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HomeMy WebLinkAboutCity Council Minutes 01-27-2004Adopted Minutes Regular Council Meeting January 27, 2004 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 January 27, 2004. COUNCIL PRESENT: Mayor Johnson, Councilmembers Stein, Slavik, Hewitt, and Neset. ABSENT: Councilmembers Bildsoe and Black. STAFF PRESENT: City Manager Ahrens, Fire Chief Kline, Community Development Director Hurlburt, Park and Recreation Director Blank, Finance Director Hahn, Public Works Director Faulkner, Police Chief Gerdes, Recreation Supervisor Greupner, Captain Goldstein, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum Chad Dunkley, 4580 Queensland Lane North, stated he is Chief Operating Officer for New Horizon Childcare, which previously had a location at 15100 County Road 6. He voiced his disappointment that the Council would be taking action this evening to deny the David Lee Funeral Home's proposed project consisting of a mausoleum and memorial garden at this location. He requested that the Council reconsider their request. He explained they currently pay rent at this property, and the options for redeveloping this site are very limited. He stated the size of the building could be changed, there wouldn't be any problems with snow removal, and this location wouldn't have an adverse effect on children with its close proximity to the park. He noted that City staff had suggested that a good use for this site would be a religious institution. He stated they don't want to pay rent for an empty building, and due to the Council's action, this property has no valuable use. There had been previous discussions on small retail (i.e. flower shop) and coffeehouse, but those uses wouldn't be feasible. Craig Gass, 4585 Norwood Lane, part owner of the property and realtor, stated when they started marketing the property, he received a copy of the zoning and permitted uses for the property, and he also met with City staff. He reiterated that a coffeehouse, flower shop, or basically anything retail, wouldn't acceptable. Mayor Johnson stated the Council would have the opportunity to remove the denial of the application from the Consent Agenda, in order to reconsider, by request of the one of the Councilmembers on the prevailing side. She agreed that this is a very difficult site to redevelop. However, the Council would review other uses for this site, and as a property owner, they could request rezoning and reguiding of the site. Adopted Council Minutes Regular Meeting of January 27 2004 Page 2 of 13 City Attorney Knutson echoed Mayor Johnson's comments. Mayor Johnson commented that she and Councilmember Stein met with the property owners of this site since the previous Council meeting to discuss options for the property. She indicated the Council's desire to work with the property owner. Presentations and Public Information Announcements 4.01) Oath of Office to Captain Dreelan and Firefighters Altorfer, Evans, Halvorsen, and Spencer City Clerk Paulson administered the Oaths of Office to Captain Dreelan and Firefighters Altorfer, Evans, Halvorsen, and Spencer. Oath of Office to Police Officer Dorfsman This would be rescheduled for a future Council Meeting. Proclaim February "We Care About Kids Month" Mayor Johnson read a Proclamation declaring February as "We Care About Kids Month." Recreation Supervisor Greupner added that artwork from the area youth would be on display during the month of February at the Plymouth Creek Center. Announcement of Fire and Ice Recreation Supervisor Greupner reported on this year's Fire and Ice Festival to be held on February 7. She also noted Plymouth Community Theatre's production of "Love Letters" on February 1, 5, an 7 at the Plymouth Creek Center. Approval of Agenda Motion was made by Councilmember Slavik, and seconded by Councilmember Stein, to approve the agenda. Mayor Johnson requested a friendly amendment to the motion to amend the agenda to include an update on the threats that occurred in October at the Wayzata High School as item No. 9.1 under Reports and Staff Recommendations. This amendment was accepted. With all members voting in favor, the motion carried. Adopted Council Minutes Regular Meeting of January 27 2004 Page 3 of 13 Consent Agenda Mayor Johnson noted minor changes to the Special Meeting minutes of January 13. Councilmember Hewitt removed item No. 6.11, and it was placed under General Business as item No. 8.3. Motion was made by Councilmember Slavik, and seconded by Councilmember Stein, to approve the amended Consent Agenda, which included the following items: 6.01) Minutes from the Special and Regular Meetings of January 13, 2004. 6.02) Resolution Approving Disbursements for the Period ending January 16, 2004 (Res2004- 030). 