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HomeMy WebLinkAboutCity Council Minutes 04-26-2005Adopted Minutes Regular Council Meeting April 26, 2005 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 April 26, 2005. COUNCIL PRESENT: Mayor Johnson, Councilmembers Willis, Hewitt, Slavik, Black, Bildsoe, and Stein. ABSENT: None. STAFF PRESENT: City Manager Ahrens, Deputy Fire Chief Hurr, Community Development Director Hurlburt, Finance Director Hahn, Park and Recreation Director Blank, Housing Manager Barnes, Public Services Manager Qvale, City Engineer Quanbeck, Public Works Director Cote, City Engineer Quanbeck, Police Chief Goldstein, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum Jerry Pedlar, Director of Property Facilities for North Memorial Health Care, discussed its quest for the new hospital in Maple Grove. This facility wouldn't affect the West Health facility in Plymouth. He explained the Maple Grove hospital would be intended to serve the northwest suburbs. He stated representatives would like to have an opportunity to make a presentation to the Council at a future meeting on their proposed plans for the new hospital. Mayor Johnson stated their request would be added to item No. 8.1 where the Council would be considering future Study Sessions. Presentations and Public Information Announcements 4.01) Presentation of DARE Poster Contest Winners DARE officers Gottwald and Marsh announced that May Copeke, from Gleason Lake Elementary, won the State DARE poster contest. The Council congratulated her on this accomplishment. 4.02) Transit Update Public Services Manager Qvale provided a transit update. She reported that the Metropolitan Council is proposing transit fare and service changes in order to address a Adopted Council Minutes Regular Meeting of April 26, 2005 Page 2 of 11 projected shortfall of $60 million over the next two years. She stated the shortfall is due to rising fuel and health insurance costs, plus slow revenue growth from vehicle sales taxes—a major source of transit funding. She stated approximately 70% of Metro Transit routes and Metropolitan Council regional routes operating on weekdays would be impacted in some fashion by a proposed 10% reduction of regular–route service. The Plymouth Metrolink's budget and service plan are separate from Metro Transit and the Metropolitan Council. However, both Plymouth Metrolink and Metro Transit rely heavily on revenues from motor vehicle sales taxes. Service changes would affect Metro Transit and Metropolitan Council regional routes, and Metro Mobility. She stated the proposed reductions in Metro Mobility would eliminate service in the City of Plymouth. She encouraged the Council as well as residents/riders to contact local legislators by 5:00 p.m. on May 1. Mayor Johnson requested that staff send a letter to Roger Scherer, who serves as the City's representative on the Metropolitan Council, inviting him to meet with the Council. Approval of Agenda Councilmember Slavik requested to add a new business located at 1115 Vicksburg Lane as 8.0 under General Business. 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 Councilmember Black requested to remove item No. 6.04, and it was placed under General Business as item No. 8.01. Councilmember Bildsoe requested to remove item No. 6.11, and it was placed under General Business as item No. 8.02.. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to approve the Consent Agenda, which included the followingitems: ems: 6.01) Minutes of the Board and Appeal and Equalization Meetings on April 5, April 19, Regular Meeting of April 12, and Special Meeting April 19. 6.02) Resolution Approving Disbursements for the Period Ending April 15, 2005 Res2005-155). 6.03) Resolution Approving a Planned Unit Development General Plan for the Adopted Council Minutes Regular Meeting of April 26, 2005 Page 3 of 11 Plymouth Housing and Redevelopment Authority for a 96 -Unit Senior Apartment Building, for Property located Northwest of the Intersection of Vicksburg Lane and Medina Road (2005014 — Res2005-156). 6.04) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.01). 6.05) Resolution Approving a Shoreland Variance for Impervious Surface Area Coverage and an Interim Home Occupation License for Message Therapy at 11917 -23rd Avenue North (2005018 — Res2005-157). 6.06) Resolution Approving Change Order No. 2 for Central and Zachary Water Treatment Plants Expansion and Upgrade (2032 — Res2005-158). 6.07) Resolution Approving Payment No. 8 and Final for Well No. 15 Drilling Improvements Project (2039 — Res2005-159). 6.08) Resolution Awarding Bid for Metropolitan Council BMP Implementation Res2005-160). 6.09) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.03). 6.10) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Pineview Lane Retaining Wall Project (5106 — Res2005-161). 6.11) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.02). 