HomeMy WebLinkAboutCity Council Minutes 07-23-2002Adopted Minutes
Regular Council Meeting
July 23, 2002
Mayor Tierney called a Regular Meeting of the Plymouth City Council to order at 7:05 p.m. in
the Council Chambers of City Hall, 3400 Plymouth Boulevard, on July 23, 2002.
COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Harstad, Johnson, Slavik, and
Stein.
ABSENT: Councilmember Black.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Fire Chief Kline,
Finance Director Hahn, Planning Manager Sennes, Public Works Director Faulkner, Park
Superintendent Peterson, Police Chief Gerdes, City Attorney Knutson, and City Clerk Paulson.
Plymouth Forum
Terrie Christian, 9910 South Shore Drive, representing AMLAC, thanked the Vegetation
Management Group for organizing the weed harvesting on Medicine Lake, Water Resources
Engineer Missaghi and Solid Waste Coordinator Vigoren for assistance with the AMLAC
shoreland refuse cleanup, Park and Recreation Department for the maintenance on the east beach
building, and the City staff for keeping them updated on the Bassett Creek Watershed District's
proposed budget. She stated she attended the Bassett Creek Watershed District's last meeting
and voiced her support for the City's position on their proposed budget. Lastly, she requested
they be involved with the capital improvement planning process for the City.
Lonnie Berke, 4470 Forestview, reported on the street reconstruction project on the south side of
Schmidt Lake Road and the neighborhood's displeasure with the lack of communication from
City staff. He stated they first complained to the City when the roads, after being torn up, were
highly corregulated and potholed. This condition was in place for one month. After they spoke
with City staff, grading trucks were immediately on the site eliminating the problem. Secondly,
residents received a form letter from the City, but the City failed to notify residents where they
could park, and what roads are going to be closed. He stated the roads are to be totally passable
during non -construction hours. He indicated there have also been a number of instances where
their roads are totally unusable, the City never notified the residents. He requested that during
this road reconstruction, the City discontinue their policy of ticketing vehicles for all night
parking on City streets. He stated some the residents choose to move their cars the evening
before due to the road construction in the morning. He also mentioned that some of the
contractors are not wearing seatbelts during the operation of their equipment, which is an OSHA
violation.
Public Works Director Faulkner stated that street reconstruction is a very difficult process. He
stated it's the contractor's responsibility to provide "door notices" to residents informing them
when the roads are unusable and what measures need to be taken. Staff would be contacting the
contractor to request that these notices include more information. He stated staff would also be
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Regular Meeting of July 23, 2002
Page 2 of 9
sending a newsletter to residents updating them on the project. He encouraged residents to
contact the City by utilizing the construction hotline number.
Police Chief Gerdes stated their department would work with residents to resolve any tickets
associated with this project that were issued for overnight parking.
Presentations and Public Information Announcements
4.01) Proclaim Falun Dafa Week in Plymouth
Councilmember Hewitt reported that the Human Rights Commission met with several residents
on their request for the City to proclaim "Faun Dafa Week." She stated that Falun Dafa is a
traditional Chinese discipline that includes exercise and meditation, but it is not a religion. The
principles are based on truth, compassion, and tolerance. She noted that the practice of Falun
Dafa began in China in 1992 and was brought to Minnesota in 1998. Plymouth was the first
practice site in Minnesota.
Mayor Tierney read the proclamation proclaiming August 5-9 as "Falun Dafa Week."
4.02) Proclaim August 6 as "National Night Out"
Police Chief Gerdes encouraged neighborhoods to contact the Police Department to register for
the annual "National Night Out" on August 6. He stated the Police and Fire Departments would
be participating in this community event.
Mayor Tierney read the proclamation proclaiming August 6 as "National Night Out."
Councilmember Johnson added there is a planning meeting for residents on July 29.
Approval of Agenda
City Manager Johnson requested to add the purchase offers for 3225 County Road 101 under
General Business as item No. 8.1.
Motion was made by Councilmember Johnson, and seconded by Councilmember Hewitt, to
approve the amended agenda. With all members voting in favor, the motion carried.
Consent Agenda
Mayor Tierney asked if there were any additions, corrections, or deletions to be made to the
Consent Agenda.
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Regular Meeting of July 23, 2002
Page 3 of 9
Councilmember Harstad requested to remove item No. 6.03 and place it under General Business
as item No. 8.2.
Motion was made by Councilmember Johnson, and seconded by Councilmember Slavik, to
approve the amended Consent Agenda, which included the following items:
6.01) Special and Regular Council Minutes of July 9.
6.02) Resolution Approving Disbursements for the Period ending July 12, 2002 (Res2002-330).