6.03) Resolution Approving the Professional Services Agreement between City of Plymouth and Bonestroo, Rosene, Anderlik and Associates, Inc. for the Vicksburg Lane Reservoir and Pumping Station Project (3108 — Res2004-031). 6.04) Resolution Finding No Objection to Lawful Gambling Exemption for Pilgrim Lane Elementary PTO (Res2004-032). 6.05) Resolution Finding No Objection to Lawful Gambling Exemption for Oakwood Elementary School PTA (Res2004-033). 6.06) Resolution Approving a Preliminary and Final Plat for Banner Engineering Corp. for Construction of a 48,000 square foot Research and Development Building located at 9714 10th Avenue North (2003118 — Res2004-034), and a Resolution Approving Site Plan Amendment, Interim Use Permit, and Conditional Use Permits for Banner Engineering Corp. for a 48,000 square foot Research and Development Building for Property located at 9714 10"' Avenue North 2003118 — Res2004-035). 6.07) Resolution Approving a Conditional Use Permit for Bertsbest.Com, for Property located at 800 Berkshire Lane North (2003127 — Res2004-036). 6.08) Resolution Approving a Conditional Use Permit for Bargainjims.Com, Inc. for Property located at 3600 Holly Lane North (2003131 — Res2004-037). 6.09) Resolution Approving Site Plan Amendment and Variance to allow a Garage Door and a 9 -foot Drive Aisle Setback, where 15 feet is required, for a Loading Area located at 15020 27th Avenue North (2003134 — Res2004-038). Adopted Council Minutes Regular Meeting of January 27 2004 Page 4 of 13 6.10) Resolution Approving the Agreement for Joint and Cooperative Use of Fire Personnel and Equipment (Res2004-039). 6.11) (This item was removed and placed under General Business as item No. 8.3). 6.12) Resolution Approving the Purchase of One New Hydro JetterNacuum Combination Unit Res2004-040). 6.13) Resolution Approving Payment to Senior Community Services (Res2004-041). 6.14.1) Resolution Approving Acceptance of Utilities and Streets for Continual Maintenance for Bass Creek Business Park 4th Addition (98097 — Res2004-042). 6.14.2) Resolution Approving Acceptance of Streets for Continual Maintenance for the Reserve 20092 — Res2004-043). 6.14.3) Resolution Approving Acceptance of Streets for Continual Maintenance for the Reserve Second Addition (2002054 — Res2004-044). 6.15) Resolution Authorizing the Mayor and City Manager to enter into an Agreement with Hennepin County Human Services Department for the Potential Use of City Facilities (Res2004- 045). 6.16) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for 2003 Removal and Destruction of Diseased Trees, Roll 1 (Res2004-046), and a Resolution Establishing Public Hearing on Proposed Assessment for 2003 Removal and Destruction of Diseased Trees, Roll 1 (Res2004-047). 6.17) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for 2003 Weed Eradication and Destruction, Roll 2 (Res2004-048), and a Resolution Establishing Public Hearing on Proposed Assessment for 2003 Weed Eradication and Destruction, Roll 2 (Res2004-049). 6.18) Resolution Authorizing "No Parking" Restriction on South Side of 38th Avenue at Quaker Lane (Res2004-050). 6.19) Resolution Awarding Bid for Well No. 15 Drilling Project (2039 — Res2004-051). 6.20) Resolution Approving Change Order No. 2 for Schmidt Lake Road/Vicksburg Lane Signal and Utility Improvements (3116 — Res2004-052). 6.21) Resolution Designating Funding for Public Improvement Projects (Res2004-053) Adopted Council Minutes Regular Meeting of January 27 2004 Page 5 of 13 6.22) Resolution Denying a Conditional Use Permit, Sit Plan and Variances for David Lee Funeral Home for a Mausoleum and Memorial Garden for Property located at 15100 County Road 6 (2003115 — Res2004-054). Councilmember Hewitt registered a no vote for item No. 6.22. Councilmember Slavik stated regarding item No. 6.22, she doesn't feel the proposed use would be a good fit for this site. She reiterated the Council's willingness to work with the property owners on other proposals for redeveloping this site. The motion carried to approve the Consent Agenda. Public Hearings 7.1) Compliance Hearing for Panchero's Mexican Grill Captain Goldstein reported on the first time alcohol compliance check violation for Panchero's Mexican Grill, 413 Berkshire Lane. He explained the licensee is a member of the Best Practices Program, and following the administrative hearing, the licensee requested a hearing before the Council. He stated the presumptive penalty for this violation is $500. Mayor Johnson opened the public hearing for testimony. Captain Goldstein discussed the violation that occurred on October 10, 2003 when the employee of the establishment sold alcohol to an undercover buyer, after viewing the Minnesota drivers license provided by the buyer that clearly indicated that the buyer was under the age of 21. The sale was made, but the undercover buyer never received a receipt. The employee stated that this was his first night working at the cash register, and he wasn't