Loading...
HomeMy WebLinkAboutCity Council Minutes 03-25-2003Adopted Minutes Regular Council Meeting March 25, 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 March 25, 2003. COUNCIL PRESENT: Mayor Johnson, Councilmembers Hewitt, Black, Bildsoe, Neset, and Stein. ABSENT: Councilmember Slavik. STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Fire Chief Kline, Police Chief Gerdes, Community Development Director Hurlburt, City Engineer Quanbeck, Building Official Ryan, Water Resources Engineer Missaghi, Park and Recreation Director Blank, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum Judy Luedke, 17910 County Road 47, stated her property is located in Northwest Plymouth outside of the urban service area. She stated the value of property in this area has increased from 30,000 per acre in 2000 to currently as much as $200,000 per acre. She stated there could only be one dwelling per 20 acres. She stated the State and County have invested in this area, but the City won't allow the property owners to sell their property to developers in order to develop it. She stated there are developers who have a desire to develop this property, but property owners are unable to sell their properties for that purpose based on the current restriction that municipal services wouldn't be extended to this area until 2020. By not developing this area, the City is forcing people to relocate beyond Plymouth. However, by redeveloping this area, it would pay for itself. She noted that she pays very high property taxes, and she receives very little City services in return. Mayor Johnson stated the City has previously conducted meetings with property owners in the northwest area, and there were differing views on whether the property should be developed or not. She indicated that she has received telephone calls from property owners who would be willing to sell their property. She stated the Council knew that there would need to be an amendment to the City's Comprehensive Plan prior to 2020. She noted that it would cost approximately $100,000 to $200,000 for an amendment to the Comprehensive Plan. She stated the Wayzata School District has recently purchased property in this area. She stressed that in the future, there would need to be further discussion on the development of the northwest area. She offered to meet with Ms. Luedke to further discuss her concerns. Presentations and Public Information Announcements 4.01) Presentation of Certificates for Gold Star Best Practice Establishments Adopted Council Minutes Regular Meeting of March 25, 2003 Page 2 of 9 Recognition was given and certificates were presented to Best Practices establishments for passing alcohol compliance checks the past three years. These businesses included Cellars Wine and Spirits, Colony Liquor, Sid's Discount Liquors, PDQ, Marcello's, Grandma's, The Reserve, Chili's, Applebee's, TGI Friday's, 101 Liquors, MGM Liquors, Star Liquors, Haskell's Wine and Spirits, Rainbow (4190 Vinewood), Holiday (10900 Highway 55), and Holiday (3020 Fembrook). 4.02) Proclamation Declaring April as "Child Abuse Prevention" Month Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt a Resolution Proclaiming April as Child Abuse Prevention Month (Res2003-159). With all members voting in favor, the motion carried. 4.03) Proclamation Declaring the Week of April 27 as Days of Remembrance Motion made by Councilmember Hewitt, and seconded by Councilmember Black, to adopt a Proclamation Declaring the Week of April 27 as Days of Remembrance. With all members voting in favor, the motion carried. 4.04) Presentation of Corcoran Comprehensive Plan Chuck Lymangood, who is a Councilmember for the City of Corcoran, illustrated and discussed the City of Corcoran's Comprehensive Plan. He stated in the future, there could be the possibility of extending water and sewer services to the Northwest Plymouth area. Approval of Agenda Councilmember Hewitt requested to add an update on the I-494 Corridor Commission to the agenda as item No. 9.05 under Reports and Staff Recommendations. Motion was made by Councilmember Hewitt, and seconded by Councilmember Stein, to approve the amended a egnda. With all members voting in favor, the motion carried. Consent Agenda Motion was made by Councilmember Hewitt, and seconded by Councilmember Bildsoe, to approve the Consent Agenda, which included the following items: 6.01) Minutes from the Special Meeting of March 4 and Regular Meeting of March 11. 6.02) Resolution Approving Disbursements for the Period ending March 14, 2003 (Res2003- 132). 