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
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Regular Meeting of March 25, 2003
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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).
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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).
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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
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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
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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
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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
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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
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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.