HomeMy WebLinkAboutCity Council Minutes 05-25-2004Adopted Minutes
Regular Council Meeting
May 25, 2004
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 May 25, 2004.
COUNCIL PRESENT: Mayor Johnson, Councilmembers Hewitt, Slavik, Stein, Black, Neset, and
Bildsoe.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, Fire Chief Kline, Community Development Director
Hurlburt, Public Works Director Faulkner, Park and Recreation Director Blank, Police Chief
Goldstein, City Attorney Knutson, and Deputy City Clerk Hoffman.
Plymouth Forum
No one was present to address the Council).
Presentations and Public Information Announcements
4.01) Recognize Plymouth Human Rights Student Commissioners
Human Rights Commissioner Jeff Westbrook and Councilmember Hewitt presented certificates of
appreciation to Human Rights Commissioners Nicole Jin, Alyssa Kuglin, Demarcus Suggs, and Anay
Bedi for their work on the 2004 Plymouth Human Rights Commission Student Workshop.
Approval of AEenda
City Manager Ahrens recommended removal of Item 8.3 from the agenda. She reported that the City
has received a lengthy correspondence, which merits consideration, and suggested placing the item
on the agenda for either the meeting of June 8 or June 22.
Councilmember Black requested the addition of an item to schedule study sessions. Mayor Johnson
stated this item would be removed and placed under General Business as item No. 8.4.
Motion was made by Councilmember Black and seconded by Councilmember Stein to approve the
amended a egnda. With all members voting in favor, the motion carried.
Consent Agenda
Councilmember Bildsoe requested removal of Item 6.15 for additional discussion. Mayor Johnson
stated this item would be removed and placed under General Business as item No. 8.5.
Councilmember Slavik requested removal of Item 6.16 from the consent agenda. Mayor Johnson
stated this item would be removed and placed under General Business as item No. 8.6.
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Regular Meeting of May 25, 2004
Page 2 of 11
Councilmember Black requested that Item 6.18 be made available to the Surface Water Task Force at
its May 26 meeting.
Councilmember Slavik complimented staff on Item 6. 12. She said it was good to see cost-saving
safety -conscious plans implemented in the water treatment plant improvement. She also requested
that staff encourage the pursuit of charging costs back to future City projects, as on Item 6.19.
Councilmember Bildsoe noted that he would register a no vote on Item 6.07. He also said he would
register an abstention on Item 6.20, because he serves on the board of Interfaith
Outreach/Community Partners. Mayor Johnson thanked him, and noted that, in this instance
abstention was not required, but noted. She noted that at the City budget study sessions for 2005,
Councilmembers and staff should evaluate support levels for various agencies.
Motion was made by Councilmember Black, and seconded by Councilmember Stein, to approve the
amended Consent Agenda, which included the followingitems: ems:
6.01) Minutes from the Regular Meeting of May 11.
6.02) Resolution approving disbursements for the Period ending May 14, 2004 (Res2004-190).
6.03) Resolution awarding the contract for insurance for the 2004/2005 Insurance Program
Res2004-191).
6.04) Resolution approving variances for front and side yard setback for construction of a garage
addition at 11420 49`h Place North (2004033 — Res2004-192).
6.05) Resolution approving a site plan amendment and variance for the construction of a
playground area in the front yard for Plymouth Presbyterian Church located at 3755 Dunkirk Lane
North (2004034 — Res2004-193).
6.06) Resolution revising and replacing Resolution 2003-434, filed with the Hennepin County
Recorder on December 11, 2003 as Document Number 8249263, which revised and replaced
Resolution 2003-423 approving a site plan and conditional use permit for Family Hope Services for
property located at the southeast comer of County Road 101 and 40`h Avenue North (2003002 —
Res2004-194).
6.07) Resolution Awarding Bid for the 2004 Seal Coat Program (Res2004-195).
6.08) Resolution Approving Encroachment Agreement for Storm Sewer Construction at 9700 37`h
Place North (Res2004-196).
6.09) Resolution setting new Ice Arena fees (Res2004-197).
