HomeMy WebLinkAboutCity Council Minutes 07-25-2006Adopted Minutes
Regular Council Meeting
July 25, 2006
Mayor Johnson called a Regular Meeting of the Plymouth City Council to order at 7:05 p.m. in
the Council Chambers of City Hall, 3400 Plymouth Boulevard, on July 25, 2006.
COUNCIL PRESENT: Mayor Johnson, Councihnembers Bildsoe, Stein, Hewitt, Slavik, Willis,
and Black.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, Captain Franz, City Attorney Knutson, Community
Development Director Hurlburt, Park and Recreation Director Blank, Public Works Director
Cote, Fire Chief Kline, Administrative Services Manager McGann, Public Services Manager
Qvale, Communications Coordinator Vigoren, and City Clerk Engdahl.
Plymouth Forum
Terry Cheng, 17615 48th Place North, discussed his concerns relating to bicyclists' safety in the
community. He explained that there are many streets where the bicyclists share the right lane
with motorists. Mayor Johnson thanked Mr. Cheng for his concerns and stated that this would be
referred to the Police and Park and Recreation Departments to promote public safety.
Presentations and Public Information Announcements
4.01) Presentation of 2006 Environmental Champion Awards
Communication Coordinator Vigoren, Environmental Quality Committee Chair Osborne, and
Recycling Coordinator Hageman announced this year's environmental champions who were
Harvey Djerf, Leanne Loren, Nancy Mack, and Scott and Mary Rollins in the individual
category and Honeywell Plymouth Operations and Little Flowers Montessori School in the
business category. Mayor Johnson presented certificates to the winners.
4.02) Oaths of Office
City Clerk Engdahl administered Oaths of Office to Firefighters David Hanson and Eric Wait.
4.03) Acknowledgement of Contributions of Jon Eccles Street Maintenance Worker
Public Works Director Cote reported on the contributions of former City employee, Jon Eccles,
City employee who passed away on June 16.
Motion was made by Mayor Johnson, and seconded by Councilmember Slavik, to adopt a
Resolution Acknowledging Contributions of Jon Eccles, Street Maintenance Worker, May 21,
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Regular Meeting of July 25, 2006
Page 2 of 11
1979 to June 16. 2006 (Res2006-302). With all members voting in favor, the motion carried.
Councilmember Willis reported on the recent passing of Harvey Schiebe. He stated Mr. Schiebe
was one of the founding fathers of the community, and he expressed his gratitude for his
friendship and leadership in the community.
Approval of Agenda
Motion was made by Councilmember Black, and seconded by Councilmember Hewittto
approve the agenda. With all members voting in favor, the motion carried.
Consent Agenda
Councilmember Willis removed item No. 6. 10, and this was placed under General Business as
item No. 8.6.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Slavik to adopt
the amended Consent Agenda that included the followin items:
6.01) Minutes of the Regular Meeting of July 11.
6.02) Resolution Approving Disbursements for the Period Ending July 14, 2006 (Res2006-
282).
6.03) Resolution Authorizing the City Manager and the Police Chief to conduct the City 2006
Deer Management Program (Res2006-283).
6.04) Resolution Approving Agreement for Landscaping Encroachment into a Dedicated
Drainage/Utility Easement within Lot 8, Block 9, Seven Greens, 5025 Terraceview Lane
Res2006-284).
6.05) Resolution Approving a Comprehensive Plan Amendment to Reguide Two Properties
located at 710 Cottonwood Lane North and 800 Cottonwood Lane North from C to LA -1
2006037 — Res2006-285).
6.06) Resolution Approving a Conditional Use Permit for Bujold Hobbies, Inc. to allow a 4.2
Percent Accessory Retail in the I-2 Zoning District for Property located at 2415 Annapolis Lane
North (2006040 — Res2006-286).
6.07) Resolution Approving Metropolitan Council Grant Agreement First Amendment for
Transit Capital Financial Assistance for Station 73 Transit Facility (Res2006-287).
6.08) Resolution Awarding Contract for City Center Entrance Sign Project (5120 — Res2006-
288).
