HomeMy WebLinkAboutCity Council Minutes 10-08-2002Adopted Minutes
Regular Council Meeting
October 8, 2002
Mayor Tierney called a Regular Meeting of the Plymouth City Council to order at 7:02 p.m. in
the Council Chambers of City Hall, 3400 Plymouth Boulevard, on October 8, 2002.
COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Slavik, Black, Harstad,
Johnson, and Stein.
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STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Fire Chief Kline,
Community Development Director Hurlburt, Public Works Director Faulkner,. Park and
Recreation Director Blank, Lieutenant Franz, Finance Director Hahn, Communications Manager
LaFave, Environmental Education Coordinator Vigoren, City Attorney Knutson, and City Clerk
Paulson.
Plymouth Forum
Amber Finke, with Minnesota Jaycees, 14600 34th Avenue North, announced that she is in the
process of organizing a Jaycees chapter in the City. She noted that they would be contacting
residents to receive their support.
Presentations and Public Information Announcements
4.01) Osseo School District Referendum
Superintendent Chris Richardson made a presentation on School District 279's operating levy
referendum on the November 5 General Election ballot.
Councilmember Black suggested that the City include information on this referendum on the
City's website and on cable.
4.02) Presentation on "City County Communications and Marketing Award"
Environmental Education Coordinator Vigoren and Communications Manager LaFave presented
to the Council the "City County Communications Marketing Award" that the City received for
the environmental newsletter, the Connection.
Councilmember Black congratulated staff for receiving this award, and she noted that she has
received many compliments on this newsletter.
Adopted Council Minutes
Regular Meeting of October 8, 2002
Page 2 of 7
4.03) Presentation on City Photo Contest
Communications Manager LaFave reported on this year's City photo contest. She stated the
deadline for submission of photographs is October 30, and the categories are people, events,
Cityscapes, and nature.
4.04) Announcement of Fire Department Open House
Fire Chief Kline reported on the Fire Department Open House on October 12 from 12:00 p.m. to
4:00 p.m. at Fire Station No. 3. He reported on the events that would be held.
4.05) Announcement of Teen Concert
Councilmember Johnson reported on the Teen Concert scheduled for October 12 from 2:00 p.m.
to 9:00 p.m. at the Hilde Performance Center. She noted that this concert is being funded by the
Teen Driving Safe Grant. She also thanked Target Corporation for their support.
Approval of Agenda
Mayor Tierney requested to add the scheduling of future Study Sessions as item No. 8.3 under
General Business.
Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to
4pprove 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.
City Manager Johnson noted minor corrections to the Regular Council Meeting minutes of
September 24, as requested by Councilmember Harstad.
Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to
approve the Consent Agenda, which included the followingits_
6.01) Special Council Meeting of September 24 (as amended) and Regular Council Meeting of
September 24, 2002.
6.02) Resolution Approving Disbursements for the Period ending September 27, 2002
Res2002-450).
6.03) Resolution Appointing Election Judges for General Election (Res2002-451).
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Regular Meeting of October 8, 2002
Page 3 of 7
6.04) Resolution Approving Conditional Use Permit to Allow Installation of a Monopole
Antenna Tower and Related Ground Equipment for Qwest Wireless, LLC, in the Forestview
Lane Right -of -Way located South of Highway 55 (Res2002-452).
6.05) Resolution Approving Land Exchange Agreement with Three Rivers Park District
Res2002-453), Resolution Approving a Trailway Cooperative Agreement (2002133 — Res2002-
454), and a Resolution Approving a Public Trail Easement and Agreement (2002133 — Res2002-
455), and a Resolution Approving the Lake Camelot Cooperative Trail Agreement (2002133 —
Res2002-456).
6.06) Resolution Finding No Objection to Lawful Gambling Exemption for Kimberly Lane
Elementary PTA (Res2002-457).
6.07) Resolution Approving a Side Yard Setback Variance for Paul and Marna Skarstad for
Property located at 2415 Garland Lane North (2002110 — Res2002-458).
6.08) Resolution Authorizing Execution of Agreement with the State of Minnesota for
Underage Compliance Check Reimbursement (Res2002-459).
6.09) Resolution Authorizing Execution of Agreement for COPS School Program to fund one
additional School Liaison Officer Position (Res2002-).
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6.10) Resolution Approving Construction Cooperative Agreement for County Road 101
Improvements from Trunk Highway No. 55 to County Road 47 (1026 — Res2002-461).