6.03) Resolution Renewing Garbage Hauler Licenses (Res2003-133). Adopted Council Minutes Regular Meeting of March 25, 2003 Page 3 of 9 6.04) Resolutions Approving Renewals of Consumption and Display Licenses for VFW Hamel and West Medicine Lake Community Club (Res2003-134 & Res2003-135). 6.05) Resolution Approving a Side Yard Setback Variance for Marlyn Sjaarda for Property located at 11720 38`h Avenue North (2003008 — Res2003-136). 6.06) Ordinance Amending the Text of Chapter 21 of the Plymouth City Code, entitled the Plymouth Zoning Ordinance (2003007 — Ord2003-06), and a Resolution Approving Findings of Fact for Zoning Ordinance Text Amendment to Allow Two Menu Boards with a Permitted Drive -Through Restaurant (2003007 — Res2003-137). 6.07) Resolution Approving a PUD Amendment to Allow Grading and Site Work for a Ball Field at the Association Free Lutheran Bible College for Property located at 3120 East Medicine Lake Boulevard (2003009 — Res2003-138), Ordinance Amending Chapter 21 of the City Code to Amend the Association Free Lutheran Bible College PUD for Property located at 3120 East Medicine Lake Boulevard (2003009 — Ord2003-07), and a Resolution Approving Findings of Fact for Amending the Zoning Ordinance Text for the Association Free Lutheran Bible College for Property located at 3120 East Medicine Lake Boulevard (2003009 — Res2003-139). 6.08) Ordinance Amending Section 715.05 of the Plymouth City Code Adopting Revised Sanitary Sewer Fees (Ord2003-08). 6.09) Resolution Approving Change in Fee for Audit Services for 2002 (Res2003-140). 6.10) Resolution Finding No Objection to Lawful Gambling Exemption for Zachary Lane Elementary PTA (Res2003-141). 6.11) Resolution Approving Change Order No. 2 for Lake Camelot Park (Res2003-142). 6.12) Resolution Approving Additional Funding for the Millennium Garden (Res2003-143). 6.13) Resolution Approving Development of Off Leash Dog Park at Egan Park (Res2003-144). 6.14) Resolution Declaring Adequacy of Petition and Ordering Preparation of Report for Street Lighting in Cascades Addition (Res2003-145), and a Resolution Receiving Report and Ordering Project for Street Lighting in Cascades Addition (Res2003-146). 6.15) Resolution Approving Hot Mix Asphalt Bids for 2003 (Res2003-147). 6.16) Resolution Approving a Contractural Pavement Marking Contract for the Years 2003 and 2004 (Res2003-148). 6.17) Resolution Approving Authorization to Proceed with Well No's. 14 and 15 (2027 & 2039 Res2003-149). 6.18) Resolution Approving Authorization to Proceed with the 2003 Mill and Overlay Improvement Project (2028, Phase I — Res2003-150). Adopted Council Minutes Regular Meeting of March 25, 2003 Page 4 of 9 6.19) Resolution Authorizing the Mayor and City Manager to Sign the Easement Acquisition Offer from Metropolitan Council Environment Services (MCES) for the Purchase of a Permanent Sanitary Sewer Easement and Temporary Construction Easement along 54th Avenue in Section 7 for the Medina Leg of the Elm Creek Interceptor Project MCES Parcel Number 13A MCES Project No. 900420 — Res2003-151). 6.20) Resolution Ordering Public Hearing on the Vacation of 2"d Avenue North, Greendale Drive and Greendale Lane, of Greendale Addition (Res2003-152). 6.21) Resolution Amending Vacation Resolution No. 2003-064 adopted by the City Council on January 28, 2003 (Res2003-153). 6.22) Resolution Approving Encroachment Agreement for Egress Window Well Construction at 3290 Garland Lane North (Res2003-154). 6.23) Resolution Designating Funding for Public Improvement Projects (Res2003-155). Councilmember Hewitt requested that if Peony Lane would be closed up to 54th Avenue this summer, that property owners be notified. The motion carried to approve the Consent Agenda. Public Hearings 7.1) Vacation of 6th Avenue North Street Right -of -Way in Wood Pointe Estates City Engineer Quanbeck illustrated the proposed Vacation and stated the 6`h Avenue North street right-of-way is no longer necessary, as there is a new alignment from 6`h Avenue from Pineview Lane east to Forestview Lane and Forestview Lane North from 6th Avenue to the Highway 55 service road. He stated the alignment was revised because of the wetland lying north of Wood Pointe Estates where future 6th Avenue was indicated. 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. 156). With all members voting in favor, the motion carried. 