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Regular Meeting of July 25, 2006
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6.09) Resolution Authorizing Appointment to the Bassett Creek Watershed Management
Commission, Elm Creek Watershed Management Commission and the Shingle Creek Watershed
Management Commission Technical Advisory Committees (Res2006-289).
6.10) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.3).
6.11) Resolution Authorizing the Shingle Creek Watershed Management Commission to
exceed the Administrative Budget Cap (Res2006-290).
6.12) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment for Delinquent Water, Sewer, Recycling, Surface Water Fee, and Lighting Service
Charges (Res2006-291) and a Resolution Calling for Public Hearing on Proposed Assessment for
Delinquent Water, Sewer, Recycling, Surface Water Fee, and Street Lighting Service Charge
Res2006-292).
Motion carried to approve the Consent Agenda.
Public Hearings
7.1) Off -Sale Liquor Application for Bass Lake Wines and Spirits, 11540 Bass Lake Road
City Clerk Engdahl reported on the off -sale liquor application of Bass Lake Wines and Spirits
LLCC, d/b/a Bass Lake Wines and Spirits, 11540 Bass Lake Road.
Mayor Johnson opened the public hearing for testimony
David Wehrman, 5812 Deerwood Lane North, stated he is opposed to the application due to
increased traffic on residential streets adjacent to this establishment, underage drinking, litter,
garbage, and waste from the establishment, the number of off -sale liquor establishments already
in this area, hours and staffing of the store, the number of large semi truck deliveries every week,
and the close proximity of this business to the Tackwondo Instruction School. He suggested that
there be the construction of 5 mph speed bumps going in and out of the shopping center, and the
construction of a wood fence, gate and enclosure around the dumpster. In addition, the licensee
and their employees are charged with policing and cleaning up the area. He noted that in 2004,
the shopping center's parking lot was expanded, in 2005 the roof of the mall was repaired, and in
2006 the back lot was repaired and a shed was added. He believes all these repairs were
completed with no City permits.
Charles Kea], 5904 Forestview Lane North, stated he is a member of the Pike Lake Homeowners
Association, and they haven't taken a position with this application. He stated he personally
doesn't have a concern with the proposed establishment. He explained that the access to the
shopping center doesn't generate traffic through the streets in their neighborhood. He noted that
this is a very small store, and any business in the mall is going to generate traffic. He stated that
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Regular Meeting of July 25, 2006
Page 4 of 11
there have been no recent incidents of underage drinking. He stated the City is very strict with
enforcing the liquor laws, so he isn't worried. Therefore, he doesn't see any reason why the
application shouldn't be approved.
Beverly Larsen, 5913 Forestview Lane North, stated she is concerned with large delivery trucks,
litter, possibility of underage drinking, and increased traffic in the neighborhood. She stated
with this type of business, there would be more people in the neighborhood. She would prefer
another type of business there, such as a cleaners or flower shop.
There being no one else wishing to appear before the Council, Mayor Johnson declared the
public hearing closed.
It was noted that there is a drive -up window area for this establishment, and the question was
raised if the applicant would be utilizing that window.
David and Lisa Leclerc, applicants, stated that this is only an 800 square foot store, and there
wouldn't be a drive up window. Staff indicated that State law doesn't allow the use of drive up
windows for liquor establishments. They stated there would only be one delivery truck per week
delivering alcohol to the business. They stated they would be open until 8:30 p.m. Monday
through Thursday, until approximately 9:00 p.m. on Saturdays, and closed on Sundays. They
stated they are very well aware of the litter and trash problem associated with the mall, and the
owner of the mall is trying to make improvements.
Councilmeinber Hewitt stated that the lack of peirnit issues that were raised by Mr. Wehrman
should be addressed by staff, and a report be provided to the Council at a later date.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt
a Resolution Approving Off -Sale Liquor License for Bass Lake Wines and Spirits LLC, d/b/a
Bass Lake Wines and Spirits, 11540 Bass Lake Road (Res2006-293) and a Resolution
Approving the Tobacco License (Res2006-294).