6.03) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.2).
6.04) Resolution Approving a Variance to allow an Impervious Surface Coverage of 28.3
Percent to construct an Addition at 11620 45th Avenue North (2002074 — Res2002-3 3 1).
6.05) Acceptance of the first six months of 2002 financial report.
6.06) Resolution Authorizing the City Manager and the Police Chief to conduct the 2002 Deer
Management Program (Res2002-332).
6.07) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment for Delinquent Water, Sewer, Recycling, Surface Water Fee and Street Lighting
Service Charges (Res2002-333), and a Resolution Calling for Public Hearing on Proposed
Assessment for Delinquent Water, Sewer, Recycling, Surface Water Fee, and Street Lighting
Service Charges (Res2002-334).
6.08) Resolution Approving Change Order No. 2 for Cheshire Lane Bridge and Street
Improvements (9006 — Res2002-335).
6.09) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for
Old Rockford Road Trail Improvements (20 10 — Res2002-3 3 6).
6.10) Resolution Awarding Contract for Fire Station No. 3 Parking Lot Reconstruction Project
1010 — Res2002-337).
6.11) Resolution Reducing Required Financial Guarantee for Holly Creek Village Addition
97011— Res2002-3 3 8).
6.12) Resolution Ordering Public Hearing on the Vacation of the Utility and Drainage
Easement, a Driveway Easement, and Water Access Easement (Res2002-339), and a Resolution
Ordering Public Hearing on the Vacation of a Driveway Easement (Res2002-340).
6.13) Resolution Declaring Adequacy of Petition and Ordering Preparation of Report for Street
Lighting in Summer Creek Addition (Res2002-341), and a Resolution Receiving Report and
Ordering Project for Street Lighting in Summer Creek Addition (Res2002-342).
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Regular Meeting of July 23, 2002
Page 4 of 9
6.14) Resolution Approving Changes to the Suburban Transit Association Bylaws (Res2002-
343).
The motion carried to approve the amended Consent Agenda.
Public Hearings
7.1) Approval of On -Sale 3.2 Malt Liquor License for C.I.A.O., Inc. d/b/a Broadway
Pizza, 4190 Vinewood Lane, Suite 120
City Clerk Paulson reported on the request of C.I.A.0. Inc. for a 3.2 Malt Liquor License for
Broadway Pizza at 4190 Vinewood Lane.
Mayor Tierney opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Tierney
declared the public hearing closed.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Harstad, to
adopt a Resolution Approving, On -Sale 3.2 Malt Liquor License for C.I.A.O. Inc., d/b/a
Broadway Pizza of Plymouth, 4190 Vinewood Lane, #120 (Res2002-344).
Police Chief Gerdes noted that the applicant had failed compliance checks in July 1999 and
December and then voluntarily surrendered their licenses. He noted that the December 1999
violation would be subject to the "look back" period if there would be a compliance check
violation this year. He indicated that the applicant would be participating in the City's Best
Practices Program.
There being no further discussion and with all members voting in favor, the motion carried.
7.2) Approval of On -Sale and Sunday Intoxicating Liquor License for Pirosmani, Inc.
d/b/a
City Clerk Paulson reported on the request of Pirosmani, Inc. for On -Sale Intoxicating Liquor
and Sunday Liquor Licenses for Pirosmani at 1115 Vicksburg Lane. She stated staff is
recommending the condition that "no amplified music or sound is permitted on the site between
the hours of 10:00 p.m. and 9:00 a.m."
Mayor Tierney opened the public hearing for testimony.
Mark Stipakov, representing the applicant, stated he would be happy to answer any questions.
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Regular Meeting of July 23, 2002
Page 5 of 9
Jerry Cochran, 1051 Weston Lane, stated her bedroom is adjacent to the side of the strip mall
where the restaurant is located. She stated she has no objection to the issuance of the liquor
licenses if the noise condition is part of the approval.
Leo Jordan, 15905 14th Avenue North, voiced his objection and concern that the applicant would
be expanding to hard liquor sales as well as Sunday sales.
Mr. Stipakov stated there would be no outside music.
Police Chief Gerdes clarified that there could be no amplified music on site whether it be indoors
or outdoors during the hours of 10:00 p.m. to 9:00 a.m. as proposed.
Mr. Stipakov stated the establishment would be open 10:00 a.m. to 9:00 p.m. Monday through
Thursday and 10:00 a.m. to 1:00 a.m. on Friday and Saturday. He stated the establishment
would only be open during the day on Sunday.
There being no one else wishing to appear before the Council to give testimony, Mayor Tierney
declared the public hearing closed.
