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HomeMy WebLinkAboutCity Council Minutes 01-28-2003Adopted Minutes Regular Council Meeting January 28, 2003 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 28, 2003. COUNCIL PRESENT: Mayor Johnson, Councilmembers Hewitt, Slavik, Bildsoe, Neset, and Stein. ABSENT: Councilmember Black. STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Fire Chief Kline, Police Chief Gerdes, Finance Director Hahn, Community Development Director Hurlburt, Public Works Director Faulkner, Park and Recreation Director Blank, Housing Manager Barnes, Recreation Supervisor Greupner, Finance Manager Jacobson, Accounting Technician Weitgenant, Accountant Ecker, City Attorney Knutson, and City Clerk Paulson. Oaths of Office City Clerk Paulson administered the oath of office to At Large Councilmember Karl Neset. Plymouth Forum No one was present to address the Council. Presentations and Public Information Announcements 4.01) Presentation of Minnesota Recreation and Park Association Awards to Recreation Supervisor Karol Greupner and Park and Recreation Advisory Commissioner Don Anderson Park and Recreation Director Blank presented the Minnesota Recreation and Park Association's Dorothea Nelson Award to Recreation Supervisor Karol Greupner. He stated this distinguished award is presented annually to a female member of the association who exhibits outstanding leadership, dedication and professionalism in the field of recreation. He also presented to Park and Recreation Commissioner Don Anderson the award that he received from the association. He stated Commissioner Anderson received the award for his distinguished service and commitment to the park and recreation field as a commission member. 4.02) Presentation on Fire and Ice Adopted Council Minutes Regular Meeting of January 28, 2003 Page 2 of 12 Recreation Supervisor Greupner reported on the 14`h Annual Fire and Ice Festival on February 1 from 2:00 p.m. -7:00 p.m. at Parkers Lake Park. She highlighted the various activities that would be occurring. 4.03) Announcement of Parenting Forum on February 24 at the Plymouth Creek Center Mayor Johnson reported on the Partners in Prevention Parenting Forum on February 24 at 7:00 p.m. at the Plymouth Creek Center. She announced the 7u annual "Parenting those Wonderful and Crazy Kids at Wayzata Central Middle School on February 8 from 8:00 a.m. to 12:30 p.m. She also noted that the Robbinsdale School District would be hosting a "We care about Kids Day" event on February 1 at 10:00 a.m. at the Northwest YMCA, 42"d Avenue, in New Hope. 4.04) Presentation of 2001 Certificate of Achievement for Excellence in Financial Reporting Mayor Johnson reported on the annual award presented by Government Finance Officers Association. It was noted that this is the 200' consecutive year that the City has received this award. Finance Director Hahn introduced members of the City's accounting staff, Accounting Technician Weitgenam, Accountant Ecker, Finance Manager Jacobson, and they were recognized by the Council. Approval of Agenda Councilmember Slavik requested that a legislative update be added to the agenda as item No. 9.3 under Reports and Staff Recommendations. City Manager Johnson requested that item No. 8.1 be postponed to a future Council meeting due to a resident's request. 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 Mayor Johnson asked if there were any additions, corrections, or deletions to be made to the Consent Agenda. Councilmember Slavik requested to remove item No's. 6.25 and 6.27 and place them under General Business as item No's. 8.3 and 8.4 respectively. Adopted Council Minutes Regular Meeting of January 28, 2003 Page 3 of 12 Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe, to anprove the amended Consent Agenda, which included the followingitems: ems: 6.01) Regular Council Meeting of January 7 and Special Council Meeting of January 16. 6.02) Resolution Approving Disbursements for the Period ending January 17, 2003 (Res2003- 032). 6.03.1) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for 2002 Weed Eradication and Destruction, Roll 2 (Res2003-033), and a Resolution Setting Public Hearing on Proposed Assessment for 2002 Weed Eradication and Destruction, Roll 2 (Res2003-034). 6.03.2) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for 2002 Removal and Destruction of Diseased Trees, Roll 2 (Res2003-035), and a Resolution Setting Public Hearing on Proposed Assessment for 2002 Removal and Destruction of Diseased Trees, Roll 2 (Res2003-036). 6.04) Adoption of Proclamation Declaring February 2003 as "We Care About Kids Month." 