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HomeMy WebLinkAboutCity Council Minutes 02-27-2007Adopted Minutes Regular Council Meeting February 27, 2007 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 February 27, 2007. COUNCIL PRESENT: Mayor Slavik, Councilmembers Willis, Hewitt, Bildsoe, Stein, and Murdock. ABSENT: Councilmember Black. STAFF PRESENT: City Manager A uens, Deputy Chief Fra lz, City Attorney Jamiiik, Park and Recreation Director Blank, Fire Chief Kline, City Engineer Moberg, Senior Planner Drill, Community Development Director Juetten, Administrative Services Manager McGann, and City Clerk Engdahl. Plymouth Forum Wally Charles, 3158 East Medicine Lake Boulevard, read an inspiration poem. Presentations and Public Information Announcements 4.01) Oaths of Office to Firefighters Any Etzel, Greg Jurek, Jesse Lanik, Lisa Lindquist, Todd Messer, Walt Messer, Aaron Morris, and Mike Smith City Clerk Engdahl administered the oaths of office to Firefighters Etzel, Jurek, Lanik, Lindquist, Messer, Morris, and Smith. Councilmember Bildsoe thanked the Police Reserves for their annual report. Approval of Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to approve the agenda. With all members voting in favor, the motion carried. Consent Agenda Item No's. 6.07 and 6.04 were removed from the Consent Agenda and placed under General Business as item No's. 8.5 and 8.05 respectively. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Hewitt, to adopt the amended Consent Agenda that included the followingitems: Adopted Council Minutes Regular Meeting of February 27, 2007 Page 2 of 7 . 6.01) Minutes from the Special Council/Planning Meeting of February 8, and Special and Regular Meetings of February 13. 6.02) Resolution Approving Disbursements for the Period Ending February 16, 2007 (Res2007- 081). 6.03) Resolution Approving a Conditional Use Permit for CVS Pharmacy for Property located at 4140 County Road 101 (2006122 — Res2007-082). 6.04) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.05). 6.05) Accept Park and Recreation Advisory Committee's 2006 Annual Report and 2007 Work Plan. 6.06) Resolution Approving Acquisition Agreement for Parcel No. 20 (PIN 22-118-22-33- 0014) for Fernbrook Lane Improvements (10 13 — Res2007-083). 6.07) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.5). 6.08) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for 2007 Sanitary Sewer Lining Project (7106 — Res2007-084). 6.09) Resolution Approving Encroachment Agreement for Allowing Retaining Walls to Occupy a Drainage and Utility Easement at 5625 Glacier Lane (Res2007-085). 6.10) Resolution Approving Agreement with Minnesota Department of Transportation and Union Pacific Railroad for West Medicine Lake Drive Railroad Crossing Improvements (7122 — Res2007-086). 6.11) Resolution Authorizing the Purchase of One New Current Model Toro Mower (Res2007- 087). 6.12) Resolution Approving Hot Mix Asphalt Bids for 2007 (Res2007-088). Regarding item No. 6.08, Councilmember Bildsoe requested that the residents be notified earlier than 24 hours before the project begins. Motion carried to approve the Consent Agenda. Public Hearings 7.1) Wine and 3.2 On Sale Liquor Applications from LeAnn Inc., d/b/a Chin's Asia Fresh, Adopted Council Minutes Regular Meeting of February 27,.2007 Page 3 of 7 3235 Vicksburg Lane North City Clerk Engdahl reported on the change of ownership for the Wine and 3.2 On Sale Malt Liquor licenses for LeAnn Inc., d/b/a Chin's Asia Fresh, 3235 Vicksburg Lane. 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 Bildsoe, and seconded by Councilmember Hewitt, to adopt a Resolution Approving Change of Ownership for LeAnn Chin, Inc. for Wine and 3.2 On Sale Malt Liquor Licenses (Res2007-089). With all members voting in favor, the motion carried. 7,2) Tobacco Compliance Check Violation for Essex Court Gift Shop, 505 Highway 169 City Manager Ahrens reported that the licensee is out of town; therefore, she suggested that the hearing be continued to March 13. Mayor Slavik opened the public hearing, and she continued the hearing to March 13. General Business 8.05) Home Occupation License for Juan and Maribel Becerra for Property located at 14506 County Road 6 (2002106) Mayor Slavik and Councilmember Bildsoe voiced their concerns on the use of this residential property for a business. Their concerns were related to the number of vehicles, employees coming and going, noise, storing cleaning products on site, and too large of a business in a residential neighborhood. Maribel Becerra, applicant, explained she is the only one at the home during the day, and she is responsible for the clerical functions of the business. Their business is performed at other properties, so there are no customers that come to the home. She submitted all the safety forms for the cleaning products, and they were approved. The cleaning products are typical products that a homeowner would use. Two of their vehicles are parked in the garage, and usually, only her car is parked in the driveway. Motion was made by Councilmember Stein, and seconded by Councilmember Hewitt, to adopt a Resolution Approving a Home Occupation License for Juan and Maribel Becerra for Property located at 14506 County Road 6 (2006106 — Res2007-090). With all members voting in favor but Murdock and Slavik, the motion carried. 