Councilmember Slavik indicated her concern that this establishment is in very close proximity to
1 the neighborhood, especially when the applicant intends to be open until 1:00 a.m. She
suggested that there be a condition on the approval that there be no liquor sales after 10:00 p.m.
on Fridays and Saturdays.
Councilmember Johnson asked what the guiding is for this property. Planning Manager Senness
replied it is guided commercial, and there is a Conditional Use Permit for this property.
Councilmember Slavik stated the liquor license approval is separate from the Conditional Use
Permit. She stated there had previously been problems at this address with patrons and the close
proximity to the neighborhood. Therefore, she wouldn't support allowing the applicant to serve
alcohol until 1:00 a.m.
Councilmember Johnson voiced her support for the condition that there be no amplified music or
sound on the site from 10:00 p.m. until 9:00 a.m. She suggested that the Council not restrict the
hours of liquor sales but rather review the situation until the licenses are renewed in January
2003. If there would be any problems, the Council could place additional restrictions on the
applicant's license at that time.
Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to
adopt a Resolution Approving On -Sale and Sunday Intoxicating Liquor Licenses for Pirosmani,
Inc. d/b/a Pirosmani, 1115 Vicksburg Lane, with the condition that alcohol couldn't be served
after 10:00 p.m. Sunday through SaturdaX.
City Attorney Scott stated the Council can't place a restriction on the license regarding the hours
of sale because this is established by state law.
Adopted Council Minutes
Regular Meeting of July 23, 2002
Page 6 of 9
Councilmember Slavik withdrew her motion.
Motion was made by Councilmember Stein, and seconded by Councilmember Harstad, to adopt
a Resolution Approving On -Sale and Sunday Intoxicating Liquor Licenses for Pirosmani, Inc.
d/b/a Pirosmani, 1115 Vicksburg Lane (Res2002-345).
Councilmember Slavik stated she wouldn't support the motion as this use isn't compatible with
the residential character of the neighborhood.
Councilmember Johnson asked if the City would be able to address any concerns through their
Conditional Use Permit. Planning Manager Senness replied if there any complaints registered
with the property, staff would investigate.
There being no further discussion and with all members voting in favor but Slavik, the motion
carried.
7.3) Approval of Vacation of a Street and Utility Easement for Glacier Vista
Public Works Director Faulkner reported on the proposed Vacation of the permanent easement
for street and utility purposes that lies along the east line of Glacier Vista. He explained that the
easement was granted to the City when the lots were divided along the east and north sides of
Pomerleau Lake. The original easement was intended for the extension of Fernbrook Lane.
Since the location for the street has been moved to the east and is named Cheshire Lane, the
easement is no longer necessary for street purposes.
Mayor Tierney opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Tierney
declared the public hearing closed.
Motion was made by Councilmember Stein, and seconded by Councilmember Hewitt, to adopt a
Resolution Authorizing the Vacation of a Permanent Easement for Street and Utility Purposes
recorded under Document No. 4968927 (Glacier Vista — Res2002-346). With all members
voting in favor, the motion carried.
7.4) Approval of Disposition of Unneeded City Right -of -Way, Trunk Highway No. 383
Renumbered 169 located north of 45th Avenue west of Trunk Highway No.169
Public Works Director Faulkner reported on the proposed conveyance of the unneeded Trunk
Highway No. 383 renumbered 169 right-of-way to Liberty Properties. He stated the Sand
Companies, in attempting to record the Final Plat of Shadow Hills, were informed by the County
that the City would need to quit claim the City interest in the Trunk Highway 169 right-of-way to
Liberty Properties, owner of the abutting property north of Shadow Hills. Liberty Properties,
through an agreement with the Sand Companies, would then deed the right-of-way to the Sand
Companies so the Final Plat of Shadow Hills could be recorded.
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Regular Meeting of July 23, 2002
Page 7 of 9
Mayor Tierney opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Tierney
declared the public hearing closed.
Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to adopt
a Resolution Authorizing the Disposition of Real Property for Trunk Highway 383 Renumbered
169 (Res2002-347). With all members voting in favor, the motion carried.
General Business
8.1) Approval of Sale of City Owned Property at 3225 County Road 101
Therese Griffith, of Bedrock Real Estate, reported on two purchase offers that have been
received for the subject property. She noted that that the highest offer is from Jesus Diaz and he
has requested $4,000 for repair to the furnace and a few broken windows.
Ms. Griffith suggested that the Council consider amending the purchase agreement to say "not to
exceed $4,000" for the furnace and window repairs.
Councilmember Harstad suggested that item No's. 9 and 16 in the addendum to the purchase
agreement state that the buyer is responsible for those items.