6.05.1) Resolution Finding No Objection to Lawful Gambling Exemption for Oakwood Elementary School PTA (Res2003-037). 6.05.2) Resolution Finding No Objection to Lawful Gambling Exemption for Pilgrim Lane Elementary PTO (Res2003-038). 6.06) Resolution Approving Hazardous Material Training Grant and Agreement (Res2003- 039). 6.07) Resolution Approving the Issuance of a Housing Facilities Revenue Note Pursuant to Minnesota Statutes, Chapter 462C, as amended, at the request of Cornerstone Assisted Living of Plymouth, Inc., by the Housing and Redevelopment Authority of Plymouth, Minnesota Res2003-040). 6.08) Resolution Authorizing the Issuance of Governmental Housing Refunding bonds to be Issued by the Housing and Redevelopment Authority in and for the City of Plymouth and Affirming the Pledge of the General Obligation of the City of Plymouth to the Payment of Principal and Interest on the Bonds (Res2003-041). 6.09) Resolution Approving a Variance for North American Properties for the Existing All - Mounted Lights on Block 1, Lot 2 at the Plymouth Marketplace located in the Northwest Quadrant of Highway 55 and Vicksburg Lane (2002151 — Res2003-042). 6.10) Resolution Approving Speed Limit Reduction on Oakview Lane from 30 mph to 25 mph Res2003-043). Adopted Council Minutes Regular Meeting of January 28, 2003 Page 4 of 12 6.11) Resolution Approving the Site Plan, Conditional Use Permit, and Fire Lane Variance for Two Office Buildings to be Constructed at the Southwest Corner of 37`h Avenue and Plymouth Boulevard (2002131 — Res2003-044). 6.12) Resolution Approving a PUD General Plan Amendment and Lot Division to Subdivide an Existing Lot into Two Parcels for the Development of Two Restaurant Buildings at the Northeast Corner of State Highway 55 and Northwest Boulevard (2002152 — Res2003-045), Ordinance Amending Chapter 21 of the City Code to Amend the Northwest Business Campus PUD for Property located at the Northeast Corner of State Highway 55 and Northwest Boulevard 2002152 — Ord2003-01), and a Resolution Approving Findings of Fact for Amending the Zoning Ordinance Text for Frauenshuh Companies for Property located at the Northeast Corner of State Highway 55 and Northwest Boulevard (2002152 — Res2003-046). 6.13) Resolution Approving a Conditional Use Permit for Pillar Homes for Allow Accessory Living Quarters on Property located on the Southernmost Lot on Future Shadyview Lane South of 8`h Avenue North (2002158 — Rcs2003-047) and a Resolution Approving a Conditional Use Permit for Pillar Homes to allow an Attached Garage over 1,000 Square Feet on Property located on the Southernmost Lot on Future Shadyview Lane South of 8`h Avenue North (2002158 — Res2003-048). 6.14) Resolution Approving a Conditional Use Permit for Sports Training Centers, Inc. for Property located at 3555 Holly Lane North (2002161 — Res2003-049). 6.15) Resolution Approving a Final Plat and Development Contract for "Stone Creek Village" for Dominium Development and Acquisition LLC, for Property located North of Highway 55 and West of Medicine Lake Drive (2001073-17 — Res2003-050), and a Resolution Adopting Assessments for Sanitary Sewer and Watermain Area in Stone Creek Village (3102 — Res2003- 051). 6.16) Resolution Authorizing "No Parking" Restrictions for the Reserve Development Northwest of Schmidt Lake Road and I-494 (Res2003-052). 6.17) Resolution Approving Participation on the Northwest Hennepin Area Senior Leadership Committee (Res2003-053). 6.18) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Old Rockford Road/Highway 55 Area Utility Improvements (1033 — Res2003- 054), and a Resolution Setting Public Hearing on Proposed Assessment for Old Rockford/Highway 55 Area Utility Improvements (1033 — Res2003 -05 5). 6.19) Resolution Approving Request for Payment No. 3 and Final for the Central Plan Water Tower Painting and Reconditioning (Res2003-056). 6.20) Resolution approving the sale of "Niko," a six year old male German Shepherd that has been retired from the Police Department's canine program. Adopted Council Minutes Regular Meeting of January 28, 2003 Page 5 of 12 6.21) Resolution Approving Municipal Waste Abatement Incentive Fund Agreement (Res2003- 057). 6.22) Postpone until February 11 consideration of denial of Variance to construct an above grade cantilever addition eight feet four inches from the side property line where the Zoning Ordinance requires 15 feet for property located at 3735 Wellington Lane North (2002145). 6.23.1) Resolution Reducing Required Financial Guarantee for Pike Lake Woods 3rd Addition 98170 — Res2003-059). 6.23.2) Resolution Reducing Required Financial Guarantee for Hilltop of Plymouth (20003 — Res2003-060). 