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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