HomeMy WebLinkAboutCity Council Minutes 12-18-2001Adopted Minutes
Regular Council Meeting
December 18, 2001
A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 8:00
p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on December 18,
2001.
COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Black, Harstad, Johnson,
Slavik, and Stein.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Police Chief
Gerdes, Fire Chief Kline, Finance Director Hahn, Lieutenant Goldstein, Community
Development Director Hurlburt, Park and Recreation Director Blank, Public Works Director
Faulkner, City Attorney Knutson, and City Clerk Paulson.
Plymouth Forum
Jim Touve, 17216 Peterborg Road, spoke of what he believes is a misunderstanding and/or an
error in the City Council minutes regarding the mitigation agreement with Homestead Village for
the little peninsula. He stated during the Council meeting, the removal of foundation materials
and steel barge from the peninsula was discussed. However, the term "debris" was used in the
adopted resolution as well as in the minutes from that meeting. Therefore, the developer has
indicated that he isn't obligated to remove the foundation materials, as they aren't considered
debris." He stated the developer's attorney and the City Attorney have determined that the
foundation materials wouldn't be considered "debris," therefore, the developer wouldn't be
obligated to remove the foundation materials.
City Manager Johnson stated that staff would research this matter and provide a report for the
Council and Mr. Touve.
Presentations and Public Information Announcements
4.1) Presentation by Home Free
Mary Montreian, Director of Home Free, thanked the Police Department for their good
relationship. She also presented a plaque to Police Chief Gerdes personally thanking him for his
contributions.
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Regular Meeting of December 18, 2001
Page 2 of 11
4.2) Presentation of Citizen Academy Graduates
Lieutenant Goldstein and Mayor Tierney presented certificates to graduates of the Citizen
Academy.
4.3) Presentation by Plymouth Soccer Association of Contribution for Greenwood
Improvements
Paul Vincent, President of the Plymouth Soccer Association, presented a donation to the City for
the addition of four soccer fields at Greenwood. He urged the Council's support to make
improvements to the City's soccer fields as part of their Capital Improvements Program.
Approval of Agenda
Councilmember Harstad requested to add the correspondence regarding the Hampton Hills Golf
Course as item No. 9.1 under Reports and Recommendations.
Mayor Tierney requested to add a report on the emergency preparedness meeting that was
recently conducted as item No. 9.2 under Reports and Recommendations.
Motion was made by Councilmember Slavik, and seconded by Councilmember Black, to
approve the amended a egnda. 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 two requested corrections to the minutes by Councilmember Slavik
which have been made.
Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to
approve the Consent Agenda which included the followingitems: ems:
6.01) Special Council Meeting minutes of November 20, 2001 and Regular Council Meeting of
November 27, 2001 (as amended).
6.02) Resolution Approving Disbursements for the Period ending December 7, 2001 (Res2001-
525).
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Regular Meeting of December 18, 2001
Page 3 of 11
6.03) Resolution Establishing 2002 Pay Schedule for Members of the Plymouth Fire
Department (Res2001-526).
6.04) Resolution Approving the 2002 Pay and Compensation Plan (Res2001-527).
6.05) Resolution Approving the 2002 Monthly Contribution to Health and Dental Insurance or
Deferred Compensation for Non -Represented City Employees (Res2001-528).
6.06) Resolution Authorizing the Renewal of a Letter of Agreement with the State of
Minnesota for the Fire Department to Provide Response Services in the Event of Radiological
Incidents at the Monticello and Prairie Island Nuclear Facilities for Fiscal Years 2002 and 2003
Res2001-529).
6.07) Resolution Approving Gasoline Service Station Licenses for 2002 (Res2001-530).
6.08) Resolution Approving 2002 Tobacco Licenses (Res2001-531).
6.09) Resolution Approving 2002 Amusement Licenses (Res2001-532).
6.10) Resolution Approving Target and Trap Shoot License for Plymouth Gun Club (Res2001-
533).
6.11) Resolution Approving 2002 Tobacco and Gasoline Service Station Licenses for Kwik
Trip, Inc. d/b/a Kwik Trip 4411, 1605 Annapolis Lane (Res2001-534).