6.23.3) Resolution Reducing Required Financial Guarantee for Graviere 2"a Addition (200 1010 Res2003-061). 6.24) Resolution Approving 2003 Membership Dues for Association of Metropolitan Municipalities and Municipal Legislative Commission (Res2003-062). 6.25) (This item was placed under General Business as item No. 8.3). 6.26) Resolution Adopting 2003 Park Rental Policies and Fees (Res2003-063). 6.27) (This item was placed under General Business as item No. 8.4). There being no fiirther discussion, the motion carried to approve the Consent Agenda. Public Hearings 7.1) Vacation of Permanent Easement for Public Utility Purposes and a Temporary Easement in Serenity on Hadley Lake Public Works Director Faulkner illustrated the proposed request. He explained this easement is no longer necessary as the sanitary sewer was extended in a different manner with the plat for Serenity on Hadley Lake. 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 Hewitt, to adopt a Resolution Authorizing the Vacation of Part of a Permanent Easement for Public Utility Adopted Council Minutes Regular Meeting of January 28, 2003 Page 6 of 12 Purposes and a Temporary Easement in the South 127.50 feet of Lot 16 of Wayzata Farms Res2003-064). With all members voting in favor, the motion carried. 7.2) Consideration of Charitable Gambling Ordinance Police Chief Gerdes reported that currently no gambling is allowed in the City, with the exception of bingo and raffles conducted by non-profit organizations that are exempt from State licensing. He stated in 2001, the Council received a request from the Lions Club and the Plymouth Crime and Fire Prevention Fund to consider charitable gambling (pull -tab sales) in the City. The Council conducted Study Sessions and the Public Safety Advisory Board discussed the request. He stated the current City Code is not in compliance with State law. Therefore, the Council needs to adopt a new Ordinance to either prohibit all lawful gambling or allow gambling in the City. He stressed that the City can't specify which types of lawful gambling that they would allow in the City. Staff contacted 16 cities to study on whether they allow lawful gambling, how many licensed organizations and. locations, and restrictions on proceeds. Fourteen out of the 16 cities allow lawful gambling. He stated the Minnesota Gambling Control Board licenses and regulates gambling. Only qualified organizations may conduct lawful gambling. In order to qualify, an organization must be a religious, fraternal, veterans', or other non-profit or tax-exempt entity that has been in existence for at least three years, has at least 15 active members, and is not in existence solely for the purpose of conducting gambling. The statutes require that no more than 70% of the gross profits from bingo, and 55% of gross profits from all other forms of gambling may be used for expenses related to lawful gambling. The remainder of the profits must be used for lawful expenditures. Local ordinance regulations commonly require quarterly revenue reports be submitted to the cities, including copies of reports the gambling manager is required to send to the State and copies of checks sent to the charities. He stated local gambling ordinances typically include one or more of the following requirements: 1. The City could require an organization to make expenditures of up to 10% of its net profits to a specific lawful purpose. 2. The City may require an organization to make expenditures of up to 10% of its net profits to a fund administered and regulated by the City. These funds may be distributed for lawful purposes or for police, fire, and other emergency or public safety related services, equipment, and training, excluding pension obligations. 3. The City may require that an organization expends all or a portion of its net profits for lawful purposes conducted or located within the City's grade area. The Council defines the "trade area," but it must at least include all abutting communities. 