HomeMy WebLinkAboutCity Council Minutes 06-08-2010Adopted Minutes
Regular Council Meeting
June 8, 2010
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 June 8, 2010.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Murdock, Bildsoe, Johnson, Black, and
Stein.
ABSENT: Councilmember Willis.
STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Park Director Blank, Fire
Deputy Chief Dreelan, Community Development Director Juetten, Police Chief Goldstein, Public
Works Director Cote, Communications Manager LaFave, Information Technology Manager
Anderson, and Deputy City Clerk Tiegs-Roussell.
Plymouth Forum
Dave Burkett, 2430 Black Oak Lane, thanked the fire and police departments for their quick
response to a recent lightning strike to his home.
Presentations and Public Information Announcements
4.01) County Commissioner Jeff Johnson
County Commissioner Johnson provided an update on Hennepin County's budget, the Hennepin
County Medical Center, and the status of the Highway 101 reconstruction.
4.02) 5K Run on June 26 and Music in Plymouth on June 30
Plymouth Civic League members Chris St. Martin discussed this year's Music in Plymouth on
June 30. He thanked the City for the monetary contribution and staff's assistance. Mele Willis
reported on the 5K run on June 26.
Mayor Slavik thanked the Plymouth Civic League for their hard work to present such an
excellent community event.
4.03) City's New Website
Communications Manager LaFave and Information Technology Manager Anderson
Adopted Minutes 1 of 7 Regular Meeting of June 8, 2010
presented a preview of the new City website that was officially launched on June 3. They
explained the new website was developed to visually showcase the community, provide easier
navigation, and accommodate the different types of users. Mobile devices can be used to access
the site using a slightly different format to accommodate different devices. Social media
interaction using Facebook, MySpace and Twitter are also ways to share information about the
City. The program Content Management System (CMS) allows staff to create and maintain the
content of the information presented on the website eliminating the need for an extra employee
to maintain the site. Also, hardware efficiencies will lower the costs of the website. They
thanked the Council and members of staff for their support with this project.
Approval of Agenda
Mayor Slavik added approval of Final Plat for "Fretham Sixth Addition" for two single-family
lots for property located at 1900 East Medicine Lake Boulevard (2006121-F) as item No. 6.07
under the Consent Agenda.
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
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt
the amended Consent Agenda that included the followingitems: tems:
6.01) Approval of Special and Regular Meeting minutes of May 25.
6.02) Resolution Approving Disbursements ending May 29, 2010 (Res2010-146).
6.03) Approval of request for out of area travel for Councilmembers Johnson and Willis.
6.04) Resolution Approving Payment No. 9 and Final for Well No. 16 Pumping Facility (7114
Res2010-147).
6.05) Acceptance of Risk Management Plan.
6.06) Resolution Authorizing an Expenditure from the resource planning fund for police
equipment (Res2010-148).
6.07) Resolution Approving a Final Plat for "Fretham Sixth Addition" for Two Single -Family
Lots for Property located at 1900 East Medicine Lake Boulevard (2006121-F — Res2010-149).
With all members voting in favor, the motion carried.
Adopted Minutes 2 of 7 Regular Meeting of June 8, 2010
Public Hearings
There were no public hearings.
General Business
8.1) Direction on Possible Acceptance of a Donation for Outlot A, Heritage Wood Estates
Addition
Community Development Director Juetten reported on a request to gift the Heritage Woods
Estates (HWE) Second Addition Outlot A to the City. Staff was directed to review and consider
the possible acceptance of a donation with or without restrictions, in exchange for individual gift
letters for tax purposes to each Heritage Woods Estates Second Addition homeowner. The 3.07
acres was planned in 1988 to create open space because 56 of the 61 lots in the addition
contained less than 18,500 square feet. Due to a new zoning ordinance in 1996, most of the
PUDs in the City were rezoned to conventional zoning districts including Heritage Woods
Estates 2"d Addition. The rezoning currently allows single-family lots with a minimum of 12,500
square feet. The neighborhood concern is the possible development of the open space. The
Heritage Woods Estates Homeowners Association (HOA) would like the area to remain open
space. Currently the HOA maintains the land, which is valued at $23,000, and has a small trail
and pad area for a tot lot. A list of proposed restrictions included no parking or storing of
equipment even in the event of construction, no materials or vehicles could stage on the property
and no structures can be built at the site. The City would be required to take on the property
maintenance. This is a neighborhood area and not conducive as a citywide park area. Staff
recommends not proceeding with the deed because it is of no value to the City in relation to the
Comprehensive Improvement Plan and development of the City park system.
