Councilmember Harstad asked if a hearing will be held on the use of funds from park dedication or the capital improvement fund for the project. Park Director Blank responded that the City Charter specifically requires a public hearing for expenditures from the Community Improvement Fund. The public hearing on the Capital Improvement Program, which included the remainder of the funding, was held earlier this year. Motion carried, six ayes. 8.05 (6.05) Abatement of Hazardous Building Donald Wagner, 519 E. 1 S` Avenue, Shakopee, appeared on behalf of his brother, Dennis Wagner. He said his brother is too ill to attend the meeting but has a strong desire to repair the building at 2025 Kilmer Lane. Mr. Wagner said this home was sold several years ago on a contract for deed, and the person who held the contract subsequently sold it to another party. His brother was unaware of problems concerning the home until last fall. Mr. Wagner said one estimate has been received for repairs on the home, and the cost is excessive compared to the property value. Mr. Wagner stated that his brother intends to have someone do the repairs. The building cannot be torn down and rebuilt without significant variances. He requested that the Adopted City Council Minutes May 4, 1999 Page 6 structure not be demolished until his brother gets an opportunity to address the situation. His brother has contacted the attorney general's office about the ownership situation. Councilmember Bildsoe noted that the original notice on the property was mailed a year ago. Mr. Wagner said that no one notified his brother of the problems until last fall. City Attorney Knutson stated that Council action to abate the hazardous building is only the beginning of a process. He said that City staff recommends that the owner be given every opportunity to repair the home, if a plan is proposed to address the situation anytime during the process. City Manager Johnson said that this agenda item was originally on the April 6 agenda and was delayed to this meeting to respect the request of the property owner. Councilmember Black asked about the potential use of the property if the building is ultimately demolished. Building Official Ryan said that notice to the fee owner of the property was made in August 1998, and staff has worked with the contract for deed holder of the property since 1997. The process was initiated by a complaint from a former renter concerning the property. He showed photographs of the building which documented deficiencies found in the inspection. He noted that the foundation is substandard with no frost footings. A full inspection of the dwelling was done and a determination made that the building condition met the statutory definition of a hazardous structure. The City informed the renter that they would have to vacate the property, and informed the fee owner to either make corrections or demolish the home within 30 days. Building Official Ryan stated he has spoken with the property owner only once by phone for a few minutes. One proposal to repair the structure has been submitted to staff. The cost for repairs was approximately $62,000, which exceeds the assessed valuation of the parcel. He said it is the City's preference that the property owner do the necessary repairs. The home is currently vacant and has been secured. Attorney Knutson said that adoption of the proposed resolution would authorize the City to begin the judicial process. Director Hurlburt stated the lot is less than 4,000 square feet. A new structure on the lot would require significant variances. The property could also be made available for purchase to one of the abutting property owners to enlarge their parcel. The City would prefer that the building be repaired and continue its status as a nonconforming structure. Councilmember Slavik said that the owner would still have an opportunity to demolish the structure or to obtain a building permit to do the necessary repairs. Adopted City Council Minutes May 4, 1999 Page 7 City Attorney Knutson said that if the Council orders demolition of the structure, it could take approximately 60 days until bid proposals for the demolition are requested by the City. Councilmember Johnson said while she appreciates that the homeowner is attempting to communicate with the City, this is a hazardous building. The property owner has been given adequate time to address the situation, and there will be additional time for the owner to act if the order is approved. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-213 APPROVING FILING OF A DEMOLITION ORDER FOR REMOVAL OF A HAZARDOUS BUILDING, amending the adoption date on the resolution to May 4. Councilmember Slavik supported the motion and clarified that this is a rental property which has been vacant for some time. Councilmember Johnson added that there are remedies for the problems which have occurred with regard to ownership and the contract for deed sales. Councilmember Bildsoe said the City became involved in this issue due to a complaint about the property, and the City is enforcing the state statute. Motion carried, six ayes. 8.1 Award Bids for the Plymouth Creek Center and Finalize of Project Budget Park Director Blank presented the bid tabulation on the Plymouth Creek Center project. He described the deduct and add alternates in the project bid, and he recommended a fmal project budget of $7.6 million. Staff recommends that none of the deduct alternates be deleted from the project, and that one add alternate be included for an additional sub -floor snow melting system near the outdoor entrance to the building in the amount of $14,000. He explained that AstroPlay is recommended, rather than AstroGrass, and no Tedlar coating is proposed for the dome. Project architect Del Erickson said the remaining add alternates total about $118,000. Park Director Blank stated that these may be recommended for addition to the project at a later date if no soil problems are encountered. He announced the groundbreaking ceremony will be held on the site at 5:30 p.m. on May 11. Motion was made by Councilmember Bildsoe, seconded by Councilmember Slavik, to adopt RESOLUTION 99-214 AWARDING BID FOR PLYMOUTH CREEK CENTER PROJECT. Motion carried, six ayes. Adopted City Council Minutes May 4, 1999 Page 8 Motion was made by Councilmember Bildsoe, seconded by Councilmember Slavik, to adopt RESOLUTION 99-215 AWARDING BID FOR FABRIC DOME. Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Slavik, to adopt RESOLUTION 99-216 AWARDING BID FOR ASTROPLY ARTIFICIAL TURF. Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Slavik, to adopt RESOLUTION 99-217 APPROVAL OF FINAL PROJECT BUDGET FOR PLYMOUTH CREEK CENTER, PROJECT 7021. Motion carried, six ayes. 8.2 Begin Oaks Enterprises (98184) Community Development Director Hurlburt presented the staff report on the request of Begin Oaks Enterprises for exemption from the Interim Ordinance temporarily prohibiting all zoning and subdivision approvals within the 2020 expansion area of Northwest Plymouth. Site plan and conditional use permit approvals are also requested to allow a 9 -hole golf course and driving range with related building and parking facilities for property located at 5525 Xenium Lane. This application was submitted to the City prior to the adoption of the interim ordinance, therefore, this would not set a precedence for receiving other requests. Director Hurlburt said the City's existing Comprehensive Plan shows Fernbrook Lane extending through the area near the proposed golf course. As part of the Plan update, the City is in the process of refining the Fernbrook Lane alignment between the CP Railway and County Road 47. This segment of Fernbrook Lane would include a bridge over the railroad tracks. She said the City's transportation consultant, SRF Consulting Group, has identified five basic alignment alternatives. The two easternmost alignments would affect the western edge of the golf course. The applicant has designed the golf course such that the City could select either of these alignment alternatives. In addition, the applicant has agreed to provide the necessary easements to ensure that the City could construct Fernbrook Lane under either of these alternatives, with the understanding that the City would vacate any portion of the easements not needed. Director Hurlburt said the City anticipates that the updated Comprehensive Plan will include a city trail around Mud Lake, but the proposed golf course does not show this trail. The eighth hole of the golf course is located in the area along the southern portion of Mud Lake. The applicant has agreed to work with City staff to try to determine if it would be feasible to establish a portion of the trail without compromising the operation of the golf course. She said that if the golf course is approved at this time, access to the site would be from Yucca Lane, which is a local street. Commercial traffic for the golf course would pass 13 single family homes that have a 25 -foot front yard setback. All these homes are located on the west side of Yucca Lane, with I- 494 lying to the east. The applicant favors this access which allows the active areas of the course to be visible from I-494. Staff and the Planning Commission recommend approval. Adopted City Council Minutes May 4, 1999 Page 9 Councilmember Bildsoe asked about the timing for determination of the Fernbrook Lane alignment. Director Hurlburt said that a report will be presented at the next meeting, and the Council will be asked to direct preparation of the environmental review documents. The Capital Improvement Program indicates that the bridge crossing could begin construction in 2000. Councilmember Harstad asked if the water tower location would impact this project. Director Hurlburt responded that the proposed water tower location is off the southwest corner of the site, and she doesn't believe there would be any impact on the site. Councilmember Johnson asked if the Council can attach conditions to the approval relating to the trail around Mud Lake. Director Hurlburt suggested that the City's trail plan should include a trail around Mud Lake. If the trail is unable to go in along with the golf course, the trail could be constructed in the future if the land use changes. There is a condition in the resolution that the applicant work with the City on this issue. She described the site and said the driving range will be parallel to I-494. Two dwellings would be removed, and 