HomeMy WebLinkAboutCity Council Minutes 07-11-2006Adopted Minutes
Regular Council Meeting
July 11, 2006
Mayor Johnson 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 July 11, 2006.
COUNCIL PRESENT: Mayor Johnson, Councihnembers Bildsoe, Hewitt, Slavik, Willis, and
Black.
ABSENT: Councilmember Stein.
STAFF PRESENT: Police Chief Goldstein, City Attorney Knutson, Community Development
Director Hurlburt, Park and Recreation Director Blank, Lieutenant Plekkenpol, Public Works
Director Cote, Fire Chief Kline, Administrative Services Manager McGann, and City Clerk
Engdahl.
Plymouth Forum
There was no one present to address the Council).
Presentations and Public Information Announcements
4.01) Announcement of "National Night Out" on August 1
Lieutenant Plekkenpol announced this year's "National Night Out" on August 1, and Mayor
Johnson read the Proclamation declaring "National Night Out."
4.02) League of Minnesota Cities Award for Outstanding Leadership
Mayor Johnson announced that Park and Recreation Director Blank recently received the League
of Minnesota Cities Award for Outstanding Leadership at this year's conference held in St.
Cloud.
4.03) Music in Plymouth
Mayor Johnson thanked everyone who made this year's Music in Plymouth on July 6 so
successful.
Approval of AEenda
Councilmember Black added scheduling a Study Session on the park survey as item No. 9.1
under Reports and Staff Recommendations.
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Regular Meeting of July 11, 2006
Page 2 of 8
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik 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 Slavik to adopt
the amended Consent Agenda that included the following items:
6.01) Minutes of the Special and Regular Meetings of June 27.
6.02) Resolution Approving Disbursements for the Period Ending June 30, 2006 (Res2006-
265).
6.03) Resolution Approving a Site Plan Amendment for a Parking Lot Expansion at the
Plymouth Creek Christian Church located at 16000 41" Avenue North (3006033 — Res2006-
266).
6.04) Resolution Approving a Conditional Use Permit to allow installation of a 100 -foot
Monopole with Telecommunication Antennas and Related Equipment for T -Mobile USA at
1560532 nd Avenue (2006036 — Res2006-267).
6.05) Approval of Certificate of Correction for "Serenity on Hadley Lake" located on the east
shore of Hadley Lake (2002055-F).
6.06) Ordinance Amending Chapter 4 of the City Code concerning Building Construction
Regulations (Ord2006-20).
6.07) Resolution Approving a Variance to allow a Detached Garage in a Front Yard for
Minneapolis Garage Construction for Property located at 2615 Sycamore Lane North (2006034 —
Res2006-268).
6.08) Resolution Approving Change Order No. 2 for Vicksburg Lane Pumping Station (3108 —
Res2006-269).
6.09) Resolution Approving Change Order No. 1 for County Road 6 Watertower Rehabilitation
5124 — Res2006-270).
6.10) Resolution Approving Termination of Water Quality Pond Maintenance Agreement for
Orchards of Plymouth (94050 — Res2006-271).
6.11.1) Resolution Approving Final Release of Financial Guarantee for Plum Tree Addition
94162 — Res2006-272).
6.11.2) Resolution Approving Final Release of Financial Guarantee for Plum 2nd Tree Addition
96103 — Res2006-273).
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Regular Meeting of July 11, 2006
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6.12.1) Resolution Accepting Utilities for Continual Maintenance for Bridgeport (2003046 —
Res2006-274).
6.12.2) Resolution Accepting Utilities for Continual Maintenance for Bass Lake Villas
2004004 — Res2006-275).
6.13) Resolution Amending 2006 Budget for Funds 501, 502, and 505 for Utilities
Superintendent Position (Res2006-276).
6.14) Resolution Awarding Bid for Zachary Playfield Redevelopment (Res2006-277).
6.15) Resolution Identifying the Need for Livable Communities Demonstration Account
Funding and Authorizing an Application for Grant Funds (Res2006-278).
Motion carried to approve the Consent Agenda.