7.2) Approval of Aquatic Vegetation Management Plan City Engineer Quanbeck stated the Aquatic Vegetation Management Group studied long term and sustainable management techniques for Medicine Lake. He stated the objective was to Adopted Council Minutes Regular Meeting of March 25, 2003 Page 5 of 9 develop a plan that would be balanced, cost effective, environmentally sound, flexible, and provide a long-term approach. The Council conducted a Special Meeting on March 4 to discuss the plan, and a hearing was scheduled for this evening to consider approving the plan and appointing an Aquatic Vegetation Management Group. Water Resources Engineer Missaghi discussed the proposed Aquatic Vegetation Management AVM) plan for Medicine Lake. He highlighted and discussed the three types of management areas for the lake: protection, shoreline restoration, and control areas. He stated regarding the Aquatic Vegetation Management Group, the Environmental Quality Committee (EQC) is recommending that the following organizations appoint individuals to serve on the committee: 1. Association of Medicine Lake Area Citizens (AMLAC). 2. Bassett Creek Watershed Management Organization. 3. City of Medicine Lake. 4. Minnesota Department of Natural Resources. 5. Plymouth Engineering Department. 6. Plymouth Environmental Quality Committee. 7. Plymouth Parks Department. 8. The Three Rivers Park District. Mayor Johnson opened the public hearing for testimony. Bill Leonard, Councilmember for the City of Medicine Lake, stated he endorses the plan. He stated the plan provides an opportunity to make a difference and make an investment with one of the finest natural resources in the area. He thanked Water Resources Engineer Missaghi for his leadership and the opportunity for him to be part of the Aquatic Vegetation Management Committee. Dick Pouliot, 12105 290' Avenue North, stated he has received a permit for the past 20 years to destroy his weeds. He realizes that the number of the permits issued by the Department of Natural Resources (DNR) would be limited, but he would be concerned if he wouldn't be granted a permit. Councilmember Black commented that a beetle could be used to kill the purple loosestrife, which has been very successful on Gleason Lake. Rob Cail, 3050 Larch Lane, stated he shares the same concern as Mr. Pouliot with weed problems in front of his house. He stated he is opposed to wake restrictions on the lake. He asked where the wake zones would be located. He noted that he is a water skier, and skiers are very respectful of boating rules. He indicated that he didn't receive notice of this meeting until a few days ago, and there were a number of residents who were unaware that this plan was to be discussed this evening. Greg Wagner, 2534 West Medicine Lake Drive, stated the Council discussed water clarity, treatments, and storm sewers emptying into the lake over a year ago. He noted that his shoreline is considered a protected area, and he asked if that was. due to his decorative cattails. He stated no wake zones are proposed in the plan to assist in restoring shorelines. However, causes of Adopted Council Minutes Regular Meeting of March 25, 2003 Page 6 of 9 erosion include storm sewer runoff, wind, and ice. He stated a no wake zone wouldn't have any effect with the ice. He stated the proposed restrictions would affect 30% of the residents who reside on the lake that are water skiers. He noted that he just received notice of tonight's meeting. Mayor Johnson noted that the City's notification to residents was dated March 20, which is less than a week to 10 days notice. Mary Jo Gruidl, 11765 26th Avenue North, stated this is a great lake for water skiing. She suggested that perhaps the hours could be restricted for water skiing, i.e. before 7:00 a.m. or at dusk, which wouldn't affect the remainder the lake. She stated the clarity of the lake has improved greatly the past year. Pat Alagna, 1529 West Medicine Lake Drive, stated the retaining wall is collapsing at Medicine Lake Drive, and there is very little shoreline left to plant any native plants. She stated the waves from the lake are causing the path next to the retaining wall to sink and collapse. She noted that this would only get worse this spring when the ice thaws. Terrie Christian, 9910 South Shore Drive, stated she is Vice President of AMLAC, and she also served on the Aquatic Vegetation Management Committee. She stated current and former board members of AMLAC support the plan. She stated at their February annual meeting, a presentation was made to the residents, and there was no opposition. She stated regarding the DNR permits, they actually limit the amount of chemicals that can be used eight feet out into the lake. The curly leaf pondweed has a great impact on the water quality of the lake, so they are hoping to get that weed under control. In order to accomplish that goal, they will need as