8.1) 2007 Street Reconstruction Project (7101- west end of Hawthorne Ponds improvement project) Adopted Council Minutes Regular Meeting of February 27, 2007 Page 4 of 7 City Engineer Moberg discussed the impact of inflation on special assessments, City standards for City -improvements, and the petition received from the neighborhood requesting a mill and overlay project (some areas would need subgrade repair and patching, and curb and gutter could be constructed only where needed). Staff doesn't recommend a mill and overlay project as being petitioned, as that would only last five years. Mayor Slavik added that the subsoils need to be replaced that extends the life of the road. Jane Kay, 415 Queensland Lane, stated she supports the project, but requested the Council to review the interest rate. Alice Reynolds, 18075 3rd Avenue North, stated she also supports the project, but she requested that the payment schedule coincide with 'the 'life of the road. Jennifer Martin, 17910 Queensland Court, discussed the petition that City Engineer Moberg referred to. Dennis Bilski, 18910 30th, who owns the lot at 440 Queensland, asked why the properties on 6th Avenue aren't being assessed as they are receiving a benefit from the project. City Engineer Moberg replied they aren't being assessed because their street isn't part of the project. Senior Planner Drill stated that 6th Avenue was reconstructed approximately six years ago. Mayor Slavik added that those residents paid 100% of the cost of their road, not 40% which is being assessed for this project. She stated the length of time for the assessment period as well as the assessment rate would be reviewed and discussed by the Council and staff prior to the assessment hearing. Larry Aubuchon, 17930 Queensland Court, asked if there is a policy for including sidewalks for street projects. City Engineer Moberg replied with new developments, there are sidewalks. However, with street reconstruction projects, sidewalks aren't included unless there is support from the property owners. If that would be the case, 100% of the cost would be assessed to adjoining properties. Tom Karkela, 17910 2" a Avenue North, stated the City should covering the cost of relocating utilities that are currently in residents' yards. Motion was made by Councilmember Willis, and seconded by Councilmember Stein, to adopt a Resolution Ordering Improvement and Preparation of Plans and Specifications for 2007 Street Reconstruction Project No. 7101, the West Portion of Hawthorne Ponds (Res2007-090). With all members voting in favor, the motion carried. The Council noted a few areas that should be reviewed further, including the interest rates for special assessments and the length of the payoff time for special assessments. 8.2) Planned Unit Development Amendment and Preliminary Plat to allow construction of a Five -Story, 165,500 square foot Office Building for the Commercial/Office Property located north of Highway 55, east of South Shore Drive and west of Revere Lane. Finn Adopted Council Minutes Regular Meeting of February 27, 2007 Page 5 of 7 Daniels Architects. (2006111) Senior Planner Drill presented the report on this request. He noted that since the Planning Commission hearing, the developer has added the planting of 14-10 foot evergreen trees on the north side of property to assist with screening the property from the residential property to the north. City Engineer Moberg discussed the traffic studies that were conducted on Revere Lane and 6th Avenue, the alignment of 6th Avenue, and securing funding from the developer for adding an additional turn lane at the Holiday Station. John Allen, 321 1St Avenue North, developer, requested the Council's support for this project. Brian Mark, 1820 Berkshire Lane North, voiced his support for the project. Alicia Perez, 957 Trenton Lane, requested that the building be limited to a three story office building rather than five stories. She discussed her concerns relative to increased traffic in the area, how that increase in traffic volume would affect 8th Avenue, proposed curvature of the 6th Avenue roadway, the need for additional screening and/or berming for the parking ramp and lights, and removal of the asbestos on the site. Thomas Lelich, 3090 Quinwood Lane North, requested support of the project, which would be the highest and best use of the site. He noted the tax revenue that would be generated from this site, the number of employees, and it would be a major structure when one enters Plymouth. Annie Kaye, 906 Trenton Lane North, supports the project but is concerned about the wetland mitigation and increased traffic in the area. Paulette Crohn, 10205 27th Avenue North, and Amie Crohn, 10522 8th Avenue North, presented a petition to the Council from their development and senior assisted development who are opposed to the development. Their concerns involve the size of the building, as they were under the impression that it would be a smaller footprint and two stories less, the increased traffic in the area (also noted that the Highway 55 and Revere Lane intersection is one of the highest accident intersections in the City), and the need for additional screening on the property as the evergreens would have little impact in screening this development from the residential developments. Jim Small, 1172 Trenton Circle North, voiced his concerns regarding additional traffic in the area. Karrie Petersen, 953 Trenton Lane, stated she's opposed to the size and scope of the project, the close proximity