Public Hearings
7.1) Off -Sale Liquor Application for Umbria Pizzeria, LLC d/b/a Gourmet Market
Specialty Foods and Fine Wines, 3195 Vicksburg Lane
City Clerk Engdahl reported on the off -sale liquor application of Umbria Pizzeria, LLC d/b/a
Gourmet Market Specialty Foods and Fine Wines, at 3195 Vicksburg Lane.
Mayor Johnson opened the public hearing for testimony.
There being no one wishing to appear before the Council, Mayor Johnson declared the public
hearing closed.
Motion was made by Councilmember Slavik and seconded by Councilmember Bildsoe to adopt
a Resolution Approving Off -Sale Liquor License for Umbria Pizzeria LLC d/b/a Gourmet
Market Specialty Foods and Fine Wines at 3195 Vicksburg Lane (Res2006-279). With all
members voting in favor, the motion carried.
7.2) City Charter Amendment that would prohibit Members of the Governing Body from
serving on the Charter Commission
Administrative Services Manager McGann reported on the requested ordinance by the Charter
Commission that would prohibit elected officials from serving on the Charter Commission. She
noted that current Councilmembers who serve on the Charter Commission would be allowed to
complete their terms. She stated the Council could adopt the Ordinance as recommended by the
Charter Commission by unanimous vote of the entire Council. The Council must vote on the
ordinance within one month after the public hearing. If the ordinance is not adopted, that would
be communicated to the Charter Commission, and they could determine how to proceed. She
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Regular Meeting of July 11, 2006
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noted that the Council could suggest alternative language for the Charter Commission to
consider or simply not reach a unanimous vote on the recommended ordinance. The Charter
Commission could then decide whether to proceed to place the language on the November ballot.
Larry Marofsky, Chair of the Charter Commission, stated the Charter Commission has discussed
this issue on August 10, 2005, after a subcommittee of the Charter Commission studied and
reported on the issue, at the annual meeting on December 15, 2005, and at their last meeting held
on May 11, 2006. He stressed that this proposed ordinance has nothing to do with any of the
current Councilmembers serving on the Charter Commission. He stated some of the Charter
Commission members feel that by allowing elected officials to serve on the Charter Commission,
there could be the possibility that in the future it could be perceived as a conflict of interest. He
noted that in 2004 the Legislature adopted language that allowed Charter Commissions to
prohibit elected officials from serving on charter commissions. He stated he has never
experienced a problem having a Councilmember present at Charter Commission meetings. In
fact, he believes that by having a Councilmember present, it assists in dialogue for the Charter
Commission and Council. He believes that the current Charter Commission is strong, and they
all have their own viewpoints.
Mayor Johnson noted that the district court judge appoints members to the Charter Commission,
not the Council. She asked Commissioner Marofsky if he felt the Charter Commission would be
interested in limiting the number of Councilmembers who could be appointed to the Charter
Commission. Commissioner Marofsky replied the Charter Commission would probably
consider that option.
City Attorney Knutson commented that there is no legal conflict authorized by statute for
Councilmembers serving on the Charter Commission.
Commissioner Marofsky stated it's the appearance of a conflict, which is what some of the
Commissioners are concerned about.
Mayor Johnson opened the public hearing for testimony.
Christian Preus, 17330 County Road 24, stated this issue has been discussed by the Charter
Commission for over a year, and the Commission has been split on this issue. He stated this
issue hasn't been politically motivated, and there is no one issue that people are attacking. The
Charter Commission is just viewing what's best for the community. He reiterated that the
current Councilmembers who serve on the Charter Commission haven't done anything to be
construed as a conflict of interest. He stated many issues that have been discussed the past 10
years by the Charter Commission have been policies of the City Council, and the appearance is
an issue when Councilmembers are serving on the Charter Commission where policy decisions
are being made.
Mayor Johnson noted that since Councilmember Stein is absent this evening, the Council
wouldn't be able to approve what is being proposed if that would be the case.
Mayor Johnson asked Commissioner Preus if there would be any issues in the future about
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Regular Meeting of July 11, 2006
Page 5 of 8
changing Plymouth's form of government and/or terms. Commissioner Preus replied no, but
there could be other items that could come up in the future where it wouldn't look good for the
Council to be part of the decision making process.