familiar with identification verification. The employee appeared in district court and paid a fine of $350. The employee informed the police officer that he was to attend identification training the following week. Jim Stasik, managing partner of Panchero's, explained they are a small and locally owned business, and they don't intend to sell alcohol to minors. Their business is selling fresh food and only liquor as a convenience. He requested that the Council exercise leniency on the fine, as they are a start-up business. Mayor Johnson asked Mr. Stasik if he is aware of the penalty grid for Best Practices establishments. Mr. Stasik replied yes. Mayor Johnson stated since they are a member of the Best Practices program, and this is their first violation, there would be the presumptive penalty of $500 but no suspension of the license. Adopted Council Minutes Regular Meeting of January 27 2004 Page 6 of 13 Councilmember Stein asked why the employee hadn't been trained in checking identifications. Mr. Stasik replied this was the employee's first week, and he was scheduled to attend training the following week. Mayor Johnson voiced her concern that there was an employee, who wasn't trained in checking identifications, operating the cash register. She stated this places the business in a very vulnerable position to sell alcohol to minors. She stressed that employees must be trained in checking identifications. Mr. Stasik explained that every employee who operates the cash register is trained. He discussed their internal compliance checks that employees need to pass before they can operate the cash register. He stated he believes the employee was very nervous when the violation occurred and didn't state that he had internal training on checking identifications. There being no one else wishing to address the Council, Mayor Johnson declared the public hearing closed. Motion was made by Mayor Johnson, and seconded by Councilmember Neset, to adopt a Resolution Imposing a $500 Civil Penalty Against Panchero's Mexican Grill for Liquor Compliance Check Violation (Res2004-055). Mayor Johnson stated the licensee provided no information to the Police Department that verified that the employee had received training on checking identifications. She reiterated the importance of employees being trained in this area. Councilmember Slavik stated the Council has been very consistent in imposing fines and suspensions for compliance check violations. She asked if the licensee would still remain in the Best Practices Program since they failed the compliance check. Captain Goldstein replied yes, and staff would work with them on an extensive employee training program. There being no further discussion and with all members voting in favor, the motion carried. 7.2) Vacation of Utility and Drainage Easements within Lots 1-4, Block 1, Hughston Addition Public Works Director Faulkner illustrated the proposed Vacation request to vacate all utility and drainage easements and setting conditions for recording the Vacation within Hughston Addition. He explained the request is due to the consolidating of all four lots of Hughston Addition for the construction of a CVS Pharmacy Store. Prior to recording the Vacation, new drainage and utility easement documents would need to be submitted and accepted by the City for recording at the County. Mayor Johnson opened the public hearing for testimony. Adopted Council Minutes Regular Meeting of January 27 2004 Page 7 of 13 There being no one present to address the Council, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Hewitt, and seconded by Councilmember Slavik, to adopt a Resolution Authorizing the Vacation of Drainage and Utility Easements within Block 1 of Hughston Addition and within that Part of the N '/2 of the SE'/4 of the NE '/4, Section 18-118-22 Res2004-056), Resolution Setting Conditions to be Met Prior to Filing of Resolution No. 2004- 056, Vacating Drainage and Utility Easements within Block 1 of Hughston Addition (Res2004- 057). With all members voting in favor, the motion carried. 7.3) Vacation of Drainage Easement for Ponding Purposes within Lot 1, Block 1, Mallard Pointe Public Works Director Faulkner illustrated the proposed Vacation request to vacate the ponding easement and setting conditions for recording the Vacation within Lot 1, Bloc, of Mallard Pointe Addition. He explained that four of the 15 Parkers Lake Apartment buildings encroach upon the ponding drainage easement. In conjunction with vacating this easement, Principal Life Insurance Company would grant a substitute drainage easement that would provide area for storm water storage to the 928.4 high water level of the pond. Prior to recording the Vacation, a new ponding easement would need to be submitted and accepted by the City prior to recording at the County. Mayor Johnson opened the public hearing for testimony. There