6.12) Resolution Approving Site Plan Amendment and Variance for Continental property
Group for Property located at 13505 Industrial Park Boulevard (2001130 — Res2001-535).
6.13) Resolution Appointing Individuals to Fill Vacant Terms on Various Boards and
Commissions (Res2001-536).
6.14) Resolution Approving an Extension of the Development Approvals for United Properties
for Phase 2 Construction of Plymouth Woods Office Center, for Property located Southeast of
34`h Avenue and Fernbrook Lane (98169 — Res2001-537).
6.15) Resolution Approving PUD Amendment for a Yoga Studio at 2950 Xenium Lane in the
Northwest Business Campus PUD (2001140 — Res2001-538), Ordinance Amending Chapter 21
of the City Code to Amend Section 21655 for the Northwest Business Campus PUD (2001140 —
Ord2001-36), and a Resolution Approving Findings of Fact for Amending the Zoning Ordinance
Text for the Northwest Business Campus PUD (2001140 — Res2001-539).
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Regular Meeting of December 18, 2001
Page 4 of 11
6.16) Resolution Approving Variance to allow the Redevelopment of a Non -Conforming Lot
located at 1855 Troy Lane North (2001137 — Res2001-540).
6.17) Resolution Approving a Site Plan Amendment for the installation of a 3,000 Gallon
Liquid Nitrogen Tank for Property located at 4700 Nathan Lane North (2001141— Res2001-
541).
6.18. 1) Resolution Reducing Required Financial Guarantee for Evergreen Knoll Addition
96041—Res2001-542).
6.18.2) Resolution Reducing Required Financial Guarantee for Fernbrook Woods P Addition
96057 — Res2001-543).
6.19) Resolution Authorizing "No Parking" on North Side of 21" Avenue between the
Residential Driveway at 9540 2151 Avenue and Kilmer Lane (Res2001-544).
6.20) Resolution Declaring Adequacy of Petition and Ordering Preparation of Report for Street
Lighting in Seven Greens Addition (2001031 - Res2001-545 & Res2001-546).
6.21) Resolution Awarding Bid for Sewer and Water for the Hilde Performance Center
Res2001-547).
6.22) Resolution Approving Final Payment for Ice Center Dehumidification Project (Res2001-
548).
6.23) Resolution Approving Regional Trail Use Permit (Res2001-549).
6.24) Resolution Approving Reduction in Park Dedication Fee (Res2001-550).
6.25) Resolution Appointing Deputy Mayor for 2002 (Res2001-551).
6.26) Appointment of Council Coordinating Representatives.
Assistant City Manager Ahrens read the proposed citizen appointments for item No. 6.13. She
noted that recommendations for appointments to the Watershed Districts would be provided to
the Council at their January 8 meeting. Mayor Tierney added that it might be advantageous for
the Council to appoint residents who reside near those watershed districts.
Councilmember Black added that the Council supports the concept of adding two youth
members to the Environmental Quality Commission, but the Council would need to adopt an
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Regular Meeting of December 18, 2001
Page 5 of 11
Ordinance before that could occur. Staff would be preparing an Ordinance for the January 8
meeting.
Assistant City Manager Ahrens read the council coordinating representatives (item No. 6.26).
She also noted the proposed appointment of Councilmember Johnson as Deputy Mayor (item
No. 6.25).
Motion carried to approve the Consent Agenda.
Public Hearings
7.1) 2002 Budgets and Tax Levies
City Manager Johnson provided a presentation on the proposed 2002 Budgets and Tax Levies.
Councilmember Harstad urged residents to review their truth and taxation statements, as there
has been a shift in the property taxes.
Mayor Tierney opened the public hearing for testimony.
There being no one wisbing to appear before the Council, Mayor Tierney declared the hearing
closed.
Motion was made by Councilmember Black and seconded by Councilmember Hewittto adopt a
Resolution Approving Property Tax Levies for Taxes Payable in 2002 (Res2001-553
Resolution Adopting 2002 Budgets (Res2001-554).