6.11) Resolution Requesting the Minnesota Department of Transportation to Conduct -a Speed
Zoning Study from Old Rockford Road from Trunk Highway 55 to Rockford Road (Res2002-
462).
6.12) Resolution Approving Metropolitan Council Grant Agreement No. SG -02-139 for
Regional Funding to Purchase Dial -a -Ride Technology Upgrade (Res2002-463), Resolution
Approving Metropolitan Council Grant Agreement Amendment No. SG -01-57 for Regional
Funding to Fund the Reserve Transit Station (Res2002-464), and a Resolution Approving 2001
National Transit Database Funding Projects (Res2002-465).
6.13) Resolution Approving Final Payment and Change Order No. 2 to CDP Sewer and Water
Res2002-466).
6.14) Resolution Approving Revised Bias/Hate Crime and Bias Incident Response Plan
Res2002-467).
6.15) Approve the request of the Minnesota Lakes Association for comments on 2003
legislative priorities to the Environmental Quality Committee for review and report to the
Council.
Adopted Council Minutes
Regular Meeting of October 8, 2002
Page 4 of 7
6.16) Resolution Amending Resolution 2002-299 to Extend Deadline for Demolition of Home
at 6010 Troy Lane (Res2002-468).
The motion carried to approve the amended Consent Agenda.
Councilmember Hewitt thanked the Human Rights Commission for updating the Hate and Bias
Crime Response Plan (item No. 6.14).
Public Hearings
7.1) Approval of On -Sale Intoxicating and Sunday Liquor Licenses for Plymouth Jakes,
Inc. d/b/a Jake's Sports Caf6, 3005 Harbor Lane
City Clerk Paulson reported on the request of Plymouth Jakes, Inc. for On -Sale Intoxicating and
Sunday Liquor Licenses for Jake's Sports Cafe located at 3005 Harbor 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 Slavik, and seconded by Councilmember Johnson, to
adopt a Resolution Approving On -Sale Intoxicating and Sunday Liquor Licenses for Plymouth
Jakes, Inc. d/b/a Jake's Sports Cafe, 3005 Harbor Lane (Res2002-469). With all members voting
in favor, the motion carried.
General Business
8.1) Consider Purchase Agreement for City -Owned Property at 4020 County Road 101
9005)
Public Works Director Faulkner reported on the sale of City -owned property at 4020 County
Road 101. He stated this older home is in poor condition and requires substantial work to meet
basic code requirements, including a new furnace, roof, plumbing and electrical work. He stated
due to the age and poor condition of the home, staff recommended to sell this property "as is" to
a licensed contractor only, and require plans and specifications for rehabilitating this structure,
including code corrections, prior to occupancy. In addition, a stipulation was included requiring
that the access to the property be relocated from County Road 101 to adjacent 40th Avenue.
With these conditions, the City's real estate agent recommended a listing price of $129,900 with
a 3.9% commission fee. The Council approved the listing agreement on September 9 with the
above stipulations.
He stated the City's real estate agent has received three offers on the property. The first offer is
from Ilya Construction Company in the amount of $129,900. Their purchase agreement would
Adopted Council Minutes
Regular Meeting of October 8, 2002
Page 5 of 7
be contingent upon the City's approval of the buyer's plan to demolish the existing structures on
the property and construct a single family or two-family twinhome on the lot. The second
purchase offer was received from Debra Favre in the amount of $145,000. Ms. Favre would
purchase and renovate this home through the FHA 203(K) program. He stated that Ms. Favre is
not a licensed contractor; therefore, the requirements of the listing agreement are not met. She
submitted a sworn statement from a licensed contractor, but not all of the needed repairs were
included. He noted that since this purchase would be financed through an FHA mortgage, it is
likely that at least some level of lead-based paint abatement would be necessary which would
add several thousand dollars to the repairs. The City Attorney has reviewed this agreement and
recommended that if this offer is accepted, language be added to clarify that the City would not
be responsible for any repairs or corrections that would be required by the FHA financing. A
contingency prohibiting occupancy until code violations were corrected would. also be needed:
He st^aged the third purchase offer is -r-- m Cook Construction in the arnou.t of $115,000. There
was no indication on the purchase agreement as to whether the current structure would be
renovated or if a new structure would be constructed. He stated staff recommends that the
Council accept the purchase agreement from Ilya Construction Company.
