HomeMy WebLinkAboutCity Council Minutes 04-24-2007Adopted Minutes
Regular Council Meeting
April 24, 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 April 24, 2007.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Hewitt, Stein, Black, Murdock, Bildsoe,
and Willis.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, Police Chief Goldstein, City Attorney Knutson, Park
and Recreation Director Blank, Fire Chief Kline, Community Development Director Juetten,
City Forester Buck, Senior Coordinator Mittelstaedt, Administrative Services Director McGann,
and City Clerk Engdahl.
Plymouth Forum
Nancy Mack, 10140 26th Avenue North, addressed the Council regarding a residential building
project (addition to a home) that began in 2004 and hasn't been completed. She stated she is
frustrated with the dumpster in the front yard, erosion fences, dirt flowing directly into Medicine
Lake, noise, and the view from her home. She stated deck permits were issued in 2005, and they.
are not finished.
City Manager Ahrens stated the housing inspector has been dealing with external building issues
over the past year. She stated since the provisions relating to building permits are according to
the State Building Code, as long as there is some continuous work being performed, the permit is
active. The City has taken enforcement action on the landscaping, and that should be completed
by May 15. She noted that there are three other similar properties in the City that are identical to
this situation. City Attorney Knutson .added that this is a common issue with cities, and various
cities have requested amendments to the State Building Code to address these situations, but no
amendments have been made. The Council directed staff to send a letter to the State on possible
amendments to the State Building Code to address these types of situations.
Presentations and Public Information Announcements
4.01) Donation from the Wayzata Youth Hockey Association for Third Sheet of Ice
Greg Gibson, and players from the Wayzata Hockey Association, presented a check in the
amount of $50,000 to the City for the third sheet of ice.
4.02) Proclamation Declaring April 28 as "The Great Shingle Creek Watershed Cleanup
Day"
Adopted Council Minutes
Regular Meeting of April 24, 2007
Page 2 of 8
Mayor Slavik declared April 28 at "The Great Shingle Creek Watershed Cleanup Day."
4.03) Presentation by Senior Council
Gene Kuehn presented the 2006 annual report of the Senior Council and provided a check in
approximate amount of $400 to the City.
4.04) Proclamation Declaring May 16 as "Arbor Week"
City Forester Buck, along with. two student representatives from Pilgrim Lane Elementary,
discussed the Arbor Day project at their school. Mayor Slavik declared May 15 as "Arbor
Week."
Approval of Agenda
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Stein, to
approve theagenda. With all members voting in favor, the motion carried.
Consent Agenda
Item No's. 6.16 and 6.19 were removed from the Consent Agenda and placed under General
Business as item No's. 8.00 and 8.04 respectively.
Motion was made by Councilmember Bildsoe and seconded by Councilmember Hewitt, to adopt
the amended Consent Agenda that included the followingitems: ems:
6.01) Minutes from the April 10 Board of Appeal and Equalization and Regular Meeting of
April 10.
6.02) Resolution Approving Disbursements for the Period Ending April 14, 2007 (Res2007-
173).
6.03) Resolution Approving a Conditional Use Permit for John Staby to allow an Attached
Garage Containing Over 1,000 square feet for Property located at 5615 Glacier Lane North
2007015 — Res2007-174).
6.04) Resolution Authorizing the Mayor and City Manager to enter into a Contract Agreement
with the Robbinsdale Independent School District No. 281 to provide School Resource Officer
Services (Res2007-175).
6.05) Resolution Approving a Variance to allow a 20 -foot Rear Yard Setback where 25 feet is
required for the Construction of an Approximately 118 square foot Room Addition for Property
located at 15655 40th Avenue North (2007032 — Res2007-176).
Adopted Council Minutes
Regular Meeting of April 24, 2007
Page 3 of 8
6.06) Resolution Authorizing Condemnation Proceedings for County Road 61/47 Intersection
Improvement (6108 - Res2007-177).
6.07) Resolution Approving Construction Cooperative Agreement for Intersection
Improvement Project, County Road 61/47 (6108 - Res2007-178).
6.08) Resolution Awarding Contract for 2007 Sanitary Sewer Lining Project (7106 - Res2007-
179).
6.09) Resolution Awarding Bid for 2007 Crack Repair Program (7118E - Res2007-180).
6.10.1) Resolution Receiving Engineering Proposals and Designating the Engineer for 2008
Comprehensive Pan — Transportation Element (7120 — Res2007-181).
6.10.2) Resolution Receiving Engineering Proposals and Designating the Engineer for 2008
Comprehensive Plan for Water Supply and Distribution Plan and Wastewater Plan Elements
7121—Res2007-182).
6.11) Resolution Approving State of Minnesota Agency Agreement between Department of
Transportation and City of Plymouth for Operation of Five Traffic Signals on Vicksburg Lane at
32"d Avenue, 35th Avenue, and 36th. Avenue and on Fernbrook Lane at 27th Avenue and Harbor
Lane (1013 - Res2007-183).