6.12) Resolution Appointing Doran Cote as Alternate Member to the Suburban Rate Authority (Res2005-162). 6.13) Acceptance of First Quarter 2005 Financial Report. 6.14) Resolution Approving Agreement with BCWMC for Parkers Lake Improvements 5115 - Res2005-163). 6.15) Resolution Approving Agreement with BCWMC for Medicine Lake Curlyleaf Pondweed Treatments (4109 — Res2005-164). 6.16) Resolution Authorizing the Purchase of One New Current Model Toro 580D 16' Mower (Res2005-165). Adopted Council Minutes Regular Meeting of April 26, 2005 Page 4of11 Motion carried to approve the amended Consent Agenda. Public Hearinlzs 7.1) Issuance of Tax Exempt Bonds for Phase II of Providence Academy Housing Manager Barnes reported on the request of Providence Academy for the City to issue $12,500,000 in 501 (c) 3 bonds to facilitate the financing of their Phase II building expansion and related equipment. He explained the entire Phase II project is estimated to be $13.5 million; and the school would be contributing $2.25 million on equity. The bonds would be privately placed with an individual investor. Mayor Johnson opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Slavik, and seconded by Councilmember Willis, to adopt a Resolution Giving Approval to a Project on Behalf of Providence Academy and its Financing Under Minnesota Statutes, Sections 469.152 to 469.1651; Referring the Proposal to the Minnesota Department of Employment and Economic Development for Approval; Providing for the Issuance and Sale of Revenue Bonds, Series 2005 Providence Academ,r ject) and Execution of Related Documentation (Res2005-166). 7.2) City Center Street Lighting Project, Vicksburg Lane/36th Avenue (4143) City Engineer Quanbeck illustrated the proposed street lighting project. He explained the project would be assessed to the adjacent property owners. John Hagen, consultant with SEH, Inc. illustrated the design of the lighting and stated the estimated cost is $175,000 with annual and operating maintenance costs of $3,100 per year. Mayor Johnson opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Hewitt, to adopt a Resolution Ordering Improvement and Preparation of Plans and Specifications for City Center Street Lighting_ Project (4143 — Res2005-167). With all members voting in favor, the motion carried. Adopted Council Minutes Regular Meeting of April 26, 2005 Page 5 of 11 7.3) Vacation of a Platted Pond Easement within Providence Academy City Engineer Quanbeck reported on the request of Providence Academy to vacate a single pond easement that lies within the northwest portion of the property. This vacation request is the result of the proposed Phase II addition at Providence Academy as approved by the Council on January 11, 2005. He explained as a result of the Phase II addition, additional spaces to the parking lot on the north side of the property would encroach into the existing pond easement, which requires the pond to be reconfigured. As a condition to recording the vacation, an easement over the new pond would be required. Mayor Johnson opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. Motion was made byfouncilmember Black, and seconded by Councilmember Bildsoe, to adopt a Resolution Authorizing the Vacation of a Platted Pond Easement within Providence Academy and a Resolution Setting Conditions to be met prior to Filing of Resolution No. 2005- Vacating a Pond Easement within Providence Academy (Res2005- 169). With all members voting in favor, the motion carried. 7.4) Compliance Check Violation for Dutton's Bar and Grill, 1115 Vicksburg Lane Police Chief Goldstein reported on March 8, the Council conducted a hearing. on an alcohol compliance check violation for Dutton's Bar and Grill, 1115 Vicksburg Lane, which occurred in September 2004. At the time, the licensee had the presumptive penalty imposed of a $500 fine and a five-day license suspension. The conditions of the suspension were as follows: "During that time, you must have all alcoholic beverages secured. They do not have to be removed from the premises; however, they cannot be displayed to the public. You cannot allow any purchase or consumption on the premises, including by employees." The licensee had selected the dates of March 22, March 29, April 5, April 12, and April 19 to serve the suspension. Mayor Johnson opened the public hearing for testimony. Police Chief Goldstein stated on March 29, at 9:51 p.m., an officer checked the establishment to make sure they weren't violating the restrictions of their suspension. At that time, the officer saw three individuals inside the locked establishment cleaning. The officer didn't observe any alcoholic beverages out at that time. Later that evening at 11:10 p.m. officers received a call to the establishment to check on the welfare of a female there. While there, the same officer that was there earlier, saw a glass of beer next to a video game on the east side of the bar and a plastic glass with