Councilmember Hewitt asked if the adjacent church would be interested in purchasing this
property. Public Works Director Faulkner stated they were contacted, but they have no interest
in the property.
1 Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to adopt
a Resolution Approving a Purchase Agreement from Ilya Construction Company for City Owned
Property at 4020 County Road 101 (9005 — Res2002-470).
Debra Favre, 17530 41St Avenue North, stated she received a list of repairs contained in a
memorandum from staff, and her contractor addressed those repairs. She asked if there are
additional repairs that are needed to the property that weren't included in that memorandum.
Public Works Director Faulkner replied there were additional items that staff identified after that
memorandum was prepared. Community Development Director Hurlburt added that the sworn
construction statement to repair the drywall wouldn't be adequate to repair the ceilings, and the
bid did not include repairs to the foundation which is also necessary.
Ms. Favre stated if the Council would grant her additional time, she would present a revised
statement from her contractor that would address all items that need to be repaired.
City Manager Johnson reminded the Council of their action on September 9 to approve the
listing agreement with the City's real estate agent, which was to sell the property only to a
licensed contractor.
Ilya Epshteyn stated that this property is only 15 feet from the rear yard setback. He stated due
to the many repairs that would necessary to the home, he would prefer to demolish the home.
There being no further discussion and with all members voting in favor, the motion carried.
Adopted Council Minutes
Regular Meeting of October 8, 2002
Page 6 of 7
Councilmember Johnson thanked Therese Griffith from Bedrock Real Estate for her assistance in
selling the County Road 101 properties.
8.2) Consideration of Options for finishing the Lower Level of the Plymouth Creek
Center
Park and Recreation Director Blank reported that Council has reviewed conceptual plans for
finishing the lower level of the Plymouth Creek Center. He noted that this project could be
constructed in two phases, but it would be more expensive. It would also increase the amount of
disruption to the use of the building. He stated staff has identified two options. The first option
would be to proceed with the final plans and specifications and go out for bid late this year or
early next year. Construction would begin in the first quarter of 2003 and hopefully be
completed by April. J Jith option two, the City vmuld wait vr th construct; ,:rtiA after the
Legislature adjourns in case there would any negative impact to the City's operating budget of
2003. He stated there is approximately $600,000 identified that could be used on the project
which would fund 2/3 of the project. The 2003 budget includes $309,000 in the capital
improvement levy. These funds are earmarked for finishing the lower level, which would bring
the total budget to approximately $900,000. However, if the Legislature cuts aid to cities, these
funds may not be available. Therefore, staff is recommending Option 2.
Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to
1 approve Option 2 and postpone this project until the second half of 2003. With all members
voting in favor, the motion carried.
8.3) Scheduling of Future Study Sessions
Motion was made by Councilmember Stein, and seconded by Councilmember Slavik, to remove
the Metropolitan Council's 2030 Blueprint from the November 19 Study Session and place it on
the October 22 Regular A egnda. With all members voting in favor, the motion carried.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Slavik, to
conduct the Truth and Taxation Hearing reconvened on December 9 at 6:00 p.m. followed by
Board and Commission interviews at 6:30 p.m. or immediately following the hearing. With all
members voting in favor, the motion carried.
Councilmember Johnson requested the topic of jake braking of trucks be added to the pending
Study Session list.
Mayor Tierney suggested that the budget of the Northwest Hennepin Human Services Council be
discussed at the November 19 Study Session.
City Manager Johnson requested to broaden that item to include any final budgetary items at that
meeting.
A discussion was held on the land trusts and related housing issues that are included on the
pending Study Session list.
Adopted Council Minutes
Regular Meeting of October 8, 2002
Page 7 of 7
Community Development Director Hurlburt stated the HRA would be discussing this topic at
their November 21 meeting. She stated the HRA could provide a report to the Council on the
their discussion of this topic and perhaps have a joint meeting with the Council in the future.
Motion was made by Myor Tierney, and seconded by Councilmember Hewitt, to add jake
braking of trucks to the pending Study Session list and add final budgetary items (including the
budget for Northwest Hennepin Human Services Council) to the November 19 Study Session.
With all members voting in favor, the motion carried.
Reports and Staff Recommendations
There were no reports and staff reconu-nendations.
Adiournment
Motion was made by Councilmember Slavik, and seconded by Councilmember Stein, to adjourn
the meeting at 8:20 p.m. With all members voting in favor, them on carried.
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Sandra R. Paulson, City Clerk