HomeMy WebLinkAboutCity Council Minutes 12-28-2004Adopted Minutes
Regular Council Meeting
December 28, 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 December 28, 2004.
COUNCIL PRESENT: Mayor Johnson, Councilmembers Black, Bildsoe, Hewitt, Slavik
arrived at 7:05 p.m.), Stein, and Neset.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, Fire Chief Kline, Community Development Director
Hurlburt, Finance Director Hahn, Park and Recreation Director Blank, Police Chief Goldstein,
Housing Manager Barnes, City Attorney Knutson, and City Clerk Paulson.
Plymouth Forum
There was no one present to address the Council).
Presentations and Public Information Announcements
4.01) Recognition to Councilmember Neset
City Manager Ahrens highlighted a collage of framed pictures that was presented to
Councilmember Neset in recognition of his service on the Council. Councilmember Neset
thanked the Council for the opportunities to serve on the Planning Commission and the City
Council.
4.02) New Year's Eve Celebration
Park and Recreation Director Blank announced this year's New Year's Eve celebration at the Ice
Center and LifeTime Fitness from 6:00 p.m, to 9:00 p.m.
Approval of Agenda
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Hewitt, to
approve the agenda. With all members voting in favor, the motion carried.
Adopted Council Minutes
Regular Meeting of December 28, 2004
Page 2 of 7
Consent Agenda
Motion was made by Councilmember Hewitt, and seconded by Councilmember Black to
approve the Consent Agenda, which included the following items:
6.01) Minutes of the Truth in Taxation Hearing on December 6.
6.02) Resolution Approving a Variance to allow the Construction of a Third Stall Garage
Addition for Property located at 17005 24`h Avenue North (2004141— Res2004-527).
6.03) Resolution Approving Interim Use Permit for William Hull to allow Construction of a
New Home Prior to Removal of an Existing Home for Property located at 12024 26`h Avenue
North (2004142 — Res2004-528).
6.04) Resolution Accepting Streets and Utilities for Continual Maintenance for Killians Gate
Addition (2002027 — Res2004-529) and a Resolution Accepting Streets for Continual
Maintenance for Serenity on Hadley Lake (2002055 — Res2004-530).
6.05) Resolution Approving Revised Resolution No. 2004-514 Approving a Final Plat for
Heritage Development of Minnesota for "Plymouth Crossing," a 30 -Unit, Multiple -Family
Development located on the Southwest Comer of the Intersection of Schmidt Lake Road and
Northwest Boulevard (2004116F — Res2004-531).
6.06.1) Resolution Approving Labor Agreement and Associated Letter of Agreement between
the City and Maintenance Employees, represented by AFSCME, Council 5 for the Calendar
Years 2005 through 2006 (Res2004-532).
6.06.2) Resolution Approving Labor Agreement between the City and Law Enforcement Labor
Services, represented by LELS for Calendar Years 2005-2007 (Res2004-533).
6.06.3) Resolution Approving Labor Agreement between the City and Clerical, Technical and
Professional Employees, represented by AFSCME, Council 5, for the Calendar Years 2005 and
2006 (Res2004-534).
6.06.4) Resolution Approving Amendments to the Personnel Policy (Res2004-535)
6.07) Resolution Approving Sale of Showmobile (Res2004-536)
Motion carried to approve the Consent Agenda.
Public Hearings
Adopted Council Minutes
Regular Meeting of December 28, 2004
Page 3 of 7
7.1) Vacation of Medina Road West of Vicksburg Lane to the East Line of Medina Road
as dedicated within Plymouth Station
Community Development Director Hurlburt reported on the Vacation of Medina Road west of
Vicksburg Lane to east of Dunkirk Lane. She stated on June 28 the Council approved an
amendment to the Comprehensive Plan removing the segment of Medina Road between
Vicksburg Lane and Dunkirk Lane from the Comprehensive Plan. The Council also approved a
Comprehensive Plan amendment for CSM Corporation's proposed redevelopment of the Dana
Spicer site and commented on the PUD (Planned Unit Development) sketch plan for the project.
The Council's comments on the sketch plan included direction to CSM that they revise their plan
to show a landscaped berm along the south portion of the site near existing single-family homes,
and that the berm lie within the Medina Road right-of-way to the maximum extent possible. In
the course of considering the sketch plan, the Council also adopted a motion directing staff to
begin the process of vacating right-of-way for Weston Lane in the single-family residential
neighborhood to the south of the project, to ensure that it could never connect to Medina Road.
The Council approved the Vacation of that part of Weston Lane.
She stated on November 9 the Council approved the rezoning and PUD plan for this project.