124 parking spaces are proposed. The clubhouse would be 2,400 square feet and of a residential character. The applicant plans to use a small lake on the property for irrigation. There is an existing barn that is nonconforming. The City cannot require that the building be removed, but staff is recommending conditions requiring that additional gutters be installed to improve drainage. Judy Begin, 5635 Vicksburg Lane, said this would be a privately -funded, public recreation area. She has been working with the staff on the transportation issues including the regional trail. Craig Sloan and David Nash were present to answer questions. James A. Koll, 5675 Yucca Lane, said he lives directly north of the property and believes the proposed plan will best meet the needs of the neighborhood. He feels that the Begins are willing to work with the City and abutting residents, and the project will benefit wildlife in the area. Mr. Koll said that drainage will improve on 57` Avenue, and traffic would be less than any other use on the parcel. The property would be available for use by the general public. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt ORDINANCE 99-13 AMENDING AN INTERIM ORDINANCE TEMPORARILY PROHIBITING THE ISSUANCE OF SUBDIVISION APPROVAL AND ZONING APPROVALS IN A DESIGNATED AREA IN NORTHWEST PLYMOUTH (98027), Adopted City Council Minutes May 4, 1999 Page 10 RESOLUTION 99-218 FINDING THAT THE PROPOSED BEGIN OAKS GOLF COURSE PROJECT SHOULD BE EXEMPT FROM THE INTERIM ORDINANCE TEMPORARILY PROHIBITING ALL ZONING AND SUBDIVISION APPROVALS WITHIN THE 2020 EXPANSION AREA OF NORTHWEST PLYMOUTH (98184) 98207), and RESOLUTION 99-219 APPROVING A SITE PLAN AND CONDITIONAL USE PERMIT FOR BEGIN OAKS ENTERPRISES FOR PROPERTY LOCATED SOUTH OF THE CAMELOT RESIDENTIAL NEIGHBORHOODS AND WEST OF I-494 (98184). Motion carried, six ayes. 8.3 Comprehensive Plan Vision Goal Statements Community Development Director Hurlburt introduced Charleen Zimmer, SRF Consulting. Ms. Zimmer reported on the meeting held on March 31 and presented the draft Comprehensive Plan Goals. She requested that the City Council accept the goal statements which will be used to move forward with the Comprehensive Plan Update. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to accept the report SRF Consulting Group on the results of the March 31, 1999 joint meeting with the Planning Commission, and to accept the draft Vision and Goal statements for the purpose of preparing the Comprehensive Plan Update. Councilmember Black noted that representatives from the City's various boards and commissions participated in this joint meeting along with residents. Councilmember Bildsoe said there will be additional opportunity for input in the Comprehensive Plan process. The Council requested that the Vision and Goal statements be shared via the newsletter and web site. Motion carried, six ayes. 8.4 (6.03) Request for Amusement License for Carnival Councilmember Slavik suggested that the hours proposed for the carnival in Four Seasons Mall, May 19-23, of 10 a.m. to 11 p.m. may be excessive because multi -family housing abuts the site. City Clerk Ahrens said that the requested hours are consistent with previous licenses at this location. Public Safety Director Gerdes noted that staff has no concerns with restricting the hours of operation. Adopted City Council Minutes May 4, 1999 Page 11 Motion was made by Councilmember Black, seconded by Councilmember Harstad, to adopt RESOLUTION 99-220 APPROVING 1999 AMUSEMENT LICENSE FOR GOPHER STATE EXPOSITIONS INC., restricting the hours on May 19, 20, and 23 from 10 a.m. to 10 p.m., and on May 21 and 22 from 10 a.m. to 11 p.m. Motion carried: five ayes; Johnson nay. Councilmember Johnson said she would have preferred a consistent 10:30 p.m. closing for all five nights of the event. 9.1 Legislative Update City Manager Johnson provided a brief legislative update. Councilmember Harstad suggested that the City explore the concept that the State requirement that cities pay sales tax could be a violation of the intent of the Truth in Taxation laws and consider whether there are grounds to pursue a legal remedy along with a larger body of governmental entities. Councilmember Johnson said this could be considered, but it may be more effective that taxpayers contact their legislators on the issue. City Manager Johnson said that not all bad policies are illegal or unconstitutional. The legislature has broad discretion to impose requirements on other governmental units. Mayor Tierney suggested that the issue be considered for greater action by the LMC, AMM, and MLC. Motion was made by Councilmember Slavik, seconded by Councilmember Bildsoe, to adjourn the meeting. Motion failed: Slavik and Black ayes; Johnson, Harstad, Bildsoe, and Tierney nays. Councilmember Harstad noted that Plymouth placed first in a recent survey conducted by the City of Minnetonka, and the Wayzata School District has high test results. He suggested that legislators consider these results if they believe the cities and schools are not doing well at the local level. Motion was made by Councilmember Harstad, seconded by Councilmember Bildsoe, to adjourn the meeting at 9:35 p.m. Motion carried, six ayes. p Ci Clerk