Motion was made by Mavor Johnson, and seconded by Councilmember Black, to amend the
main motion to prohibit the use of the drive up window. With all members vofing in favor, the
motion carried.
The Council voted on the amended main motion and with all members voting in favor, the
motion carried.
7.2) On -Sale Intoxicating and Sunday Liquor Applications for Charlie Rae Inc., d/b/a
Axel's Bonfire Woodfire Cooking, 3000 Harbor Lane
City Clerk Engdahl reported on the On -Sale Intoxicating and Sunday Liquor Applications for
Charlie Rae, Inc., d/b/a Axel's Bonfire Woodfire Cooking, 3000 Harbor Lane.
Mayor Johnson opened the public hearing for testimony.
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Regular Meeting of July 25, 2006
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There being no one wishing to appear before the Council, Mayor Johnson declared the public
hearing closed.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Stein to adopt
a Resolution Approving On -Sale Intoxicating and Sunday Liquor Licenses for Charlie Rae Inc
d/b/a Axel's Bonfire Woodfire Cooking, 3000 Harbor Lane (Res2006-295). With all members
voting in favor, the motion carried.
7.3) Tobacco Compliance Check Violation for Cub Foods, 3550 Vicksburg Lane
Captain Franz reported on the second tobacco compliance check violation for Cub Foods at 350
Vicksburg Lane. At the time of the violation, the licensee was not a member of the Best
Practices Program. Therefore, the penalty recommended according to the City Code is a $750
fine and a 15 -day license suspension.
Mayor Johnson opened the public hearing for testimony.
Captain Franz reported on the compliance check violation that occurred on February 28, 2006.
The authorized underage buyer was able to purchase cigarettes at the customer service counter
after showing identification. The clerk was underage, and she thought the date of birth was 1987
rather than 1989. He stated the employee was referred to Hennepin County Juvenile Court. He
noted that the licensee hasn't been a part of the Best Practices Program as it's difficult due to the
size of their business.
Chris Robinson, Store Manager, acknowledged that this is an unfortunate incident. They take
this seriously, and they card everyone. They provide training for their employees, orientation,
and a refresher course. There are systems in place to "flag" the date of birth, but there is the
human factor when there is a data entry error. He stated that they disciplined the employee and
retrained them. He stated Cub Foods is responsible, and they will accept whatever penalty the
Council approves.
Mayor Johnson asked Mr. Robinson why they don't participate in the Best Practices Program.
Mr. Robinson replied they have over 200 employees with a large amount of turnover. Since the
requirement is that a certain percentage of employees need to attend the training, it makes it very
difficult. He stated he has had discussions with the Police Department about training for a very
selected group of employees.
There being no one else 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 Imposing a Civil Penalty against Cub Foods for Tobacco Compliance Check
Violation ($750 fine and 15 -day license suspension) (Res2006-296). With all members voting in
favor, the motion carried.
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Regular Meeting of July 25, 2006
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General Business
8.1) Appeal of Tree Preservation Fine association with Medicine Lakeview Estates
2005051)
Community Development Director Hurlburt reported on the appeal of Richard Elsen
Construction, Inc. for a $7,050 tree fine imposed by the City. She stated that according to the
tree preservation plan, two trees were removed that shouldn't have been. Prior to issuing
building permits, sites are inspected to make sure that tree preservation plans are being followed.
Staff informed the developer that they should've requested an amendment to their tree
preservation plan before removing them. Therefore, the fine should be paid before the building
permits are issued. The developer is appealing staffs decision. This evening, the Council will
either affirm staffs interpretation of the applicable provisions of the City Code, or eliminate the
fine if staffs interpretation is found to be incorrect.
Richard Elsen, applicant, referred to the survey and photographs of the property, which indicate
that there is a considerable amount of trees on the property. He stated one of the trees that were
removed was three feet from the sidewall of the home, and that tree wouldn't survive. He stated
the other tree that was removed was leaning over the fence into the adjacent property, and he was
concerned about the safety issue. He stated he has met all the requirements of the City including
the 15 foot side yard setback. He acknowledged the oversight on his part in not notifying the
City's tree inspector prior to removing these trees. He stated that they also relocated the
driveway to preserve two trees that were supposed to be removed.