6.10) Resolution adopting the official park name for Reserve Neighborhood Park (Res2004-198).
6.11) Resolution approving final release of Financial Guarantee for Sugar Hills 4`h Addition
Res2004-199).
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Regular Meeting of May 25, 2004
Page 3 of 11
6.12) Accepting the 90% Preliminary Design Report and directing the consultant to proceed with
the preparation of final design plans.
6.13) Resolution approving plans and specifications and authorizing bid for the Nathan
Lane/Highway 55 Service Road Trail Project (Res2004-200).
6.14) Resolution consolidating park dedication funds (Res2004-201).
6.15) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.5).
6.16) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.6).
6.17) Setting study sessions on the proposed 2005 budget and the proposed 2005-2009 Capital
Improvement Program (CIP).
6.18) Resolution approving plans and specifications and ordering advertisement for bids, Met
Council Environmental Partnership Grant (Res2004-202).
6.19) Resolution approving a lease agreement between Aero Systems Engineering, Inc. ("Lessor")
and the City of Plymouth ("Tenant") (Res2004-203).
6.20) Resolution authorizing the Mayor and City Manager to enter into service agreements with
social service agencies for 2004 (Res2004-204).
The motion carried to approve the Consent Agenda.
General Business
8.1) On—Sale and Sunday Intoxicating Liquor Applications for Richard Dutton, d/b/a
Dutton's Bar & Grill, 1115 Vicksburg Lane
City Manager Ahrens reviewed the process for the on—sale and Sunday intoxicating liquor license
application from Richard Dutton at 1115 Vicksburg Lane. She stated that the Council's motion to
approve the application with a condition that no amplified music could be played at any time was on
the table, and that the item had been tabled so that staff and the applicant could meet with neighbors.
She noted that the notes from that meeting were included in the staff report before the Council. She
said that four options are being presented: 1) to approve the application with the conditions applied to
the previous owner; 2) the motion on table that would ban any amplified music; 3) three conditions
developed from comments at the meeting with neighbors. These are: a) no outdoor searing, b) limited
hours of operation; c) restriction of amplified music or sound to radio, television, compact disc
players, and juke boxes which must not be heard beyond ten feet from the interior of the premises; or
4) deny the license and provide findings of fact at the next Council meeting.
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Regular Meeting of May 25, 2004
Page 4 of 11
City Manager Ahrens reported that an additional suggestion of a sound wall, was considered but
deemed unfeasible, and would not affect sound. Staff has been unable to conclude how to address
any conditions on parking or traffic. She said that parking is sufficient for the zoned commercial
area. She said Police department responses to noise have not led to any conclusions on how to
address or enforce that issue.
She said to consider a fine, suspension, or revocation of the liquor license, if the conditions approved
for the license are violated, the City could order a public hearing, similar to violations of sales to
minors. She said staff is looking for direction on how soon a violation should come back to the
Council for a hearing.
Councilmember Black asked if bringing a first offense back to the Council would be in conformance
of the Best Management Practices Program. Attorney Knutson responded that the penalties grid for
the Best Practices Program only applies to violations relating to the sale of liquor to a minor, and that
neighbor complaints and noise violations are not on the grid.
Councilmember Slavik asked about enforcement of the operation hours listed in condition (b) of
option 3, when the business could apply to the State Alcohol Control Offices for a 2 a.m. closing.
Attorney Knutson responded that the operation hours would be specific restrictions to the license. He
added the restriction would close the business, not just stop selling liquor.
Gerry Cochran, 1051 Weston Lane, requested a clarification on the owner's previously announced
interest in having karaoke and how that would affect the license. Attorney Knutson responded that
the option currently on the table, option 2 prohibits any sounds using amplified speakers, including
television, and radio.
Gary Quinn, 1044 Yuma Lane, stated that he finds the strip mall very convenient. He said he has
lived in Cimarron Ponds for 16 years. He said he inquired at the golf center across the street from the
restaurant, and that the management and employees, as well as clients, had expressed an interest in
having a place to eat and have a beer after golf. He said he would be in favor of option 3. He noted
that he lives near the Cimarron Ponds pool, and that during summer months; he gets noise from that
until ten p.m. He said he just closes windows and turns on the air conditioner.