4. The City may impose a local gambling tax not to exceed 3% of the gross receipts less actual prizes paid out on each licensed organization. The City could not use local gambling tax money for any purpose except regulation of lawful gambling. The tax is in lieu of all other local investigation fees on law gambling. If no tax is imposed, the City may charge $250 per investigation; however, this would not cover the City's cost. Adopted Council Minutes Regular Meeting of January 28, 2003 Page 7 of 12 He stated staff recommends that the Council adopt an Ordinance to comply with the Statutes that would either prohibit or allow lawful gambling in the City. He stated if it's the Council's desire to approve lawful gambling, staff would recommend a 3% tax, the establishment of a 10% City administered fund, and a local trade area. He noted that only those establishments that have an on -sale liquor license would be eligible to have lawful gambling. In addition, staff would recommend a 350' setback from the residential area. He discussed a handout that listed those businesses that would be eligible to conduct lawful gambling based on 350', 500', 750', and 1,000' setback from the residential area. Councilmember Bildsoe asked where bingo halls could be located in the City. Community Development Director Hurlburt replied that based on the current Zoning Ordinance, this use wouldn't be allowed in any of the zoning districts. Police Chief Gerdes stated casinos wouldn't be considered lawful gambling in the City. Councilmember Slavik asked if there would be any negative effects on the City's budget by allowing lawful gambling. Police Chief Gerdes replied the negative effects would be if the City didn't require a 3% percent tax to cover the investigation, didn't establish a local trade area to make sure the funds remain locally, and didn't create the 10% City administered fund. A discussion was held on the quarterly and annual reporting requirements contained in the proposed ordinance that non-profit organizations would need to comply with. Councilmember Slavik noted that some cities have limited the number of establishments where lawful gambling could be conducted based on the population of the City. She asked if that would be feasible for Plymouth. City Attorney Knutson replied if the City only issued a certain number of licenses, the Council would need to establish criteria to determine who would be issued the licenses. Police Chief Gerdes added that the City would be limiting the number of locations in the City by incorporating a setback from the residential area and only allowing the activity in on -sale liquor establishments. Mayor Johnson noted that the City of Burnsville only approves licenses to those organizations that have principle offices in the City. She asked what constitutes a principle office. City Attorney Knutson replied an organization's principle office is where they conduct their business and activities. A post office box would not be a principle address. Mayor Johnson opened the public hearing for testimony. Harvey Schiebe, 1215 Goldenrod Lane, stated he supports lawful gambling. He stated a portion of the proceeds from lawful gambling would remain in the City. There being no one else wishing to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. Adopted Council Minutes Regular Meeting of January 28, 2003 Page 8 of 12 Motion was made by Councilmember Stein, and seconded by Councilmember Neset, to adont an Ordinance Amending Section 1105 of the Plymouth City Code Concerning Lawful Gambling and Section 1211 Concerning Liquor Licenses (Ord2003-02). Councilmembers Stein and Neset stated even though they aren't big supporters of gambling, there would be a benefit to the local charities. Councilmember Hewitt stated she isn't a big supporter of gambling. Through her previous experience in the social services field, she has seen the negative impacts to individuals who are financially unable to afford the activity. This would affect taxpayers eventually. She stated currently, there are budget constraints with all local units of governments including the State. She agrees that the funds would benefit local organizations, but she is unsure if lawful gambling is the best method. Councilmember Bildsoe stated he views the 350' setback requirement as a method to limit the number of applications and where lawful gambling could be conducted. Mayor Johnson stated she disagrees, as there needs to be an appropriate setback from the residential areas. Motion was made by Mayor Johnson, and seconded by Councilmember Slavik, to amend the main motion to change the setback requirements in the nronosed Ordinance from 350' to 650'. With all members voting in favor, the motion carried. Councilmember Stein asked if any of the liquor establishments in the City Center area could replat their property so they would be 650' back from the residential area. City Attorney Knutson stated that could be theoretically possible, but it would depend on the circumstance. There are also other building code requirements for the shopping center area i.e. firewall separation, parking. Community Development Director Hurlburt added that shopping center buildings are very unlikely to be subdivided due to zoning