Councilmember Black asked if he was aware that he had to apply for an amendment to his tree
preservation plan before removing those trees. Mr. Elsen replied no. He stated he has
constructed homes in many different communities, and this is the first time that he has
experienced this situation.
Mayor Johnson asked if there is no mechanism in the ordinance for staff to have some discretion
in these types of cases. Community Development Director Hurlburt replied there is a
mechanism that gives them the authority to change the plan. However, these changes are after
the fact.
Councilmember Slavik asked why the large selection of trees on the property weren't included in
the tree inventory. Community Development Director Hurlburt replied she is unsure. If the
developer isn't going to develop that area, and it's very dense, it's difficult to do the inventory.
She added that the developer already exceeded the tree preservation requirement.
Motion was made by Councilmember Black and seconded by Mayor Johnson to adopt a
Resolution Affirming Staffs Interpretation of the City's Tree Preservation Regulations in
Section 530 of the Plymouth City Code Pertaining to an Appeal of a Tree Fine by Richard Elsen
Construction. Inc. for Medicine Lakeview Estates (2005051 — Res2006-297).
Councilmember Black acknowledged that there are a lot of trees on this site; however, her
support of the motion is based on consistency in how the City handles these matters.
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Regular Meeting of July 25, 2006
Page 7 of 11
Councilmember Hewitt asked since the fine is for both trees, could the fine be split. Community
Development Director Hurlburt replied if the legislative intent is met, the Council could waive a
portion of the fee. She noted that there was damage to one of the trees, but the City wasn't able
to verify that ahead of time.
Councilmember Willis stated with respect to the tree that was located within three feet of the
home, if the City would've known the footprint of the dwelling, staff would've requested that
that tree be removed.
Councilmember Stein stated that this matter is different than performing work without a permit.
He stated there are two trees near the driveway that were originally going to be removed, but
now they will be saved.
Motion was made by Councilmember Slavik, and seconded by Councilmember Stein to amend
the main motion to reduce the fine to $3,525.
Councilmembers Stein, Slavik, and Mayor Johnson stated that they didn't feel this action was
intentional, and the developer has made every effort to preserve as many trees as possible.
Motion was made byMUor Johnson, and seconded by Councilmember Willis to amend the
amendment to reduce the fine to $500.
The Council voted on the amendment, and with Slavik, Stein, Willis, and Johnson voting yes,
and Black, Bildsoe, and Hewitt voting no, the motion carried.
Motion was made by Councilmember Black, and seconded by Councilmember Hewitt to amend
the amendment to require the developer to replace the two trees that were removed with two inch
trees in diameter. With Stein, Black, Bildsoe, and Hewitt voting yes, and Slavik, Willis, and
Johnson voting no, the motion carried.
Motion was made by Mayor Johnson, and seconded by Councilmember Willis to not require the
developer to plant the two new two-inch diameter trees, but save the two trees near the driveway.
The developer would need to go through the process to amend the tree preservation plan. With
all members voting in favor, the motion carried.
The Council voted on the amended amendment and with all members voting in favor except
Black, the motion carried.
The Council voted on the amended main motion and with all members voting in favor, the
motion carried.
8.2) Denial of Preliminary and Final Plat for "Jirehel Addition" (2006-29 — Dmitri
Smirnov and Maria Kouznetsova, 755 Windemere Drive)
Community Development Director Hurlburt noted action taken by the Council at the previous
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Regular Meeting of July 25, 2006
Page 8 of 11
Council meeting to direct staff to prepare findings of fact consistent with denial for this item.
She noted that a revised Resolution has been provided to the Council this evening, which
changed item 4 of the Resolution.