of the building to the residential development, additional traffic in the area and how to control that, a higher berm to screen the parking ramp and lights from their homes, the type of glass on the building so it doesn't glare on their homes, and the type of light shields and dimming of lights in the evening. She suggested rather than extending 6th Avenue to address the traffic from this site, 10th Avenue should be used instead. Mark Finneman, architect, stated there would be approximately 425 feet from the building to the nearest residential property. The type of glass on the building would have very little glare on the Adopted Council Minutes Regular Meeting of February 27, 2007 Page 6 of 7 adjacent properties. Staff stated presently, there is no traffic control signal/stop sign planned at 6th Avenue/8th Avenue. There isn't adequate space for berming on this site due to the wetlands and the need for. a 3:1 slope. Gretchen Theis, 10518 8th Avenue, suggested that there be a cul-de-sac at 0 Avenue to keep the residential area separate from the commercial area. A stop sign on 8th Avenue would make it difficult for the residents to back out of their driveways. City Engineer Moberg stated right-of- way would need to be obtained to cul-de-sac 8th Avenue; however, staff could review that suggestion. The majority of the Council appeared to support the project even though the size of the building had increased. They noted that a commercial use could be less intrusive to a neighborhood versus a retail use as there wouldn't be very little traffic from the site in the evenings and on the weekends. However, they noted they shared the same concerns as the adjacent residents, which included increased traffic in the area, access to the site via 6th Avenue (developer acquiring property to accommodate left turn lane), the removal of the asbestos on site, and providing additional screening on the site. The Council also seemed very interested in further reviewing the suggestion to cul-de-sac 8th Avenue. Mr. Allen suggested that this item be tabled, and he would submit a written request to extend the review date. He voiced his confidence in the success of this development and his substantial investment as well as working with staff for over a year on this project. He stated they have been straddled with possibly acquiring property for a left turn lane, removal of the hazardous material, and additional berming/screening. He suggested that the City consider a Tax Increment Financing (TIF) district to assist with the soil corrections. He noted that even with a residential development on this site, there would be additional traffic in the area. He stressed reducing the size of the building wouldn't be feasible, unless the City would consider a TIF district to assist with the soil corrections. Motion was made by Councilmember Stein, and seconded by Councilmember Stein, to table this item to a date uncertain. With all members voting in favor, the motion carried.. 8.3) 2006 Annual Report and 2007 Work Plan for the Environmental Quality Committee Mayor Slavik stated she has a few concerns regarding the work plan, but since Councilmember Black isn't present this evening, she tabled this item, without objection, to the March 13 meeting. 8.4) Appointment to Transportation Alliance Motion was made by Councilmember Bildsoe, and seconded by Councilmember Stein, to appoint Councilmember Hewitt to the Transportation Alliance. With all members voting in favor, the motion carried. 8.5) Preliminary Engineering Report and Calling for Hearing on Improvements for Adopted Council Minutes Regular Meeting of February 27, 2007 Page 7 of 7 Fernbrook Lane Improvements for Fernbrook Lane Improvements Project for 27th Avenue to 34th Avenue (1013) Motion was made by Mayor Slavik, and seconded by Councilmember Hewitt, to adopt a Resolution Receiving Preliminary Engineering Report and Calling for Hearing (April 10 Avenue (1013 — Res2007-092 With all members voting in favor, the motion carried. Reports and Staff Recommendations 9.1.1) Resolution Requesting Comprehensive Road and Transit Funding in 2007 Motion was made by Councilmember Willis, and seconded by Mayor Slavik to adopt a Resolution Requesting Comprehensive Road and Transit Funding in 2007 (Res2007-093). With all members voting in favor, the motion carried. Terry Cheng, Chair of the Plymouth Advisory Committee on Transit, thanked the Council for their support. 9.1.2) Support of Legislation relating to court civil penalties for tobacco sales violation Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to support the proposed legislation. With all members voting in favor, the motion carried. 9.1.3) Resolution Opposing Legislative Proposals that Remove or Change Cable Television Authority of Local Government from Chapter 238 of Minnesota Law Motion was made by Councilmember Willis, and seconded by Councilmember Hewitt, to adopt a Resolution Stating Opposition to Legislative Proposals that Remove or Change Cable Television Authority of Local Government from Chapter 238 of Minnesota State Law (Res2007- 094). With all members voting in favor, the motion carried. 9.2) Set Future Study Sessions The Council set Study Sessions on March 13 at 6:00 p.m. to discuss the park referendum and use of funds, and March 20 at 6:00 p.m. to discuss the Land Use Plan. Adiournment Mayor Slavik adjourned the meeting at approx' ately 11:35 p.m. j 'Sandra R. Engdahl, Ca Clerk