much of the control areas as possible for chemical treatment. In the future, once they have controlled the weeds, property owners would be able to apply for permits to treat their shorelines. This is an attempt to treat the lake in a way that would be beneficial for bothusersand property owners on the lake. She stated they were aware that there would be a concern in the north "arm" of the lake for water skiing. The Three Rivers Park District completed a global positioning system inventory that indicated that this north area contains a lot of aquatic vegetation that is very beneficial to the lake. Therefore, this area was designated as a study area over a period of time to determine what impact boating would have on that vegetation. She stated they would treating the weeds in the control areas so there would be more areas for water skiing, and skiers would be able to use the whole lake not just the north "arm" of the lake. There being no one else wishing to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. Mayor Johnson asked if all property owners who surround the lake were notified of tonight's meeting. City Engineer Quanbeck replied yes. In addition, if there was a roadway, all property owners on the opposite side of the roadway were also notified. Staff requested owners of multi- family properties to post the notice of tonight's meeting. He noted that the ski club, AMLAC, City of Medicine Lake, Channel 12, and newspaper were also notified. Water Resources Engineer Missaghi illustrated the no wake zones and stated that the buffer width is 100' from the edge of the areas that they are trying to protect from the wave action from Adopted Council Minutes Regular Meeting of March 25, 2003 Page 7 of 9 the lake. He reiterated that one of the goals is to improve the water clarity of the lake which in turn promotes good plant growth. He explained the process for property owners to obtain permits from the DNR. He stated permit requests would be reviewed by the Council prior to submission to the DNR. He stated he would contact Mr. Wagner regarding what plants staff reviewed by his shoreline that were classified as a protected area. City Manager Johnson stated if the Council would approve this plan, the no wake provisions would require another public process whereby the cities of Plymouth and Medicine Lake and the DNR would have to approve the zones. Motion was made by Councilmember Stein, and seconded by Councilmember Black, to adopt a Resolution Approving Medicine Lake Watershed Implementation and Management Plan Implementation Item: Approving the Aquatic Vegetation Management Plan (Res2003-157). Councilmember Stein complimented the proposed plan and thanked Water Resources Engineer Missaghi, the EQC, and the Aquatic Vegetation Management Committee. Councihnember Black echoed Councilmember Stein's comments, and stated that this plan really began in 1997 with the City's Surface Water Management Plan. She stated she is very excited to begin the process to improve the lake. She stated the City's surface water management fee is being used to fund this plan. Mayor Johnson indicated her support for the plan. She requested that when the Council considers the no wake zones, there be a 21 -day notice to all property owners. She suggested that the notification include the City's website address and contact numbers for council. In addition, she requested this plan be placed on the City's website. Mayor Johnson requested a friendly amendment to the motion to amend the Resolution to add an at large member to the AVM Implementation group, who owns property on the lake. This friendly amendment was accepted. Mayor Johnson requested that staff advertises for this opening, and the Council makes the appointment. There being no further discussion and with all members voting in favor, the motion carried. General Business 8.1) Consideration of Resolution and Ordering Abatement of a Hazardous Building located at 9805 Highway 55 (Candlewood Suites) Building Official Ryan illustrated the property located at 9805 Highway 55. He stated on October 2, 2001 a footing/foundation permit was issued to the general contractor, Tech Builders Adopted Council Minutes Regular Meeting of March 25, 2003 Page 8 of 9 Inc., for this property for the purpose of constructing a hotel. On November 6, 2001, the final inspection was approved for the footing/foundation work. On November 14, 2001 the remainder of the building permit was issued to the owner of the property, Equus — Plymouth LLC for the completion of the building construction. Although construction of the first floor framing began