Motion was made by Councilmember Harstad, and seconded by Councilmember Johnson, to
adopt a Resolution Authorizing the Sale of 3225 County Road 101 to Jesus Diaz (Res2002-348).
Motion was made by Councilmember Harstad, and seconded by Councilmember Stein, to amend
the main motion to amend item No's. 9 and 16 in the addendum to purchase agreement to state,
All items listed on the inspection report dated August 1, 2001 by Warren Kulesa must be
repaired prior to occupancy of the property. This is the responsibility of the buyer." and "The
driveway access to 101 will not be allowed. A new driveway to Queensland Avenue must be
constructed. This is the responsibility of the buyer."
Ms. Griffith asked if the Council desires to impose a time limit on the driveway access (item No.
16).
Councilmembers Stein and Harstad suggested that the addendum to the purchase agreement state
that there is no access to the property from County Road 101.
Planning Manager Senness added there needs to be an improved surface for the driveway, but it
doesn't need to be asphalt.
Motion was made by Councilmember Johnson, and seconded by Councilmember Slavik, to
amend the amendment for item No. 16 of the addendum to read, "The driveway access to 101
will not be allowed. A new driveway to Queensland Avenue must be constructed. This is the
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Regular Meeting of July 23, 2002
Page 8 of 9
responsibility of the buyer, and it must be completed within one year of the closing." With all
members voting in favor but Harstad, the motion carried.
The Council voted on the amended amendment and with all members voting in favor, the motion
carried.
A discussion was held on the request of the buyer for $4,000 allowance to repair the furnace and
broken windows. Councilmember Johnson suggested that the Council limit that expense to
4,000.
Motion was made by Councilmember Johnson, and seconded by Councilmember Slavik, to
amend the purchase agreement to limit the maximum amount of expenditures to repair the
windows and furnace as noted in the Minnesota Real Estate Multiple Listing Service at $4,000.
Councilmember Stein asked if staff received a contractor's estimate to repair the furnace. Public
Works Director Faulkner replied no.
Motion was made by Councilmember Johnson, and seconded by Councilmember Stein, to amend
the amendment to state that the City would give $4,000 to the buyer for repair of broken
windows and furnace repair. This amount would be escrowed for that purpose only, and the
repairs would need to be completed in a timely fashion.
The Council voted on the amendment and 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.
The Council held a discussion with City Attorney Scott on the septic system and well.
Motion was made by Councilmember Johnson, and seconded by Councilmember Stein, to amend
item No. 20 of the addendum to the purchase agreement to read, "Sellers will be held harmless
for any issues in any case regarding_any septic system or well, including but not limited to any
contaminants and environmental health hazards related thereto." With all members voting in
favor, the motion carried.
Councilmember Johnson asked if the City is held harmless regarding item No. 14 of the
addendum to the purchase agreement that stated "The basement may have radon gas." Ms.
Griffith replied yes.
There being no further discussion, the Council voted on the amended main motion. With all
members voting in favor, the motion carried.
8.2) Approval of Final Plat and Development Contract for Coldwell Banker Burnet for
Killian's Gate" Addition for 12795 6th Avenue North, located South of 6th Avenue and
West of Pineview Lane (2002027-F)
Adopted Council Minutes
Regular Meeting of July 23, 2002
Page 9 of 9
Councilmember Harstad suggested that the Council discuss at a future Study Session whether
there should be public access to each of the lakes in the City. This could be accommodated by a
public trail. He stated the surface water management fee is for the purpose of improving the
surface water quality of the watersheds and lakes, and residents should have access to those
areas.
Mayor Tierney noted that there would be the greenway adjacent to this property.
Planning Manager Senness confirmed that there would be no walk-in access to Cavanaugh Lake.
Mayor Tierney agreed that perhaps the Council discuss this at a Study Session, but that shouldn't
affect this proposed project at the Final Plat stage.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Johnson, to
adopt a_Resolution Approving Final Plat and Development Contract for Coldwell Banker Bi
for "Killian's Gate" Addition for 12795 6th Avenue North, located South of 6t`' Avenue and West
of Pineview Lane (2002027-F — Res2002-349). With all members voting in favor, the motion
carried.
Councilmember Harstad requested that the Park and Recreation Advisory Commission consider
l a policy for public access to lakes.
Reports and Staff Recommendations
There were no Reports and Staff Recommendations).
Adiournment
Motion was made by Councilmember Slavik, and seconded by Councilmember Stein, to adjourn
the meeting at 8:30 p.m. With all members voting in favor, the motion carried.
Sandra R. Paulson, City Clerk