ice, a cola colored liquid, and a straw in it sitting on the bar (he wasn't sure if there was alcohol in this Adopted Council Minutes Regular Meeting of April 26, 2005 Page 6 of 11 glass). The officer stated that two of the individuals he spoke with earlier, seemed less coherent and understandable then when he was there earlier. In the officer's opinion, these individuals had been drinking and were intoxicated. He explained this case to be heard is a second violation under the ordinance. Therefore, the ordinance outlines a presumptive penalty of $1,000 and five-day stayed suspension for a second violation by an on -sale intoxicating liquor establishment in the Best Practice program. Rick Dutton, owner, stated when the police officers came to the establishment, his cleaning crew was cleaning. He stated the cleaning employees were very upset and emotional due to why the officers were there. He stated they are unsure if the beverages that were noticed were indeed alcohol, and they -could've been from the night before. Councilmember Bildsoe asked Mr. Dutton if he was at the establishment that night. Mr. Dutton replied no. Anne Marie Ross, 14515 13th Avenue North, stated she was there that night cleaning the establishment. She acknowledged that she didn't seem to be coherent later that evening, but that was due to the welfare of her daughter, which was the cause of the call. She stated the caramel colored beverage was probably her diet coke. She stated the beer that the officer observed was hidden by the video game, and it was probably there from the night before. She stated that the police officer had to tell her three times to relax. Jeff Ross, 14515 13th Avenue North, stated he was vacuuming, and they weren't consuming any alcohol. Mayor Johnson asked if alcohol could've been available to him that night. Mr. Ross replied yes. However, they had been through the server training with the Police Department, and they were aware of the agreement that they couldn't consume alcohol. There being no one else wishing to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. Councilmember Black asked why the police didn't do a Breathalyzer test. Police Chief Goldstein replied that in order to test someone, you have to have something more than what's present at the time. There was also an over-riding concern as to why the police officer was there. He acknowledged that this was by observation only, and the officer couldn't attest whether anyone was indeed intoxicated or not. There was no chemical test to support it. Councilmembers Bildsoe and Black stated that based on the police report, there isn't sufficient information to penalize the licensee. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to take no action on this item based on their finding that there is no violation of their Adopted Council Minutes Regular Meeting of April 26, 2005 Page 7of11 liquor suspension. With all members voting in favor, the motion carried. General Business 8.0) Proposed Fitness Studio at Vicksburg Plaza, 1115 Vicksburg Lane, Studio 16 Councilmember Slavik stated she has received calls from the adjacent neighborhood regarding the proposed fitness studio at the Vicksburg Plaza. Marie Blomquist, 3786 63rd Street East, Inver Grove Heights, stated she and Nicole Zivalich own Stripped, which is a new fitness studio for women. She explained the intent of the business is to bring health and wellness to women (emotional, mental, physical, and spiritual). She explained as they considered the marketplace, they found a niche to offer a different type of fitness—sensual dancercise. She stated women are fully clothed. They have chosen to take sensual dancercise and charka training to strip negative energy from women. They looked at sacred dancing and the use of multi -cultural dances for group fitness. She stated there would be no negative connotation to a community. ..She stated in addition to sensual dancing, they would offer classes in pole dancing, hip hop, hula, sensual yoga, belly dancing, flamenco, salsa, and African dancing. She stated the classes would be for women 18 years and older. There would be a Golden Goddess membership for women who are 55 years and older. She noted there would be a boutique where they would be selling books on health and wellness, music CD's, bracelets, hats, T-shirts, sweat clothes, and nutritional supplements. Iona Botts, 1144 Xene Lane North, President of Cimarron Ponds Homeowners Association, stated she became aware of this business last week. She stated literature on its website tends to lead one to believe that there could be different types of dancing. She stated she is concerned about security measures for younger people. She stated this business appears to be more sensual and sexual in nature than what their neighborhood would like to have. In addition, the website appears to be from New York. Nicole Zivalich, 410 Pond Ridge, Wayzata, stated they aren't affiliated