shortly thereafter, development of the project was abandoned in the fall of 2001. He stated on June 28, 2002, the property owner requested an extension of the building permit. On July 5, 2002 staff approved the permit request until January 5, 2003. The owner was advised at that time that if the remainder of the work wasn't completed by January 5, 2003, the permit would expire, and the issuance of a new building permit would be required to complete any remaining construction. He noted on February 3, 2003 staff mailed correspondence to both the property owner and the general contractor advising them that due to the abandonment of the project, the partially constructed building, in its present condition, meets the statutory definition as a hazardous structure. He stated in addition to the length of abandonment, the partially constructed wood framing members show signs of deterioration due to prolonged weather exposure. There is also an existing seven -foot by eight -foot elevator pit below the concrete slab which is approximately four feet deep and unprotected. Although the property is fenced, there is an unlocked gate opening along the southwest corner of the site allowing trespass to occur. The result of these conditions represents both a fire hazard to public safety, and thus meets the statutory definition as a hazardous building or hazardous property. He stated the City's next action according to the City's policy for demolition orders is to adopt a Resolution authorizing the City Attorney to serve the order and proceed with enforcement in accordance with Minnesota Statutes, which will allow the City to demolish the buildings and assess all related costs against the property. Once served, the owner would have 20 days to file an answer. If they do, the City would then request a hearing date which might take up to several months to obtain. If no answer if filed within 20 days, the matter would go to default, and the judge would simply sign the order which would allow the City to proceed with demolition. Once signed, the City would then direct negotiations with contractors to perform the demolition services. This process could be completed within a few months. He recommended that the scope of the demolition work only include the removal of all discarded construction materials from the site, the complete removal of all wood framing down to the concrete floor slab, and the elevator pit filled in or covered and secured to prevent fall and injury. The entire site must also remain fenced and locked to prevent any trespass from occurring. Councilmember Stein asked if the demolition of the wood also includes the pipes protruding above the floor. Building Official Ryan replied no. Councilmember Stein asked if offsite mitigation for the wetland has been completed for this site. Community Development Director Hurlburt replied no. Motion was made by Councilmember Stein, and seconded by Councilmember Hewittto adopt a Resolution Approving Demolition Order for Removal of Hazardous Building located at 9805 Adopted Council Minutes Regular Meeting of March 25, 2003 Page 9 of 9 Highway, with the City Attorney serving the Demolition Order and Proceeding with Enforcement in Accordance with Minnesota Statutes 463.15 (Res2003-158). David Greisher, representing Tech Builders, stated they would like to continue being involved with this project. With all members voting in favor, the motion carried. Reports and Staff Recommendations 9.05) Update on I-494 Corridor Commission Councilmember Hewitt stated a portion of the I-494 project could be moved up to 2004, but it would only be up to Carlson Parkway. Therefore, she requested that the Council send letters to U.S. Senators Coleman and Dayton, and U.S. Representative Ramstad requesting Federal funding for the reconstruction of the highway up to the Fish Lake interchange in Maple Grove. 9.1) Legislative Update City Manager Johnson stated that the bill which was proposed for a property tax freeze, has been revised for street bonding. Staff is currently reviewing the proposed deadline of May 31 for street bonding. He noted that there have been a few changes to the building official certification legislation and that the regulations would apply to a designated building official in a city rather than all building officials/inspectors. Mayor Johnson reported on the progress of the relocation bill. She noted that there is proposed legislation for removing local control on tobacco compliance checks, and she has testified against the bill. Adiournment Mayor Johnson adjourned the meeting at 9:15 p.m. Sandra R. Paulson, City Clerk i.