During the discussion of the applications, the Council directed staff to set a public hearing to
consider the Vacation of Medina Road from Vicksburg Lane to Dunkirk Lane. She explained
when the street right-of-way is vacated, the vacated area attaches to the abutting property of the
plat in which the right-of-way was dedicated. She stated there are three options for the Council
to consider which are:
1. Option A: Vacate Medina Road from the west line of Vicksburg Lane to the east line of
Dunkirk Lane. The entire right-of-way between Vicksburg Lane and Dunkirk Lane would be
vacated, and the property would revert to those plats from which the right-of-way was dedicated
includes four single-family lots in the Maple Creek 2"a Addition). The approved PUD plan for
the CSM project includes an access drive for the shopping center and the proposed senior
apartment building sites at this location. While most of the drive would be within the
development site, the access to Vicksburg Lane must be located in the existing right-of-way to
provide a safe intersection that lines up with 31st Avenue on the east side of Vicksburg Lane. In
addition, construction of the berm and associated retaining wall may also impact part of this area.
If the right-of-way in this area were vacated, CSM would need to obtain the legal rights from the
four property owners to construct the driveway, berm and retaining wall according to the
approved plan.
2. Option B: Vacate that portion of Medina Road from the east right-of-way line extended of
Weston Lane to the east right-of-way line of Dunkirk Lane. This is the same option as Option A,
but the City would retain the 500 -foot section of Medina Road right-of-way between Weston
Lane and Vicksburg Lane. This would eliminate the need for CSM to negotiate with four private
property owners in order to construct the driveway and other improvements according to the
approved plan. Instead, CSM would need to enter into an encroachment agreement with the City
an encroachment agreement would also be needed to allow berm construction in "Segment D"
Adopted Council Minutes
Regular Meeting of December 28, 2004
Page 4 of 7
under either option A or B). The four property owners did not petition for the Medina Road
right-of-way; therefore, they may or may not desire this additional land attached to their lots.
3. Take no action on the Vacation.
Mayor Johnson asked if there could be an agreement with CSM that if a fixture Council would
decide to extend Medina Road, that option would be retained. Community Development
Director Hurlburt replied there would be an encroachment agreement for the berm, but no
discussions have been held on returning that property to the City in the future. She stated if the
Council is concerned that Medina Road could be extended in the future, no portion of it should
be vacated.
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 Black, and seconded by Councilmember Stein, to take no
action this evening.
Councilmember Black stated she wouldn't want to see Medina Road go through the "traditional"
way; however, she wouldn't want to limit a future Council's ability to extend Medina Road.
Councilmember Stein agreed.
Community Development Director Hurlburt commented there is a berm on the plan for this
property, and it would be constructed., There would be an encroachment agreement for the berm
if the road would be vacated.
Councilmember Black stated if Medina Road would be extended, the berm could be reduced or
removed. However, that doesn't mean that a fence couldn't be constructed for berming
purposes.
Mayor Johnson asked if the road were to be extended in the future, would it be possible to shift
the road to the south. Community Development Director Hurlburt replied it would be possible to
review other alignments as well as the impact to the wetland. Perhaps the road could be shifted
to the south to avoid impact to the berm. She added that in the encroachment agreement for
Segment D, there could be language that if the City would need that segment in the future in
order to extend Medina Road, the berm issue would need to be addressed.
Councilmember Black commented that preserving Segment C could allow the City to swap with
the south side of Segment D and slightly redesign Medina Road. However, if that were vacated,
there wouldn't be any property to swap.
Councilmember Slavik stated that she wouldn't support the motion, and she voiced her
frustration if the Council wouldn't be taking any action on this item this evening. She stated by
Adopted Council Minutes
Regular Meeting of December 28, 2004
Page 5 of 7
vacating the right-of-way, she doesn't assume that it would preclude extending Medina Road in
the future. She stated it would be very expensive to extend Medina Road due to the high quality
wetlands. She voiced her support to the partial vacation of Medina Road (Option B).
The Council voted on the motion and with Hewitt, Slavik, Neset, Bildsoe, and Johnson voting
no, and Stein and Black voting yes, the motion failed.
Motion was made by Councilmember Slavik and seconded by Councilmember Hewitt to adopt
a Resolution Authorizing the Vacation of Medina Road West of the East Right -of -Way Line
extended of Weston Lane to the East Line of Dunkirk Lane (Option B) (Res2004-537).
Councilmember Stein stated other than preserving the berm, it makes no sense to vacate the
right-of-way if Medina Road could still be extended in the future. The City would be giving up
valued property all for nothing.
Councilmember Hewitt voiced her support for the motion and stated that it's important to
preserve the wetlands.
Councilmember Black stated that if the Vacation is approved, CSM would be the owner of a
portion of the property, and they would have the right to sell the property for what it's worth in
the future.
Mayor Johnson stated if the Vacation were approved, the City would be assuming the majority of
the property. She noted that if she didn't have assurance that the berm would be in place, she
wouldn't have supported the development. She stated that there is a need to provide a good
transition from one use to another.
There being no further discussion and with all members voting in favor but Stein, the motion
carried.