being no one present to address the Council, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Hewitt, and seconded by Councilmember Slavik, to adopt a Resolution Authorizing the Vacation of Drainage Easement for Ponding as Platted within Mallard Pointe (Res2004-058), and a Resolution Setting Conditions to be met prior to the Filing of Resolution No. 2004-058, Vacating Ponding Easement within Lot 1, Block 1, Mallard Pointe Res2004-059). With all members voting in favor, the motion carried. General Business 8.1) Consider Ordinance Amending Regarding Snowmobile Regulations Police Chief Gerdes explained in 1994, the Council appointed a Snowmobile Task Force to research the issue of safe operation of snowmobiles within the City and make recommendations. In 1995, the Ordinance was updated. Members of the Snowmobile Task Force were appointed for a two-year period. In 1997, the Public Safety Advisory Board was designated as replacing the Snowmobile Task Force on any continuing issues. Adopted Council Minutes Regular Meeting of January 27 2004 Page 8 of 13 In 1995, a petition process was approved for citizens attempting to have a residential street approved for snowmobile operation. After review by the Public Safety Advisory Board, a recommendation would be made to the Council. He stated that the City Manager received an inquiry from a resident who has several concerns about snowmobile operation within the City. In reviewing the ordinance, staff noted that the current ordinance could be updated to allow the petition process to also eliminate routes. He stated the Public Safety Advisory Board has also been disbanded, so the Police Department would review the petitions. Councilmember Hewitt asked if the City is signing the snowmobile trails in the City. Police Chief Gerdes replied the Department of Natural Resources works in cooperation with the local snowmobile club. He noted that there have been very few issues or concerns regarding snowmobiles the past few years. Councilmember Slavik stated the ordinance currently requires that 70% of the households requesting snowmobile trails sign the petition, and this percentage is proposed to remain the same for those residents seeking to rescind trails. However, the Council would still make the final determination on whether the trails would be added or deleted. Councilmember Hewitt asked how it is communicated to the public where the trails are located in the community. Police Chief Gerdes stated that the Police Department provides information, and information is contained on the City's website. Councilmember Hewitt asked if the Council should consider forming a task force to study the snowmobile ordinance. Police Chief Gerdes replied the Police Department would continue to investigate any complaints, but he suggested that if the Council desires to review the entire snowmobile ordinance, that task be undertaken during the off-season for snowmobiling. Mayor Johnson asked if there would be a snowmobile trail that clearly becomes unsafe, would it be necessary for the 70% threshold petition process. Police Chief Gerdes replied the Council has the authority to remove a trail without the petition. Mayor Johnson commented that she doesn't feel the threshold should be so great to remove a trail. Councilmember Slavik requested that the Police Department contact the resident who brought this to the Council's attention. Councilmember Stein stated that he would be concerned about lowering the percentage threshold to rescind a trail, as he would like to see a majority of the neighbors in favor. David Frenkel, 4820 Narcissus Court, stated with the City becoming more urban, there is a public safety issue with the illegal operation of snowmobiles on trails, roads, and pedestrian Adopted Council Minutes Regular Meeting of January 27 2004 Page 9 of 13 trails. He has previously reported snowmobilers that were riding in areas, which are prohibited, but the Police Department indicated that it's very difficult to catch them. He stated that he utilizes the City trails year around, and he doesn't want to be confronted by snowmobilers. He noted that the information on the City's website regarding the use of snowmobiles in the community is very outdated. He requested that there be a moratorium on snowmobile usage. Mayor Johnson stated she believes the snowmobile ordinance needs to be reviewed again as well as the use of all terrain vehicles. She acknowledged that the City doesn't have the staffing and manpower to catch all violators. She stated a moratorium wouldn't be feasible. Park and Recreation Director Blank noted there are some cases, such as with Old Rockford Road, where there were rural type ditches for snowmobile usage. However, the City constructed a public asphalt trail in 2003 so that is now prohibited. Councilmember Hewitt asked if staff has noticed any damage to the trails