Councilmember Bildsoe inquired about staging equipment during future construction. Public
Works Director Cote responded in some instances the parcel could be useful for construction
storage. However, one of the listed restrictions is absolutely no storage on the parcel should the
City take it over. The HOA restrictions were developed to accommodate the residents' desires,
and they stand firm. He stated that currently, the City is reviewing parcels that are City owned to
determine why the City has ownership, and if they are relative to the CIP.
Steve Tellers, 5620 Vinewood Lane North, member and President of the HOA, spoke to the
Council to promote the gifting of the property. He thanked Community Development Director
Juetten and Coimeilmember Black for all their efforts in exploring the option to keep the parcel
as open space.
Mayor Slavik and Councilmembers Bildsoe and Stein expressed concerns that gifting of property
designed as an amenity for the homeowners in the development could set a precedence. Open
space does add value to the surrounding properties that are maintained by the HOA. There are no
real estate taxes assessed to the parcel which leaves only the weed and grass maintenance.
Adopted Minutes 3 of 7 Regular Meeting of June 8, 2010
Councilmember Johnson cautioned and Councilmember Bildsoe agreed, that as owners of the
property, the HOA controls the destiny. The HOA should ponder the repercussions of gifting and
the theoretical debate of allowing outsiders to enjoy the area.
Councilmember Stein stated that with a little bit of neighborhood effort, prairie grasses and wild
flowers could be planted for the residents enjoyment and maintain this as a quiet natural park
area.
Councilmember Black stated there is value in the parcel, but did agree there will not be the
control of happenings once it becomes public. She reminded the Council that the zoning
ordinance change is what prompted this issue.
Councilmember Johnson agreed that zoning changed, but it doesn't require the people that own
the land to develop it. Mayor Slavik and Councilmember Black reiterated that by setting this
precedence, there could be other HOA's that desire the City to maintain their open space parcels.
Councilmember Bildsoe proposed that HOA revisit the restrictions on the parcel and then discuss
this with the Council at a later date. He stated the parcel could be divided among abutting
parcels and dissolve the HOA. He requested that Mr. Tellers contact Community Development
Director Juetten in the event this issue comes forward again.
Mayor Slavik thanked Mr. Tellers and stated that she hoped this could work, but staff identified
that it was not a prime piece of open space and beneficial to the park system.
8.2) PUD Amendment for Community Family and Children Center at 1605 County Road
101 (2010032)
Community Development Director Juetten reported on the request by Interfaith Outreach and
Community Partners (IOCP) for a PUD General Plan Amendment at 1605 County Road 101 to
relocate the services. He stated the facility would provide an area for food, clothing, and
furniture sales. To operate in such a manner, an amendment is required. The Planning
Commission reviewed the application request. Several building improvements needed which are
minor cosmetics, adding new wall signs, parking lot improvement to remove weeds and sealing
cracks, additional light on building and shields on residential side to reduce glare to the west of
the building. Lights should be turned off on north side at 10:00 p.m. or when facility closes
which ever is earlier. Landscaping will help screen the parking lot. The trash area on SW portion
of the property needs to be an enclosed area to house the dumpster. The hours of operation are
Monday through Friday 8 a.m. to 8 p.m. Saturday 10:00 a.m. to 7:00 p.m. and Sunday 10:00 a.m.
to 5:00 p.m. The Planning Commission's concerns were the drop off of used items, the control
traffic flow, and how to prevent drop-offs from accumulating when not open. IOCP has held
meetings with the area residents. The residents' comments and emails are recommending
approval of the request.
Steve Boll, representing the applicant, stated the IOCP has been in operation for 30 years. They
have outgrown the Wayzata space and the proposed location will improve services and grow to
Adopted Minutes 4 of 7 Regular Meeting of June 8, 2010
meet community needs. They met with the area residents in the planning process and alleviated
their concerns.
Bob Burns, 18410 291h Avenue North, stated he is a supporter and volunteer of this facility. This
would be a great enhancement for the community and the work that the IOCP does.
LaDonna Hoy, 146 Ridgeview Drive, Wayzata, stated that IOCP began as a church sponsored
outreach project, which grew with partners in the community. This helps families get into the
mainstream by assisting with housing, transportation and employment. Because of the outreach
growth, the proposed location would be a wonderful option and will help to make a lasting
change for families in crisis.
Community Development Director Juetten noted that a revised resolution proposed by
Councilmember Willis that included language regarding a fitness facility was provided to the
Council this evening.
Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adopt a
Resolution Approving a PUD Amendment to Allow Additional Uses for Property Located at
1605 County Road 101 (2010032 — Res2010-151) — the original Resolution included in the
packet materials.