Richard Dutton, 10100 Elliott Avenue South, Bloomington, is the owner. He asked how the
conditions in Option 3 were developed. Mayor Johnson responded that the option came out of issues
discussed at the May 19 meeting with neighbors. Mr. Dutton replied that he doesn't need karaoke or
live music, but he would like to have television or radio played in the restaurant. He asked for
clarification of the restrictions on the distance sound could be heard from the building.
Councilmember Slavik stated that she is interested in seeing earlier closing times. She said the
problem is not just sound or amplification from the restaurant, but people coming and going in the
parking lot, and related noises in the parking lot. She believes earlier closing hours would reduce
noise earlier for the residents' sake. She suggested that if the restricted hours of operation don't work
for the applicant, then the property owner should seek possible owners willing to comply with noise
restrictions.
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Regular Meeting of May 25, 2004
Page 5 of 11
Police Chief Goldstein noted that there have not been parking lot related noise complaints at the site
since Wayzata High School moved to its present location. He said that the Luce Line Trail is closest
location from which noise complaints have come.
Councilmember Slavik stated that while no complaints might have been made, neighbors have raised
that as an issue.
Mayor Johnson stated that the Council is looking for reasonable limitations on the restaurant given
the neighborhood setting and based on the stated issues from past owners. She said the Council wants
to balance the needs of a business with the needs of the neighborhood. She noted that Option 2 is
before the Council. She said that because zoning issues have been discussed in detail for this
location, the Council will be considering zoning issues as a separate item on the agenda.
Motion was made by Councilmember Slavik, seconded by Councilmember Black, to substitute
Option 3 in place of Option 2 for consideration.
Councilmember Slavik stated that she had struggled between Option 3 and 4, to deny the license;
because she feels they need something to work in a neighborhood setting. She said she thinks the
conditions in Option 3 are reasonable. She said she would not be opposed to a complete denial of the
license but doesn't believe there would be enough support for that from the Council. She said should
consider how many violations to allow at a site before considering the revocation of a liquor license.
Councilmember Black stated that she liked most of the option 3 resolution. She said she believes it is
reasonable to allow the restaurant to stay open later than midnight on Friday and Saturday.
Motion was made by Councilmember Black, seconded by Councilmember Hewitt, to amend
condition (b) in Option 3 to allow the restaurant to remain open until 1 a.m. on Friday and Saturday,
with 11 p.m. Monday through Thursday and 10 p.m. on Sunday.
Councilmember Hewitt said that she agreed with the later weekend closing, and would support an
even later closing on Sunday as well. She said she believes the coordinating factor is the golf course.
Mayor Johnson advised the Council to be concerned on placing earlier closing hours on the
restaurant. She noted that under the proposed hours, patrons would not be able to view Minnesota
team sporting events on television that are transmitted from the western time zone.
Councilmember Slavik stated that she won't support the amendment, because the way to control the
noise from patrons leaving the site would be to control the closing times.
Councilmember Neset stated that he agrees with Councilmember Slavik, and is have difficulty
favoring a bar & grill in this neighborhood setting.
Councilmember Stein stated that if the Council restricts the hours of operation, then it effectively
denies the license. He said he is not in favor of restricting business hours.
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Regular Meeting of May 25, 2004
Page 6 of 11
Mayor Johnson noted that if the Council doesn't believe this sort of use is acceptable for the site, it
shouldn't regulate the use through this liquor license. She said the owner hasn't proven that he would
be a problem operator; the Council should keep this separate from zoning issues.
Councilmember Slavik said she would support a zoning change, but believes the site use is
grandfathered in so some business could come in within six months and still be eligible to apply for a
liquor license.
Mr. Dutton said he understood the Council's struggle with the issue. He stated he wants to work with
the City, but doesn't want to feel handcuffed by restricted hours.