requirements. Police Chief Gerdes commented that franchise restaurants typically do not have lawful gambling. Mayor Johnson asked if this Ordinance would be approved, would there be an annual review of the license other than the quarterly and annual reporting from the organization. Police Chief Gerdes replied yes, through a similar compliance check program that is utilized for alcohol and tobacco. If there would be a violation, the Council would conduct a hearing relative to the revocation or suspension of the lawful gambling license. Councilmember Bildsoe asked if the Council would have the opportunity to repeal this ordinance in the future if necessary. City Attorney Knutson replied yes. Councilmember Slavik recommended that the Council include a provision in the Ordinance for a one-year probation period in order to discuss the pros, cons, and any negative effects on the City. Adopted Council Minutes Regular Meeting of January 28, 2003 Page 9 of 12 Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe, to amend the main motion to include a provision that would state, "this Ordinance shall be reviewed by the City Council on January 2004 to consider its continuance." Councilmember Stein stated there shouldn't be a need for this provision when the Council has the authority to review the Ordinance at any time. Councilmember Slavik reiterated that this provision would allow the City to determine if there is a burden on Public Safety, the City's budget, outcry from the public, etc. She supports an automatic review of the Ordinance. City Attorney Knutson stated if this amendment is approved, when the Council reviews the Ordinance and takes no action, the Ordinance would remain in place. Motion was made by Councilmember Stein, and seconded by Councilmember Slavik, to amend the amendment that to state that "this Ordinance would be reviewed annually on its anniversary to consider its continuance." Councilmember Stein asked if the City has any flexibility in stating when a license would expire. Police Chief Gerdes replied no. The licenses are renewed annually and expire on the date that they were applied for. Mayor Johnson reminded the Council that they have a lot of discretion with an Ordinance, and the Council could review it at any time. There being no further discussion, the Council voted on the amendment to the amendment. With all members voting in favor, the motion carried. The Council voted on the amended amendment and with all members voting in favor, the motion carried. Councilmember Bildsoe stated even though he supports the motion, one of his concerns is that since the Plymouth Crime and Fire Prevention Fund could potentially receive some of the proceeds from a licensee, it could appear that the City isn't allocating sufficient City funds in those areas. Mayor Johnson stated she supports the motion. She stressed that individuals need to be responsible when they expend money on gambling. She believes that this activity would benefit the City, discounting any proceeds that the Plymouth Crime and Fire Prevention Fund could potentially receive. The Council voted on the amended main motion and with all members voting in favor but Hewitt, the motion carried. Ed Stanke, from the Plymouth Lions Club, thanked the Council for all their time spent studying this issue. Adopted Council Minutes Regular Meeting of January 28, 2003 Page 10 of 12 The Council took a five-minute break. General Business 8.1) Consider Ordinances on Weed Mowing, Tree Removal, and Related Special Assessment Procedures This item was postponed to a future Council meeting. 8.2) Consider Appointment of At -Large Planning Commissioner Motion was made by Councilmember Hewitt, and seconded by Councilmember Bildsoe, to appoint Melissa Musliner to the At Large Planning Commission Seat (Res2003-065). With all members voting in favor, the motion carried. 8.3) Approval of Revision to the City Code regarding Park Dedication Fees Councilmember Slavik noted that staff is proposing a $300 increase for park dedication fees for residential developments, but no increase for commercial developments. Therefore, she suggested that Council approve a $100 increase in the park dedication fees for commercial developments. Motion by Councilmember Slavik, and seconded by Councilmember Hewitt, to adopt an Ordinance Amending Chapter 5 of the City Code to revise the Cash Payment in Lieu of Land Dedication for Parks and Open Space (Ord2003-03), with the recommended increase of $100 for commercial developments. With all members voting in favor, the motion carried. 8.4) Authorization to begin 2003 Park Capital Projects Councilmember Slavik requested that this item be discussed at a Council Study Session. Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe, to schedule a Study Session on February 25 at 5:30 p.m. to discuss this item. Mayor Johnson offered a friendly amendment to the main motion that items A and B playground replacement at Rolling Hills Park and the dog park at Egan Park) be approved this evening, and items C and D (Plymouth Creek Park Maintenance Garage and the proposed skate park/BMX course at Zachary Playfield) be discussed at the Study Session (Res2003-065). Councilmembers Slavik and Bildsoe accepted this friendly amendment. Councilmember Stein indicated his desire to proceed with item D (skate park/BMX course at Zachary Playfield), as it would be a great asset to the eastern part of the City. Adopted Council Minutes Regular Meeting of January 28, 2003 Page 11 of 12 Motion was made by Councilmember Stein, and seconded by Councilmember Johnson, to amend the main motion to annrove item D this evening. Councilmember Slavik stated she has concerns regarding the liability with a BMX course, and she would like to have an opportunity to discuss this further. Therefore, she doesn't support the motion. Councilmember Stein stated another skate park would be more accessible for youth that reside east of I-494. He added that with the liability concerns, staff would review this use in order to limit the liability as with other parks in the City. Councilmember Bildsoe stated he doesn't support the amendment as this would be a new use, rather than replacement of any park or equipment. Councilmember Neset stated he supports the motion as these projects are very important, and staff and the Park and Recreation Commission have reviewed the proposed projects very carefully. Park and Recreation Director Blank stated if it's the Council's desire to delay certain items until the Study Session on February 25, there would be no delay to any of the projects. The Council voted on the amendment to the motion. With all members voting against the motion but Stein and Neset, the motion failed. The Council voted on the amended main motion and with all members voting in favor but Stein and Neset, the motion carried. Reports and Staff Recommendations 9.1) Report on Schmidt Lake Road Bridge Bid Award Public Works Director Faulkner reported that at a special meeting of the Council on January 16, a contract was awarded for construction of Schmidt Lake Road bridge and street improvements to Lunda Construction in the amount of $2,332,663.40. Construction would begin in February. Staff has sent notification to all residents who access Schmidt Lake Road informing them of the project. He stated current information on the project would be on the City's website, and a designated project "hotline" number would be available for residents to utilize in order to keep updated on the project. Councilmember Hewitt stated since the "hotline" number is a recording, she requested that callers have the option of being connected to a staff member. Councilmember Hewitt asked when the signalization at Schmidt Lake Road and Vicksburg Lane would be installed. Public Works Director Faulkner replied they are hopeful to have the signalization operational later this year. 9.2) Report on Status of Hennepin County Capital Improvements Plan -County Road 73 Adopted Council Minutes Regular Meeting of January 28, 2003 Page 12 of 12 Public Works Director Faulkner reported Councilmember Stein requested an update on the status of the County's Capital Improvements Plan for County Road 73. He stated purchase of right-of- way is scheduled for 2006, and construction would be budgeted for the remainder of 2006 and 2007. He stated there is ample opportunity to discuss this project with the County. He noted the corridor study that was recently completed for County Road 73. He also indicated that there is a need to improve the access to County Road 73 from Highway 55 as well as basic reconstruction of the road. Councilmember Stein requested that the City send a letter to the County reiterating the results of the corridor study for this roadway, and the City's desire to not widen the roadway into three lanes or more. However, the City would like to keep informed of its status and request that the County retains some funding for this roadway. 9.3) Legislative Update City Manager Johnson reported on proposed legislation that could allow more prisoners at the workhouse facility, and the legislation that would establish discipline steps relating to building official licensing. Adiournment Mayor Johnson adjourned the meeting at 9:37 p.m 7 T- Sandra R. Paulson, City Clerk