6.12) Resolution Awarding Contract for 2007 Temporary Overlay Project (7123 — Res2007-
184).
6.13.1) Resolution Approving Final Release of Financial Guarantee for Sandpiper Ponds
Addition (97089 - Res2007-185).
6.13.2) Resolution Approving Final Release of Financial Guarantee for Plum Tree East 5th
Addition (20084 - Res2007-186).
6.13.3) Resolution Approving Final Release of Financial Guarantee for Plum Tree East 6th
Addition (2001015 - Res2007-187).
6.13.4) Resolution Approving Final Release of Financial Guarantee for Plum Tree East 8th
Addition (2002032 - Res2007-188).
6.14) Resolution Approving Termination of Water Quality Pond Maintenance Agreement for
Bass Creek Business Park Addition (90080 — Res2007-189).
6.15) Resolution Approving Encroachment Agreement for Structures within the Fields of
Nanterre Development (Res2007-190).
6.16) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.00).
Adopted Council Minutes
Regular Meeting of April 24, 2007
Page 4 of 8
6.17) Ordinance Amending Chapter 20 of the Plymouth City Code Concerning Shade Tree
Disease Control (Ord2007-08).
6.18) Resolution Approving Renewal of Lawful Gambling License of Plymouth Lions Club,
Inc. (Res2007-191).
6.19) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.04).
6.20) Resolution Repealing Various Policies (Res2007-192).
71) ReSoliitinn Annrm7ing -Change Order No. 7 and No. 8 for Ply mith Metrnlinlr Ctntinn 73
Transit Facility (3125 — Res2007-193) and a Resolution Approving Project Budget Amendment
for Plymouth Metrolink Station 73 Transit Facility (3125 — Res2007-203).
6.22) Resolution Approving Acquisition Agreement for Parcel No. 11 (PIN 22-118-22-23-0016
and 00 17) for Fernbrook Lane Improvements (10 13 — Res2007-194).
6.23) Resolution Approving Amended Development Contract for Plymouth Crossroads Station
Res2007-195).
Motion carried to approve the Consent Agenda.
Public Hearings
7.01) 3.2 On -Sale Liquor License for Uncle Franky's,10160 6th Avenue North
City Clerk Engdahl reported on the request of L.E.N.J., LLC, d/b/a Uncle Franky's, 10160 6th
Avenue North, for 3.2 On Sale Liquor License.
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
North (Res2007-196). With all members voting in favor, the motion carried.
7.02) Vacation of 31St Avenue as Platted within Mapledell 1St Addition
Public Works Director Cote reported on the proposed Vacation. He noted an alternative
Resolution to delete reference made to a future trail easement.
Adopted Council Minutes
Regular Meeting of April 24, 2007
Page 5 of 8
Mayor Slavik opened the public hearing for testimony.
Robert Tribbenbach, 16520 30th Avenue North, requested that the easement be vacated for
security of his property.
Bev Moos, 16540 30th Avenue North, stated she didn't know that the 25 foot trail aspect was
originally included with this Vacation request, and there is no trail in the vicinity and no notation
in the Comprehensive Plan for a trail. She suggested there be a trail on the 33 acres that the City
owns.
There being no one else wishing to appear before the Council to give testimony, Mayor Slavik
declared the public hearing closed.
No action was taken at this time, and this item was discussed under item No. 8.01.
General Business
8.00) Contamination Cleanup Grant Applications with Metropolitan Council,
Department of Employee and Economic Development, and Hennepin County for Bassett
Creek Office Centre
Aaron Crohn 10205 27th Avenue North, stated the developer should be responsible for the entire
clean up costs of this site rather than utilizing grant funds.
City Manager Ahrens stated the contamination on this site isn't a concern unless the site is
developed. The developer would provide a 25% match for the grant funds, and if the grants
would be awarded, but the project didn't proceed, then the grant funds wouldn't be used.
Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to adopt a
Resolution Authorizing Application for the Hennepin County Department of Environmental
Services Environmental Response Fund for Bassett Creek Office Centre (Res2007-197),
Resolution Authorizing Application for the Tax Base Revitalization Account for Bassett Creek
Office Centre (Res2007-198), and a Resolution Approvingovin thehe Application, Committing Local
Match and Authorizing Contract Signatures for the Department of Employee and Economic
Development's Contamination Cleanup Grant Program on Behalf of JNA 55, LLC (Res2007-
199). With all members voting in favor, the motion carried.
8.01) Rezoning Property located at 3120 Dunkirk Lane and Preliminary Plat Approval
for "Dunkirk Addition" (Gonyea Development — 2007002)
Community Development Director Juetten gave an overview of this project. Planning
Commission reviewed the Council's suggestion to consider RSF-1 zoning which would be
consistent with the areas to the west and south of the subject property. The Planning
Commission confirmed their original recommendation for RSF-2 zoning.
Adopted Council Minutes
Regular Meeting of April 24, 2007
Page 6 of 8
Mace Prutzenreuter, 3225 Everest Lane North, requested RSF-1 zoning of this site.