The Council voted on the motion to amend condition (b) in Option 3 to allow the restaurant to remain
open until 1 a.m. on Friday and Saturday, with 11 p.m. Monday through Thursday and 10 p.m. on
Sunday. With Councilmember Hewitt voting in favor, and Councilmembers Slavik, Stein, Black,
Neset, Bildsoe, and Mayor Johnson voting against, the motion failed.
Motion was made by Councilmember Stein, seconded by Councilmember Bildsoe to restrict the
closing hours to midnight on Sunday through Thursday, and 1 a.m. on Friday and Saturday.
Councilmember Bildsoe noted that the business owner says that is what he needs to stay in business.
The Council voted on the motion to amend (b) in Option 3 to allow the restaurant to remain open
until midnight on Sunday through Thursday, and 1 a.m. on Friday and Saturday. With
Councilmembers Stein, Black, Bildsoe, and Mayor Johnson voting in favor, and Councilmembers
Hewitt, Slavik, and Neset voting against, the motion passed.
Councilmember Black said she hesitantly voted yes, but would like to have some stricter guidelines
on when violations would come before the council. She said she would like the Council to know of
first violations at least by voicemail. She said she would vote for approval of the license, but wants
tight rules on dealing with complaints.
Councilmember Stein said the City needs to be alert not only to problems inside, but also to noise
problems in the parking lot.
Attorney Knutson observed that the City would need to establish a connection between noise
generated in the parking lot and in the establishment.
Councilmember Stein asked what latitude the City has in tying the noise of departing patrons to the
owner's license? Attorney Knutson said that the approval or denial of the license can be based on
whatever criteria the Council decides. He said violations would need to describe the times and the
nature of complaints.
Councilmember Hewitt said she would not support that. She believes it would be hard to regulate the
noise in a parking lot, and would place too much demand on the Police Department.
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Regular Meeting of May 25, 2004
Page 7 of 11
Councilmembers discussed the definitions of amplified music. Attorney Knutson stated it was
language drafted by the City Attorney's office, and that the Council should use its own judgment. He
said the site is already zone C-2, and live music is prohibited by City Code.
Councilmembers discussed the guidelines for measuring how far from the building noise restrictions
should go into effect. They agreed the measurement should be a distance from the building rather
than stating a variable distance such as the parking lot perimeter.
Motion was made by Councilmember Stein, seconded by Mavor Johnson, to amend option (c) to
limit noise to 25 feet from the building.
The Council voted on the motion to limit noise. With Councilmembers Stein, Bildsoe, and Mayor
Johnson voting in favor, and Councilmembers Hewitt, Slavik, Black, and Neset voting against, the
motion failed.
Motion was made by Councilmember Stein, seconded by Councilmember Black to call the question
voting on the option substitution.
Motion was made by Mayor Johnson, seconded by Councilmember Black, to reconsider the distance
from the building noise would be restricted to. With Councilmember Hewitt, Councilmember Stein,
Councilmember Black, Councilmember Neset, and Mayor Johnson voting in favor, and
Councilmembers Slavik and Bildsoe voting against, the motion to reconsider passed.
Motion was made by Councilmember Black, seconded by Councilmember Slavik, to amend
condition (c) in Option 3 to restrict noise to a 15 foot distance from the building_
With Councilmembers Hewitt, Councilmember Stein, and Councilmember Black voting in favor, and
Councilmembers Slavik, Neset, Bildsoe, and Mayor Johnson voting against, the motion failed.
Mr. Dutton stated that he has no problem with noise restrictions. He stated he believes his restaurant
would be good for the neighborhood, and plans to pursue obtaining the license. He said he will
acknowledge all legitimate complaints about noise.
Councilmembers voted on the motion to substitute Option 2 with the amended Option 3 with
Councilmembers Stein, Councilmember Black, Councilmember Bildsoe, and Mayor Johnson voting
in favor, and Councilmembers Hewitt, Slavik, and Neset voting against, the motion passed.
Mayor Johnson said she wants to see the owner get a chance to prove to the neighborhood his
restaurant can work. She noted that not all residents are opposed to a restaurant at the site, but are
concerned in how noise issues will be addressed.