John Waldron, attorney representing applicants, stated his clients approached the City prior to
purchasing the lot with the intent to subdivide as requested, and they were told that the lot met all
the criteria and it shouldn't be a problem. He stated in the past, there was the intent that there
shouldn't be any access on Oh Avenue. However, the City never recorded that action. He stated
the Planning Commission and staff have recommended approval of this request. He explained
that the findings of fact that have been prepared really don't support the denial of the action
being requested. He discussed his concerns which were outlined in the July 25 correspondence
sent to the City and contained in the packet materials.
Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to adopt
a Resolution Denying a Preliminary Plat and Final Plat for Two Single -Family Lots to be known
as Jirehel Addition located at 755 Windemere Drive (2006029 — Res2006-298).
Councilmember Stein stated he feels the applicant has met the subdivision requirements;
therefore, the proposed motion denying the application wouldn't hold up in a court of law.
Councilmember Black agreed.
Mayor Johnson stated she believes the findings contained in the Resolution are justified.
With all members voting in favor but Stein and Black, the motion carried.
Without objection, the Council moved up item No. 8.5 on the agenda.
8.5) Changes to Dial -a -Ride Service
Public Services Manager Qvale reported on proposed changes to Dial -a -Ride service. When the
fare increases were approved in March 2005, the Council requested that staff review the service
area and the practice of transporting school age children to and from school. Regarding the trips
to North Memorial, Courage Center, and Methodist Hospitals, it takes them out of the service
requirement due to the length of time for these runs. It also costs the City approximately
25,000 per year to provide these services. She stressed that Plymouth Advisory Committee on
Transit (PACT) took no formal action on this. Staff has concluded the other services outside of
the hospitals do meet the service requirements.
She stated regarding the transporting of school age children to schools, in all of the school
provided services, the bus travels with an average of 16 riders per bus. With the goal of having
more riders on the bus at any given time to reduce the subsidy per ride, the school service meets
or exceeds this goal. The PACT committee reviewed this service, but they didn't take formal
action. She spoke of the budget impact. She spoke of the Council's alternatives this evening.
She stated it costs about $25,000 per year to do the North Memorial trip per year.
Councilmember Stein stated if the City were to discontinue the trips to Courage Center, Oakview
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Regular Meeting of July 25, 2006
Page 9 of 11
Clinic, and North Memorial and Methodist Hospitals, where would the $25,000 in savings be
allocated. Public Services Manager Qvale replied those savings would go back to the services
and programs to improve service as well as reprogramming those two hours.
Councilmember Slavik commented that due to what the City pays and what students pay, it isn't
the responsibility of the City to transport students to schools.
Jerry Kloss, 14930 181h Avenue North, stated he supports the service to Courage Center, and he
has used this service since 1998. He stated as he understands it, the City would continue to
service Ridgedale, and he questioned the necessity of those routes when many of those people
have vehicles.
Terry Cheng, member of the PACT Committee, stated the Dial -a -Ride Service provides a need.
He asked the Council to not forget the spirit of the service, and to make sure that the needs of the
community are met.
Linda Strand, 725 Windemere Drive, stated she worked at Courage Center, and there are
students that need this service as they are no longer independent. She stated the ridership figures
might not be high, but it creates freedom and independence for those people.
Penny Hatcher, 15800 16th Avenue, along with her sister, Jill Hatcher, 14325 17th Avenue North,
thanked the City for the $25,000 subsidizing of this service. Penny explained that Jill volunteers
four days a week at North Memorial Hospital. She has taken Metro Mobility to other jobs, but it
wasn't safe, reliable, and it wasn't a good environment. She stated they would support
grandfathering Jill so she could continue to take trips to North Memorial Hospital or increasing
the fare.
Motion was made by Councilmember Stein, and seconded by Councilmember Hewitt, that the
City only eliminate service to Methodist Hospital but keep service to North Memorial/Courage
Center/Oakview Clinic.
Councilmember Hewitt stated she feels this issue should be studied further by staff as there are
other organizations in the community that provide transportation service to individuals. She
would also like to study the school bus route issue as well.