with anyone in New York. This is a business specifically for women. She stated they don't use the words "erotic" or "exotic" on their website. There are no strip tease classes. The studio is a sensual experience. She stated they would also rent out their studio for birthdays, corporate parties, etc. Mayor Johnson asked if there would be privacy measures for women while they are dancing. Ms. Zivalich replied the blinds would be closed. She stressed that this is a collective experience that isn't for outside viewing. Mayor Johnson stated this use is permitted in the C-2 District, and she received confirmation that Ms. Blomquist and Ms, Zivalich are the sole proprietors of the Adopted Council Minutes Regular Meeting of April 26, 2005 Page 8of11 business. Councilmember Slavik stated that she hopes this business realizes the sensitivities of the adjacent neighborhood regarding traffic at this location. She assured the adjacent residents that they could contact the Council if they have concerns regarding this business. 8.01) Resolution Approving a Site Plan Amendment to expand the Parking Lot and Conditional Use Permit for a Trade School in the Four Seasons Shopping Center located at 4100-4236 Lancaster Lane (2005015) Community Development Director Hurlburt illustrated the proposed request of CB Richard Ellis and CIP, Inc. for a site plan amendment for a proposed parking lot expansion and conversion of existing parking spaces to compact spaces, and a Conditional Use Permit to allow a trade school to locate in the Four Seasons Shopping Mall. The proposal would allow Prosource Educational Services, which provides licensing and continuing educational classes, to occupy 8,500 square feet on the west side of the shopping center. She stated that she passed out an amended resolution proposed by Councilmember Black, that incorporated language that if additional parking is added, then they would need to remove that amount elsewhere on the site due to the runoff from the parking lot. Robert Rappaport, 111 Excelsior Boulevard, part of the ownership group of Four Seasons Mall, stated the purpose of the additional parking is so that when it gets to the point to leasing the additional 14,000 square feet, it could reserve that area for a tenant to consider locating there. The group wants to be assured that there would be parking in front of its space. Therefore, it needs to dedicate the parking and add the additional parking. He stated that it provides a lease agreement for the park and ride site. He stated perhaps a catch basin could be installed in the new area and then hooked into the existing storm sewer system. He explained that the group is trying to revitalize the shopping center, and it couldn't accommodate Prosource and still allow the other 14,000 square feet to be marketed without the parking area. Mayor Johnson asked if there could be a rain garden on the green space to catch the runoff from the new space. Community Development Director Hurlburt stated it could be possible to have a small detention area. Councilmember Black asked Mr. Rappaport if he would consider canceling the lease agreement for the park and ride site if this request isn't granted. Mr. Rappaport replied he doesn't want to lose Prosource as a tenant, and he needs to be able to have that additional parking to market the other 14,000 square feet. Councilmember Black stated if Mr. Rappaport leased the remainder of the building, he could come to the City and request more parking. She stated she would be happy to Adopted Council Minutes Regular Meeting of April 26, 2005 Page 9of11 consider additional parking at that time if it would be needed. She stated it needs 505 parking spaces, but it is requesting 850 parking spaces. She stated the drainage from this lot goes to the Northwoods Lake. She indicated that in the Bassett Creek Watershed District, an upgrade to the wetland is needed on the south end of this property at an approximate cost of $750,000. Mr. Rappaport stated that he could support a small holding pond on the north part of the property to assist with drainage. Patrick O'Brien, representing Prosource, stated the company is excited to move to this location. He requested that the City and the owner of the Four Seasons Mall work out an agreement to make this happen. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt the amended Resolution that was passed out this evening which approves a Site Plan Amendment to expand the parking lot and a Conditional Use Permit for a trade school in the Four Seasons Shaping Center with the following language added to item 2 of the Resolution "Alternatively, the 40licant shall provide approved Best Management Practices (BMP) storm water treatment for at a minimum, the new lot area being requested." (Res2005-170).: Councilmember Willis stated the Council shouldn't approve a Conditional Use Permit for this business, as the owner should find tenants who are retail establishments. Mayor Johnson mentioned what she perceives to be a success for the retail area at County Roads 101 and 6 where the Minnesota School of Business is located. . There being no further discussion and with all members voting in favor but Willis, the motion carried. The Council took a 10 -minute break. 