Councilmember Black said she wants to know about complaints when they happen. She said she
can't take action unless she know what the conditions were and what the follow—up was.
Councilmember Slavik stated that the Council should be informed of every complaint
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Regular Meeting of May 25, 2004
Page 8 of 11
Councilmember Neset said he supports the motion to give the owner a chance, and for the City to
monitor the site.
Councilmember Black said she would support approval of the license. She said the City needs to give
the business a chance that is equitable for it to be a success, and believes that the City has been as fair
as it can to each party.
Councilmember Hewitt said she would not support the motion, because it would have tighter
restrictions on operation hours, putting stress on City staff to monitor. She said she would like to see
restricted hours but that regulation will be difficult.
Councilmember Slavik said the issue is not about giving Mr. Dutton a chance, because she wishes
him success. She believes the issue is about a type of establishment not working in a neighborhood.
She believes it has been proven that this sort of business does not work in the neighborhood. She
expects to see violations and difficulties, and does not think it is a good fit for the neighborhood.
Mayor Johnson said that she believes if conditions of the license are violated the liquor license can be
revoked. She said the zoning issues that should be addressed will be taken up by Item 8.2.
Motion was made by Councilmember Slavik, seconded by Councilmember Bildsoe to call question
The motion to vote on the question passed in a unanimous voice vote.
Councilmembers voted on approving the liquor license under amended Option 3.
With Councilmembers Stein, Black, Neset, and Mayor Johnson voting in favor, and Councilmembers
Hewitt, Slavik, and Bildsoe voting against, the motion passed.
Mr. Dutton stated he is willing to take responsibility for anything that happens. He said he will work
with the Police Department on issues and will look out for the neighborhood's interests.
8.2) Consider whether the City should initiate a rezoning of 1113-1123 Vicksburg Lane
Mayor Johnson stated that the Council wanted the opportunity in light of the discussion about the
restaurant at 1115 Vicksburg Lane to discuss zoning issues for commercial business strip at 1113-
1123 Vicksburg Lane.
Councilmember Bildsoe stated he appreciates the discussion, and would support rezoning.
Councilmember Stein stated he supports the discussion and would consider something after it comes
back from the Planning Commission.
Pam Wilson, 3720 Independence Avenue S. St. Louis Park, represents the property owner, and said
they are unclear about the definitions of the C-1 and C-2 zoning classifications. She said they are
concerned on how zoning changes would impact the entire center. She perceives Dutton's as a
friendly business for the site, and noted a small pet supply store will be moving in as well. She noted
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Regular Meeting of May 25, 2004
Page 9 of 11
that the tenants maintain their sites well, and that it has businesses that aren't available elsewhere
close by.
Community Development Director Hurlburt stated only one other district in the city has the C-1
classification, and she noted there is difficulty in keeping tenants at that site.
Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to direct staff to
study rezoning the block from C-2 to C-1. With all members voting in favor the motion passed.
At 8:55 The Council took a five—minute recess.
8.3) Approve Wetland Replacement Plan application for Candlewood Project located at
southwest corner of Hwy. 55 and Hwy. 169 (98106)
Public Works Director Faulkner explained the proposal to approve the purchase of a wetland banking
credit for a development project in southeast Plymouth. He summarized the history of development
of the site, saying that the City Council in 1998 had approved a wetland replacement plan for a hotel
project that subsequently fell through. He reported that a new hotel project is now on the table, with
an alternative to purchase wetland resource credits from a wetland bank. To help move the hotel
project along he said staff is recommending purchase of the wetland credit.
Councilmember Black said that she is opposed to the project. She said she is not keen on applying
the mitigation work outside of the watershed that the hotel site is a part of. She asked that staff try to
find options in an effort to make better use of the wetland credit.
Community Development Director Hurlburt stated that the project would not be able to get a
certificate of occupancy until the wetland mitigation issue is resolved, nor would the developers get
financing. She agreed it is not a bad idea to look for other sites, but noted this is a situation where the
owner is willing and able to finish the project to get work done, with the exception of this one factor.