Councilmember Willis stated this bus service is becoming so expensive because of capital and
energy, and if the City can't sustain it with riders, the service might not be able to operate as
previously. He agreed with Councilmember Hewitt that there needs to be more study on this
issue rather than voting on it this evening, and he suggested that this also be discussed as part of
the budget discussions. He would like more information to see how to sustain this service over
time. Mayor Johnson agreed. Councilmember Black added that as part of the school route
evaluation, she would like to know why students of one school district utilize this service more
than others.
The motion was withdrawn from the table.
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Regular Meeting of July 25, 2006
Page 10 of 11
The Council took a five minute break.
8.3) Appeal of Requirement for Financial Guarantees for Expansion Project at 5959
Trenton Lane North (2005142 — Twin City Fan and Blower)
Community Development Director Hurlburt reported on the appeal from the financial guarantee
requirement, which is an appeal from the Zoning Ordinance.
Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to adoRt
a Resolution Affirming City Staff's Interpretation of the Requirements of Section 21035 of the
Plymouth Zoning Ordinance, Pertaining to the Requirement for a Financial Guarantee for the
Twin City Fan and Blower Project, 5959 Trenton Lane North (2005142 — Res2006-299). With
all members voting in favor, the motion carried.
8.4) Route Restructuring of Plymouth Metrolink to service Plymouth Metrolink Station
73
Public Services Manager Qvale reported on the restructuring changes to the Plymouth Metrolink
to service Plymouth Metrolink Station 73. She stated the PACT Committee approved the
proposal which included the following changes:
1. Eliminate Route 770 in the southwest section effective September 9, 2006.
2. Restructure Routes 771, 774, 740, and 741 (neighborhood shuttles) to service Station 73
utilizing Sunset Trail and Ridgemount Avenue effective December 2, 2006.
Terry Bliss, 11340 39`h Avenue North, member of the PACT Committee spoke in favor of the
recommended changes.
Mike Vanoss, 13111 Ridgemount Avenue, Minnetonka, stated they have a great concerns
regarding utilizing Ridgemount Avenue, as the junior high school traffic is going to be
overlapping with the bus traffic.
Amy Hemingway, 25 Mulbert Road, Minnetonka, south side of Ridgemount Avenue, echoed the
concern expressed by Mr. Vanoss. She stated they have discussed this with neighbors on both
sides of Ridgemount Avenue, and they have 31 signatures requesting that there be more
consideration given to this issue.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Willis, to adopt
a Resolution Approving the Elimination of Plymouth Metrolink Route 770 and the Restructuring
of Neighborhood Shuttle Services to Station 73 (Res2006-300).
Councilmember Hewitt stated this provides a wonderful opportunity to take vehicles off the
street by utilizing transit, and this how shuttle buses are intended. The new transit station would
bring new opportunities, and hopefully there could be more expansion of the service throughout
neighborhoods.
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Mayor Johnson stated that she wouldn't support the motion as this issue has pitted one
neighborhood against another.
There being no further discussion and with all members voting in favor but Johnson, the motion
carried.
8.6) Approval of Plans and Specifications and Ordering Advertisement for Bids for 2006
Temporary Overlay Project — Phase 2 (6134)
Councilmember Willis stated he is concerned about using street reconstruction funds for
unimproved alleys. If these improvements are needed, they should be requested by the property
owner.
Motion was made by Councilmember Willis and seconded by Mayor Johnson to adopt a
With all members
voting against the motion but Willis, the motion failed.
Motion was made by Councilmember Black, and seconded by Councilmember Stein to adopt a
Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for 2006
Temporary Overlay Project — Phase 2 (6134 — Res2006-301). With all members voting in favor,
the motion carried.
Councilmember Willis requested a report from staff on other similar situations in the City.
Report and Staff Recommendations
9.1) Report on Withdrawal of Interim Use Permit for Filling Operations at 15 Evergreen
Road (2005130)
Councilmember Slavik stated she requested a report on this item which is contained in the packet
materials, so no action is necessary.
Adiournment
Mayor Johnson declared the meeting adjourned approximately 10:25 p.m.
andra R. Engdahl, ity Clerk