Tom Gonyea, applicant, noted correspondence sent to the City requesting RSF-2 zoning.
Tom Archbold, 16915 32nd Avenue, voiced his support for RSF-1 zoning as it would be
consistent with adjacent neighborhoods. He acknowledged that some of the existing properties
don't meet all the requirements of RSF-1 zoning, but the density levels would be different. If the
subject property would be rezoned RSF-2, the homes would be very close together.
Councilmembers Willis, Murdock, and Hewitt voiced their support for RSF-1 zoning which they
felt would keep this property in character with adjacent neighborhoods. It was noted that there
would be 10 lots with RSF-2 zoning, and there would be one to two lots less with RSF-1 zoning.
Motion was made by Councilmember Willis, and seconded by Councilmember Hewitt, to adopt
an Ordinance Rezoning 3120 Dunkirk Lane from FRD to RSF-1 (2007002 - Ord2007-09
Resolution ApprovingFindingsindings of Fact for Rezoningoperty Presently Addressed as 3120
Dunkirk Lane North (2007002 — Res2007-200).
Discussion was held on less park dedication funds and land with RSF-1 zoning, streets and trails
being used as transition between RSF-1 and RSF-2 areas, and the Comprehensive Plan allowing
for RSF-2 zoning.
Mr. Archbold reiterated his concern of the closeness of the homes if the subject.property is
rezoned RSF-2. He stated in talking to the developer, there would be no land dedication with
this development for parks, but rather park dedication funds.
Mr. Gonyea explained he was informed that the City could take a percentage of land or money
for park purposes. Based on his experience with similar developments in other cities, he didn't
feel there was any deal that he could broker. He reiterated his preference for RSF-2 zoning with
10 lots as that is what the Comprehensive Plan allows.
There being no further discussion, the Council voted on the main motion. With all members
voting in favor but Black, the motion carried.
Motion was made by Councilmember Black, and seconded by Councilmember Willis, to table
action on the RSF-2 rezoning request and direct staff to prepare findings of fact denyin RgSF -2
zoning, and tabling action on the preliminary plat for Dunkirk Addition until May 8. With all
members voting in favor, the motion carried.
Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to
gpprove the alternate Resolution Authorizing the Vacation of 31St Avenue Right -of -Way as
Platted in Mapledell First Addition (Res2007-201) (deleted future trail easement). With all
members voting in favor, the motion carried.
8.02) City Center Options
Adopted Council Minutes
Regular Meeting of April 24, 2007
Page 7 of 8
Community Development Director Juetten reported on options contained in the packet materials
for the City Center.
The majority of the Council stated they preferred Option 3 which is a finer street grid option that
included pedestrian enhancements and roadway improvements.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Murdock, to
adopt an Interim Ordinance Temporarily Prohibiting Development in a Designated Area of the
City (for the entire City Center bordered by Highway 55 to the south, Vicksburg Lane to the
west, Plymouth Boulevard to the east, and Rockford Road to the North) (Ord2007-10).
A brief discussion was held on the Hennepin County Library project, and if this action could
delay that project. Councilmember Biidsoe volunteered to accompany staff when they discuss
the library with the County, and he'll report back to the Council.
There being no further discussion and with all members voting in favor but Black, the motion
carried.
8.03) Set Future Study Sessions
Without objection, the Council changed the start time of the May 8 Study Session from 6:00 p.m.
to 5:30 p.m. and added to the agenda a preliminary 2008-2009 budget discussion. In addition,
the Council changed the start time of the May 22 Study Session from 6:00 p.m. to 5:30 p.m. and
added to the agenda an update with the City Manager.
8.04) Application to Extend the Licensed Premises -for Joe Senser's of Plymouth d/b/a Joe
Senser's Sports Grill and Bar, 16005 County Road 24
The Council held a discussion with Mike Hrudka, from Joe Senser's, regarding the proposed
outdoor seating area and the proposed 4' 9" distance from the fence of the outdoor area to the
curb. Some of the Councilmembers felt this was too narrow for pedestrian, handicap, and bike
traffic and suggested that a row or two of the proposed seating be removed to increase this
distance. The suggestion was also made to install wheel stops at those parking spaces adjacent to
the business to discourage vehicles from encroaching onto the sidewalk.
Motion was made by Mayor Slavik, and seconded by Councilmember Willis, to increase the
distance from the outdoor seating to the curb six feet and to install wheel stops. With all
members voting in favor but Hewitt and Black, the motion carried.
Reports and Staff Recommendations
9.1) Legislative Update
Mayor Slavik reported on a letter received encouraging ,the City to support transportation
funding. The Council directed staff to send correspondence to area legislators supporting
Adopted Council Minutes
Regular Meeting of April 24, 2007
Page 8 of 8
transportation funding.
Adjournment
Mayor Slavik adjourned the meeting at approx' ately 9:25 p.m.
Sandra R. Engdahl, y Clerk