Councilmernber Johnson requested clarification with spelling out IOCP and leave in language of
sports facility.
Councilmember Bildsoe questioned the proposal regarding Hennepin County staff using the
facility. Mr. Boll stated different organizations work with the IOCP, several provide pro bono
services, and Hennepin County would be providing administrative services.
Councilmember Bildsoe asked if there are cameras proposed for the outside area. Mr. Boll
replied cameras would be considered as well as what the traffic impact would be. The food
clients are the same as the Wayzata location which currently is approximately 100 people per
week The recycle shop will create traffic, but use will still be considerably less than a grocery
store. The drop-off site person in charge has been able to put together a spreadsheet that explains
and resolves issues of traffic flow and procedure.
The Council requested that IOCP provides an operational report to them by September 2010,
which would address limited hours for drop off and purchasing.
Councilmember Johnson stated previous PUD plans were not authorized until the final plat
application was submitted and questioned if staff is concerned in not having all the information
up front. Mr. Boss stated they are looking for approval of uses. IOCP intends that this be a
positive change for the area with a facility that looks well, fimctions well, and is a positive
attribute to the area.
Adopted Minutes 5 of 7 Regular Meeting of June 8, 2010
Councilmember Murdock stated that following the Planning Commission meeting, IOCP has
addressed resident concerns. She stated this is a good concept, and she supports the resolution.
Mayor Slavik does not want drop-offs accepted without staff present and no outdoor storage of
items. She requested adding a condition to the resolution that the times for clothing and food
sales are prohibited between the hours of 10 p.m. and 7 a.m. Councilmember Johnson also spoke
to the issue of outside sales and fundraisers to confirm that this is permitted under the current
zoning. Councilmember Bildsoe and Community Development Director Juetten stated that this
is covered in the zoning.
Motion was made by Mayor Slavik, and seconded by Councilmember Bildsoe to amend the
main motion to also adopt an Ordinance Amending Chapter 21 of the City Code to Amend the
Gold's Gym PUD for Property located at 1605 County Road 101 (2010032 — Ord2010-06) with
the addition of Subd. 5 to state "distribution or sale of food, clothing furniture and other items
and delivery or dropping off food, clothing, furniture, and other items is prohibited between the
hours of 10 p.m. and 8 a.m.," and a Resolution Approving Findings of Fact for Amending the
Zoning Ordinance Text for the Gold's Gym PUD to allow Additional Uses into the PUD, for
Property located at 1605 County Road 101 (2010032 — Res2010-150).
Councilmembers Black and Johnson stated the hours of operation will not impact traffic
congestion in comparison to the previous business and the time limitations should not be stated
in the resolution. Mayor Slavik added she doesn't want traffic congestion to become an issue
considering the elementary school is located across the street. The area is very busy in the
morning hours.
The Council voted on the amendment, and with Bildsoe, Johnson, Stein, and Slavik voting yes,
and Black and Murdock no, the motion carried. The Council voted on the amended main motion
and with all members voting in favor, the motion carried.
Reports and Staff Recommendations
9.1) Appointment to Shingle Creek Watershed Management Commission
Motion was made by Councilmember Black, and seconded by Councilmember Stein, to appoint
Andy Polzin as the Alternate Director on the Shingle Creek Watershed Management Commission
for a term to expire January 31, 2011. With all members voting in favor, the motion carried.
Closed Executive Session
Mayor Slavik adjourned the Regular Meeting at 9:50 p.m. and went into Executive Session at
9:55 p.m. in the Medicine Lake Room to discuss litigation. All Councilmembers were present
with the exception of Councilmember Willis. City Attorney Knutson, City Manager Ahrens, and
Adopted Minutes 6 of 7 Regular Meeting of June 8, 2010
Deputy City Clerk Tiegs-Roussell were also present. The Executive Session was adjourned at
10:00 P.M.
Reconvene Regular Meeting
The Regular Meeting was reconvened at 10:01 p.m. to act on the recommendation of City
Attorney Knutson to settle the Stipulation of Settlement with M. Wallace Charles and Vivian D.
Charles, Court File No. 27 -CV -10-7348.
Motion was made by Mayor Slavik, and seconded by Councilmember Johnson to authorize the
City Attorney to sign and accept the Stipulation of Settlement with M Wallace Charles and
Vivian D. Charles, Court File No. 27 -CV -10-7348. With all members voting in favor, the motion
carried.
Adiournment
Mayor Slavik adjourned the meeting at 10:03
Tiegs-Ru6ssell,beputy City Clerk
Adopted Minutes 7 of 7 Regular Meeting of June 8, 2010