due to snowmobile or all terrain vehicle usage. Park and Recreation Director Blank replied no, as there hasn't been much use of the snowmobiles due to the lack of snowfall. Councilmember Slavik stated she has received phone calls regarding trail damage near Parkers Lake. Park and Recreation Director Blank stated that snowmobilers are allowed to use the lake, and they have to cross the trails and County Road 6 to gain access to the lake. Terrie Christian, 9910 South Shore Drive, stated she agrees with Mr. Frenkel. She noted that every year there are snowmobilers who ride on Medicine Lake that come across the southeast beach and trail to gain access to the lake. She stated that there has been damage to the asphalt trail. She stated she has never reported snowmobilers as they are traveling at excessive speeds, and the Police Department would be unable to catch them. Councilmember Hewitt suggested that based on the comments that have been heard this evening, perhaps the Council should reconvene the Public Safety Advisory Board or establish a task force. Mayor Johnson stated if this more of a safety issue, the Police Department should review the ordinance and make recommendations to the Council. Councilmember Stein agreed with Mayor Johnson. Councilmember Stein requested that the City trails be reviewed to determine whether sections should be added or removed, as well as methods to enforce the ordinance. Adopted Council Minutes Regular Meeting of January 27 2004 Page 10 of 13 Councilmember Hewitt stated it would also be helpful to know what adjacent communities' regulations are for snowmobiles, where they are permitted, and enforcement. She requested that the Council schedule a study session to receive public input. The Council requested that staff begin preparing such a report. Councilmembers Bildsoe and Black would be contacted in order to receive their comments. Motion was made by Councilmember Stein, and seconded by Councilmember Slavik, to take no action on the Ordinance. Councilmember Hewitt voiced her support for the Ordinance. Councilmembers Stein and Slavik withdrew the motion. Motion was made by Councilmember Hewitt, and seconded by Councilmember Neset, to adopt an Ordinance Amending Chapter XIII of the Plymouth City Code Concerning Snowmobile Regulations (Ord2004-04). Councilmember Slavik stated she wouldn't support the motion as she feels the Council should first conduct the study session in order to receive input from residents and Councilmembers Bildsoe and Black who are absent this evening. Motion was made by Mayor Johnson to amend the main motion that in order to rescind a snowmobile trail, there would need to be 30% of the residents in support versus the 70% proposed in the Ordinance. This motion failed for lack of a second. Motion was made by Councilmember Stein, and seconded by Councilmember Slavik, to call the question. With all members voting in favor, the motion carried. The Council voted on the main motion and with all members voting in favor but Slavik, the motion carried. 8.2) Consider Flood Improvement Project Funding Finance Director Hahn reported at the January 20, 2004 Special Council meeting, the Council directed staff to propose funding options for various flood improvement projects. He discussed the staff report contained in the packet materials on those funding options. Mayor Johnson stated she is uncomfortable in making any decisions at this evening's meeting, as she is unsure if the Council is prepared to approve funding options, and Councilmembers Bildsoe and Black are absent. She asked if any of the projects would be delayed if this item were to be postponed for one month. Public Works Director Faulkner replied the work would probably Adopted Council Minutes Regular Meeting of January 27 2004 Page 11 of 13 begin in the summer rather than the spring, and there could be additional costs. He stated the engineer wouldn't be preparing any plans until there is funding in place. Finance Director Hahn commented that the flood improvement projects recommended to date are expected to cost approximately $220,300, and he is very comfortable that there would be funding for those costs. He noted that additional funding would likely be needed for two or three other sites still being studied. Councilmember Hewitt stated she would be very concerned if the projects couldn't be completed until summer as there could be flooding in the spring. City Manager Ahrens stated at the February 10 Council Meeting, the Council would be provided with the names of residents who have indicated a desire to serve on the Pond Task Force. Councilmember Stein suggested that staff obtain proposals from engineers so the City would know what their costs are going to be and how their costs would be paid for. Councilmember Slavik stated she doesn't support using the surface water management fee funds for these