Commissioner Marofsky added there had been a request by one of the commissioners as far as
discussing the form of government. He informed that commissioner that that item could be
discussed at any time. He stated there had been no further discussion. He noted that since
Mayor Johnson has announced that she isn't running for the Mayoral seat, there would only be
one Councilmember on the Charter Commission.
Councilmember Willis stated he doesn't feel the proposed amendment is needed. He stated
having one to two Councilmembers serving on the Charter Commission helps gives a
perspective. Therefore, he wouldn't support the recommendation of the Charter Commission.
However, he would like to discuss further with the Charter Commission in limiting it to one
elected official serving on the Charter Commission, which the City of Minnetonka did. He noted
that when his term expires on the Charter Commission, he wouldn't be applying for
reappointment.
Councibnember Bildsoe agreed with Councilmember Willis that having a Councilmember
serving on the Charter Commission adds value. He wouldn't support prohibiting any
Councilmember from serving on the Charter Commission. However, he stated he could support
having one to three Councilmembers serving on the Charter Commission.
Councihnember Hewitt she wouldn't be supporting the Charter Commission's recommendation,
but she would support limiting the number of Councilmembers serving on the Charter
Commission.
Councilmember Black agreed with the above comments.
Councilmember Slavik also agreed and stated that she could support up to three Councilmembers
serving on the Charter Commission. She stated having an elected official serving on the Charter
Commission does add value.
There being no one else wishing to appear before the Council, Mayor Johnson declared the
public hearing closed.
Motion was made by Councilmember Willis, and seconded by Councilmember Slavik to reject
the proposed Ordinance as recommended by the Charter Commission.
Motion was made by Mayor Johnson, and seconded by Councilmember Black to amend the
main motion to recommend that the Charter Commission consider alternative language that
would limit the number of elected officials who could serve on the Charter Commission. In
addition, the Council suggested that the Charter Commission conduct a joint meeting with the
City Council. With all members voting in favor, the motion carried.
The Council voted on the amended main motion and with all members voting in favor, the
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Regular Meeting of July 11, 2006
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motion carried.
7.3) Vacation of Segment of a Drainage and Utility Easement within Lots 2 and 3, Block 1,
Epiphany Second Addition
Public Works Director Cote reported on the petitioned request of MSC Properties for Vacation of
a segment of a 12 -foot drainage and utility easement along the previous common lot line of Lots
2 and 3, Block 1, of Epiphany Second Addition.
Mayor Johnson opened the public hearing for testimony.
There being no one wishing to appear before the Council, Mayor Johnson declared the public
hearing closed.
Motion was made by Councilmember Black and seconded by Councilmember Slavik to adopt a
Resolution Authorizing the Vacation of a Segment of a Drainage/Utility Easement over the
Common Lot Line of Lots 2 and 3, Block 1 of Epiphany Second Addition (Res2006-280). With
all members voting in favor, the motion carried.
7.4) Alcohol Compliance Check Violation for Sky Ventures LLC, d/b/a Pizza Hut, 1415
Highway 101
Police Chief Goldstein reported on the second alcohol compliance check violation for Sky
Ventures LLC, d/b/a Pizza Hut, at 1415 Highway 101.
Mayor Johnson opened the public hearing for testimony.
Police Chief Goldstein reported the compliance check violation occurred on March 28, 2006
when an authorized underage buyer was allowed to purchase alcohol at the establishment. He
noted that the clerk asked for identification. After reviewing the identification, the sale was
made. The clerk stated that they felt the buyer looked 21 years of age. She also stated that she
had only been employed at the establishment for the past four months, and she didn't receive any
training on checking identifications.
Grant Schofield, District Manager of Pizza Hut, illustrated an alcohol training manual that they
provide to all their employees, which is for the checking of identifications. There is also
language in the handbook that employees can't sell alcohol to minors. He showed signage that is
located near the coolers alerting employees that it's their responsibility to check identifications.
Meetings are held with employees quarterly. He noted that the employee who sold the alcohol
was terminated. He stated that they utilize internal staff as well as a field trainer for their
alcohol/identification training.
Mayor Johnson asked Mr. Schofield why they haven't participated in the City's Best Practices
Program for the training. Mr. Schofield replied that it's a great program, and they implemented
the program after their first violation. He also noted that they have had some significant
management changes during the past couple of years.