She noted an alternative would be to remove it from the wetland credit application and make the City
responsible for mitigation at the site.
Public Works Director Faulkner stated that it would take a fair amount of staff effort to search for
other options. He noted that if done as a City project, there would be many issues to be worked out.
Mayor Johnson stated that she did not want to make it more difficult for staff, but agreed that it
makes sense to find wetland mitigation in Plymouth.
Councilmember Stein asked whether there is any way to change approval of the development project
to guarantee water quality issues will be resolved before the project is complete. Community
Development Director Hurlburt responded that the City has a financial guarantee from the builder.
She said the City has language that they can live with, and suggested that the City could assume
responsibility for the wetland mitigation.
Public Works Director Faulkner stated that the project could be bid through a contractor without
expending a huge amount of staff time. Community Development Director Hurlburt added that the
funds for the wetland credit application could be applied for staff time, if documented. Attorney
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Regular Meeting of May 25, 2004
Page 10 of 11
Knutson agreed that money set aside to guarantee wetland mitigation could be applied to any costs
incurred including staff time. Public Works Director Faulkner said that the only element for the
Council to consider would be creation of an upland near the wetland to control drainage.
Community Development Director Hurlburt that staff could check the resolution approving the hotel
project to see if there are any options stated to help the builders get their financing. She said it would
then be up to the City to get the wetland mitigation done.
Motion was made by Councilmember Black, seconded by Councilmember Hewitt, to direct staff to
look at the original approving resolution modifying conditions for approval of the Candlewood Hotel
Project and study options for the mitigation of wetlands. With all members voting in favor the motion
was approved.
8.4) Setting Study Sessions
Motion was made by Councilmember Bildsoe, seconded by Councilmember Black to hold a study
session on July 13 at 5:30 to discuss a City business subsidy policy With all members voting in
favor, the motion passed.
Motion was made by Councilmember Hewitt, seconded by Councilmember Black, to hold a study
session to discuss water conservation options on July 27, at 5:30 p.m. With all members voting in
favor, the motion passed.
8.5) Wetland Exemptions for Plymouth Ice Arena expansion, City Project No. 3129
Public Works Director Faulkner explained that the Ice Arena expansion project would involve
excavation of a small wetland area to the east of the site. He said that there will actually be a little
more wetland area after completion of the construction work and that the quality of the wetland will
be better.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, finding no loss
and authorizing the Mayor to sign the Certificate of Exemption form the Wetland Replacement Act.
With all members voting in favor, the motion passed.
8.6) Directing staff to move ahead with the Flood Improvement Project at 1506 Weston
Lane
Public Works Director Faulkner reported that this site is part of ten sites authorized by the Council to
undergo improvements to alleviate ponding. He reported that the maintenance crew has already
completed raising of the manhole in the backyard, and that this second part included installation of a
storm sewer lift station to remove water that pools in to the back yards of 1506 Weston Lane as well
as two other yards. He noted that two of the three affected property owners have filed lawsuits
against the City claiming damages.
Councilmember Slavik suggested postponement of the project until the lawsuit is resolved. She said
that if the judge orders something the City might have to take reverse action. Attorney Knutson said
the postponement is at the Council's discretion, and said that the attorney on his staff, Tom Scott, is
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Regular Meeting of May 25, 2004
Page 11 of 11
representing the City in the case and could offer an opinion. Public Works Director Faulkner noted
that the only staff inconvenience in delaying the project might be a few more trips to pump water
from the yards if there are heavy rains. He said he would support postponement, although the
contractor is anxious to complete the project. He said no specific date has been set for completion, so
the contract would not be violated if there is a postponement in completion.
Motion was made by Councilmember Slavik, seconded by Councilmember Hewitt, to postpone
consideration until the June 8 Citv Council meetine.
With all members voting in favor, the motion passed
Reports and Staff Recommendations
Adiournment
Mayor Johnson declared the meeting adjourned at 9:45 p.m.
Kurt H. Roffman III, Deputy City Clerk