projects. She stated the Council isn't looking at the "whole picture," and what if only a portion of the projects were undertaken, and there was only a limited amount of funding available. Mark Wollschlager, 4785 Valley Forge, voiced his support for an increase in the surface water management fee. He explained that his home was one of the homes that flooded in 2003, and they incurred approximately $25,000 in damages. Terrie Christian, 9910 South Shore Drive, stated that there are other properties in the City that have been flooded, other than those in 2003, which the City needs to review based on previous policies. She illustrated an area near her home where there is flooding as well as the drainage from an industrial property's parking lot. She also stated that the Council needs to review the whole issue of surface water. She stated she is concerned that the funding be reviewed carefully as to what the dedicated funds were originally intended for. She suggested that the City review funding issues on a case-by-case basis. She noted that if residents have constructed homes in a lower area, they should be held responsible. Don Maxwell, 2630 East Medicine Lake Boulevard, stated his property is on a hill, and he also had flooding in his basement in 2003, but he doesn't expect the City to be responsible for that. He agreed with Ms. Christian that the City needs to review these types of items on a case-by-case basis. Mayor Johnson stated water quality, flood control, and pond cleaning are all issues that are related and need funding. The Council needs to take a broad look in how they all work together. Adopted Council Minutes Regular Meeting of January 27 2004 Page 12 of 13 If it would involve an increase in the surface water management fee, the Council would need to review that. She noted that there could be "no end in sight" with a fee increase. Motion was made by Councilmember Slavik, and seconded by Councilmember Neset, to table this item to March 9 in order to receive a complete report for all areas that are being studied and have the Pond Task Force meet prior to that time, Mayor Johnson asked when residents report flooding problems, how does staff determine what is the City's responsibility and what is the property owners' responsibility. Public Works Director Faulkner replied if the problem would be associated with the City's public drainage system, staff would need to review it. Councilmember Hewitt stated she wouldn't support the motion. She stated she supports the fifth option in the staff report, which is to delay this issue until the February 24 Council meeting, at which time the 2003 general fund surplus would be better known for the five initial properties Mayor Johnson stated this is an equity issue for her. She also asked what would occur if the Council decided to fund all five of the projects and couldn't fund the latest two properties that have been added. In addition, if the City were to use the surface water management fee, there could be an endless need for those funds. Councilmember Stein agreed with Mayor Johnson. He stated addressing the funding issue would be one of the major tasks for the Pond Task Force to review, and he noted the reports on the final two properties would be available for the March 9 Council meeting. Councilmember Hewitt stated in regards to Site 1 (Weston Lane west of Vicksburg Lane and north of County Road 6) in the staff report, she requested that the Council fund this improvement immediately. She stated purchase of this property was previously in the Capital Improvement Plan for approximately $200,000, and to repair the problem would be approximately $75,000. Mayor Johnson stated that she would support funding this improvement Councilmember Slavik stated the problems associated with this property was not the result of the 2003 storms. Motion was made by Councilmember Slavik, and seconded by Councilmember Neset to amend the main motion to fund the improvement for Site 1 with the option presented in Option 5 of the staff report. With all members voting in favor, the motion carried. The Council voted on the amended motion and with all members voting in favor, the motion carried. 8.3) Acceptance of Annual Report on Lawful Gambling Adopted Council Minutes Regular Meeting of January 27 2004 Page 13 of 13 Police Chief Gerdes provided the annual report on lawful gambling. Motion was made by Councilmember Hewitt, and seconded by Councilmember Slavik, to accept the report. With all members voting in favor, the motion carried. Reports and Staff Recommendations 9.1) Update on Threats received at Wayzata High School in October 2003 Police Chief Gerdes provided an update to the Council on threats that were made by a 17 -year- old individual at the Wayzata High School in October 2003. Adiournment Mayor Johnson declared the meeting adjourned at 9:36 p.m. Sandra R. Paulson, City Clerk