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Regular Meeting of July 11, 2006
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Police Chief Goldstein stated that staff doesn't have any documentation that indicates that the
licensee is a member of the City's Best Practices Program.
There being no one else wishing to appear before the Council, Mayor Johnson declared the
public hearing closed.
Motion was made by Councilmember Bildsoe and seconded by Councilmember Hewittto adopt
a Resolution Imposing a Civil Penalty against Sky Ventures LLC d/b/a Pizza Hut for Liquor
Compliance Check Violation ($1,000 fine and 10 -day license suspension) (Res2006-281). With
all members voting in favor, the motion carried.
General Business
8.1) Preliminary Plat and Final Plat .for the Creation of Two Lots to be called "Jirehel
Addition" (property located a 755 Windemere Drive — Dmitri Smirnov and Maria
Kouznetsova — 2006029)
Community Development Director Hurlburt reported on the application of Dmitri Smimov and
Maria Kouznetsova for preliminary and final plat approval of "Jirehel Addition," for two single-
family detached lots for property located at 755 Windemere Drive. She noted that with the lot
division, there would be a new home constructed that would have access off Sixth Avenue. She
discussed the history of this property, in which at one time it was intended to be part of an
extension for additional right-of-way when the County road would be constructed, and then in
1986 the property was declared as a natural area. When that occurred, the property was added to
the adjacent property owners' lots. She noted that in reviewing the history of the property, there
were references that those lots wouldn't have access to Sixth Avenue, but this wasn't recorded or
deeded. She stated the Planning Commission considered this request, and they were split with
their recommendation to approve the plat. She requested that if it's the Council's desire to deny
the application, that a motion is made to direct staff to prepare findings of fact consistent with
denial for the July 25 Council meeting.
Dmitri Smimov, applicant, stated his desire to construct a home that would have access off Sixth
Avenue. He stated their plan maximizes their efforts to develop the lot while still preserving the
nature and environment.
Paul Strand, 725 Windemere Drive, requested that the Council deny the proposed application.
He stated that it's very clear that in 1986, the intent of the Council was for this property to
become and remain a natural area. Unfortunately, City staff didn't properly record this action.
He stated the previous owner should've informed the applicant of the restrictions on the
property. He indicated that the property is within the designated shoreline of Cavanaugh Lake,
and green space is more valuable when it's within designated shoreline. He stated lastly, the
City's traffic plan for Sixth Avenue projects 3,700 vehicles per day by 2020. The proposed
driveway off Sixth Avenue would have restricted visibility which could become a significant
problem.
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Regular Meeting of July 11, 2006
Page 8 of 8
Councilmember Willis discussed his recollection of what occurred with the subject property as
he was City Manager at the time. He stated it had been concluded by the Council that Sixth
Avenue wasn't going to be constructed as a County road; therefore, the additional right-of-way
wasn't needed. It was recommended that the outlot be kept in tact for any future improvements
to County Road 73. This was a cooperative agreement with the parties, and it provided that
those lots would access on Sycamore or Pineview not on Sixth Avenue. It was clear that it was
the intent to protect Sixth Avenue from additional driveway cuts and preserve this area as a
natural area.
Motion was made by Mayor Johnson, and seconded by Councilmember Bildsoe to direct staff to
prepare findings of fact consistent with denial for the July 25 Council meeting.
Fred Moore, former Public Works Director for the City, agreed with the comments made by
Councilmember Willis.
Mayor Johnson requested staff to review the setback issues along Sixth Avenue and provide a
report to the Council at a future date.
There being no further discussion and with all members voting in favor, the motion carried.
Report and Staff Recommendations
9.1) Set Special Meeting regarding Park Survey
Councilmember Black requested that the Council schedule a Study Session prior to the July 25
meeting to discuss the recent park survey
Motion was made by Councilmember Black, and seconded by Mayor Johnson to schedule a
Special Meeting on July 27 at 6:30 p.m. to discuss this item. With all members voting in favor,
the motion carried.
Adiournment
Mayor Johnson declared the meeting adjournedAt approximately 8:47 p.m.
R. Engdahl, 4eity Clerk