General Business
8.1) Consider Action relating to Hennepin County's Potential Closure of Mission Detox
Facility
Police Chief Goldstein reported that the Hennepin County Board has been discussing closing
Mission Detox effective July 1, 2005. He stated that the County desires to open a Sobriety
Center in Minneapolis. This center would have 60 beds for limited detox services in the county.
In order to fund this new facility, they are currently proposing to close Mission Detox which
would provide $1,005,000 in funding for the new center. He stated the County Board discussed
this issue at their December 14 meeting, and the issue was tabled for further study due to the
concerns expressed by various suburban police chiefs.
Adopted Council Minutes
Regular Meeting of December 28, 2004
Page 6 of 7
He explained that the proposed Sobriety Center would be a short-term stay facility for residents
when they are intoxicated. They would be released with no significant counseling or proposed
long-term care consideration which differs from the additional care and treatment that they
receive at Mission Detox. The Mission Detox facility provides suburban police departments an
option that the individuals don't have to be transported to Minneapolis. In addition, the Mission
Detox facility usually has a number of beds for the suburban police departments on an ongoing
basis. If the facility would close, police officers would need to spend additional time out of the
City taking intoxicants to the new facility in Minneapolis. Then, if there were no beds available,
the intoxicants would need to be transported to hospitals.
Motion was made by Councilmember Black, and seconded by Councilmember Hewitt to adopta
Resolution in Support of Keening the Mission Detox Facility Open and Operational (Res2004-
538).
Councilmember Bildsoe asked if other communities are lobbying the County Board as well.
Police Chief Goldstein replied Minnetrista, Wayzata, New Hope, and Golden Valley are in the
process of asking the County Board to reconsider this item.
There being no further discussion and with all members voting in favor, the motion carried.
Mayor Johnson stated that she would prepare correspondence to accompany the Resolution for
the County Board.
Councilmember Black suggested that staff contact other cities who use this facility to see what
action they took, and if the County Board decides to close the facility, it would come back to the
Council for other options.
Reports and Staff Recommendations
9.1) Report on City's Efforts to Save 48 Affordable Project Based Section 8 Units at
Willow Creek
Housing Manager Barnes reported on the City's efforts to save 48 Section 8 project -based
vouchers in the Willow Creek North and South 240 -unit apartment project located at 235 and
125 Nathan Lane North. He explained in June 2003, the owner of the apartments, informed
Housing and Urban Development (HUD), the State of Minnesota, and the residents of his intent
to not renew the project -based Section 8 contract that was due to expire in one year. He stated
the HRA staff began discussions with HUD and the Minnesota Housing Finance Agency
MHFA) to preserve the contracts as well as beginning the process of applying for "Enhanced
Vouchers" that would provide one-year assistance to the affected residents should the contracts
not be renewed. In addition, in April 2004, the HRA approved a $250,000 zero -interest equity
loan to the owner, which was supplemented by a $750,000 zero -interest equity loan provided by
MHFA. The $1 million assistance package would be made available to the owner provided he
Adopted Council Minutes
Regular Meeting of December 28, 2004
Page 7 of 7
would agree to extend the existing contracts for an additional five-year term. As part of this
process, the owner applied to HUD for the Mark -Up -To -Market Program. This program allows
owners of federally subsidized buildings to increase their rents to be more in line with the local
market. In November 2004, the HRA received notice that HUD was denying the Mark -Up -To -
Market request, as they believed that both the owner and the MHFA had agreed in writing to
terminate the contracts. MHFA disagreed and stated that they never agreed to terminate the
contracts and that would be contrary to the fact that they offered financial assistance.
He indicted that the MHFA, along with the Housing Preservation Project, the HRA, the City of
Plymouth, and many housing advocacy groups lobbied HUD and the City's legislative delegates
in Washington to reserve HUD's earlier determination, but to no avail. On December 10, 2004,
HUD affirmed their earlier decision to not renew the Project -Based Section 8 contracts.
He stated the HRA is currently working with HUD to receive the "enhanced vouchers," and the
HRA has been awarded 24 vouchers and is waiting the decision on the remaining 24 vouchers,
which HUD has indicated would be approved. Community Development Director Hurlburt
added staff is hopeful that HUD would continue to renew those vouchers after a year, as many of
those families wouldn't quality for the City's vouchers. She stated staff, as well as a housing
advocacy group, has been working with the residents.
Mayor Johnson stated that she contacted U.S. Senators Coleman and Dayton and U.S.
Representative Ramstad, and she asked if staff received any information from their staffs on any
development with HUD. Housing Manager Barnes replied no, but staff would be requesting
copies of their correspondence that were sent to HUD.
Mayor Johnson voiced her frustration and stated that the City needs to continue to have more
communication with the Federal elected officials.
Adiournment
At 8:20 p.m., Mayor Johnson adjourned the meeting to Plymouth Applebee's to recognize
Councilmember Neset for his service on the Council.
Sandra R. Paulson, City Clerk