8.02) Resolution Authorizing a "No Parking During School Hours" Restriction along 33rd Avenue West of Saratoga.Lane and Saratoga Lane from 32nd Avenue North to the Existing No Parking Public Works Director Cote reported that this request for no parking was petitioned by a concerned resident regarding students parking on the street. He stated if this isn't supported 100% by the property owners, he would recommend that this item go back to staff for further review. Ana Grace Plotts, 3235 Saratoga Lane North, stated they don't view the situation as a problem. She stated her concern with the restriction is that if she has more than four cars, which is what her driveway would hold, tickets would be issued to those people parking Adopted Council Minutes Regular Meeting of April 26, 2005 Page 10 of 11 on the street. She stated there isn't a problem as there is only one student parking on the street. Claryce Graham, 3240 Saratoga Lane North, stated she sees no problem with the vehicle being parked there. She stated she doesn't want to have mow around a no parking sign. Motion was made by Councilmember Stein, and seconded by Councilmember Black, to take no action on this item. With all members voting in favor, the motion carried. 8.03) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for 2005 Street Reconstruction Project (5101) Ralph Dorweiler, 15820 7th Avenue North, stated this improvement is needed, but his biggest concern is the amount of the assessment. Finance Director Hahn explained how the City receives the financing for these types of projects and the costs that it also needs to recoup. He stated residents have 30 days to pay their assessment in full after the assessment hearing if that is what they so desire. Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to adopt a Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for 2005 Street Reconstruction Project (5101 - Res2005-171). With all members voting in favor, the motion carried. 8.1) Set Future Study Sessions Motion was made by Councilmember Hewitt, and seconded by Councilmember Slavik, to schedule a Study Session on May 2 at 6:30 p.m. for the purpose of discussing the process to be used for updatin thehe City's Comprehensive Plan. With all members voting in favor, the motion carried. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to schedule a joint meeting with Hennepin County on June 6 at 7:00 p.m. for the purpose of discussion County Road 101. With all members voting in favor, the motion carried. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Hewitt, to schedule a Study Session on May 23 at 7:00 p.m. for the purpose of meeting with North Memorial Health Care on the proposed hospital in Maple Grove. With all members voting in favor, the motion carried. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to schedule Budget Study Sessions on August 29 at 7:00 p.m., September 6 at 7:00 p.m., and September 8 at 7:00 p.m. (if needed). With all members voting in favor, the motion carried. Adopted Council Minutes Regular Meeting of April 26, 2005 Page 11 of 11 Reports and Staff Recommendations 9.1) Legislative Update Updates were provided on the zero depth pool, median barrier, and meth legislation. Mayor Johnson led the Council in a discussion regarding a new Twins Stadium in Minneapolis, and the County Board's consideration on a sales tax within the County to assist in paying for the stadium. She stated that the County Board would be conducting a hearing on May 3 at 1:30 p.m. for the purpose of receiving public comments on the proposal. The Council discussed the issue; a few comments that were made included: 1. The Governor couldn't raise the gas tax without a referendum, but could consider the stadium proposal without a referendum. 2. Plymouth's past practice has been to conduct referendums for non-essential items i.e. open space acquisition, the Plymouth Creek Center, the Plymouth Ice Center). Therefore, these types of projects should require citizen input. 3. Metropolitan Council has been requested to cut transportation funding, yet the State would consider constructing a baseball stadium 4. Taxes shouldn't be increased for this type of project. 5. Transportation and social services need additional funding rather than being reduced. Motion was made by Councilmember Slavik and seconded by Councilmember Bildsoe, to direct staff to send a letter to the Henngin County Board incorporating all the concerns mentioned above. With all members voting in favor, the motion carried. Adiournment Mayor Johnson declared the meeting adjourned at approximately 10:35 p.m. andra R. Paulson, City Clerk