The Council thanked staff for all their hard work in preparing the budget.
There being no further discussion and with all members voting in favor, the motion carried.
7.2) Hearing on Amending Tax Increment Financing District No's. 7-4, 7-5A, and 7-6
Finance Director Hahn reported the 2001 legislature made numerous changes to the property tax
laws that would have negative effects on the City's tax increment financing (TIF) districts. The
changes would substantially reduce the amount of future tax increment revenue from the
amounts originally anticipated in the TIF plans. He stated district 7-5A (Village at Bassett
Creek) would have a deficit by the year 2002 and not have sufficient funds to pay the annual debt
service on the bonds issued for the project. The new legislation has provisions that allows cities
to use increments generated in one district for expenditures in another district and extends
Adopted City Council Minutes
Regular Meeting of December 18, 2001
Page 6 of 11
existing districts to help cover shortfalls created by the new tax laws (pooling). District 7-4
Plymouth Technology Park) is currently scheduled to be decertified on December 31, 2001, but
could be extended to generate additional increments to cover the debt service obligations in
District 7-5A until December 1, 2023 through the pooling process.
He stated in District 7-6, the developer has completed the majority of the improvements to the
project as originally agreed to with the City and is looking for the City to cover all costs as
proposed in the original plan. Based upon the latest projections under the new tax laws, the
termination date would need to be extended to fully cover the project costs plus interest on the
note, and provide the level of affordable housing assistance anticipated in the original plan. The
TIF plan allows for extension of the district to December 1, 2027 if necessary. Staff is
recommending extending the termination date to December 1, 2027. An amendment is also
proposed that would allow excess increments from District 7-6 to be pooled with District 7-5A to
assist with retiring the bonds sold for the Village at Bassett Creek. Essentially, staff is proposing
to "pool" Districts 7-4, 7-5A, and 7-6 to provide the best coverage possible. He noted a few
minor revisions to the TIF plan for District 7-6.
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 Johnson, and seconded by Councilmember Black to adopt
a Resolution Approving Amendments to Tax Increment Financing Plan for Tax Increment
Financing Districts No. 7-4, 7-5A and 7-6 (Res2001-557). With all members voting in favor, the
motion carried.
7.3) Vacation of Drainage and Utility Easements within Graviere Addition
Public Works Director Faulkner illustrated the proposed vacation and stated that Graviere
Addition has been re -platted as Graviere 2"d Addition. Therefore, the easements within Graviere
Addition are no longer necessary.
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 Black and seconded by Councilmember Johnson to adopt
a Resolution Authorizing the Vacation of the Drainage and Utility Easements within Graviere
Addition (Res2001-558). With all members voting in favor, the motion carried.
Adopted City Council Minutes
Regular Meeting of December 18, 2001
Page 7 of 11
7.4) Vacation of Utility Easement for Sanitary Sewer Purposes within Parcel 14-118-22-
32-0007
Public Works Director Faulkner illustrated the proposed vacation of a utility easement for a
specific parcel. He stated this parcel was combined with two other parcels with the approval of
the Mount Olivet Lutheran Church expansion. The sanitary sewer originally served three lots,
but now will be used only by the church making the easement unnecessary.
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 Vacation of a Utility Easement for Sanitary Sewer Purposes
Recorded under Document No. 4749883 (Res2001-559). With all members voting in favor, the
motion carried.
7.5) Approval of Off -Sale 3.2 Liquor License for Speedway SuperAmerica LLC d/b/a
SuperAmerica #3351, 4325 Peony Lane
City Clerk Paulson reported on the request of Speedway SuperAmerica LLC for an Off -Sale 3.2
Liquor License at SuperAmerica #3351, 4325 Peony 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.
Will Roach, 18100 45th Avenue North, board member of Plum Tree Housing Association, stated
there is a consensus that there are concerns of this establishment being located fairly close to the
school systems in the area as well as a daycare facility. He also read a letter from Suzy Kreltz,
18050 45th Avenue North, who objected to the liquor application based on those same reasons.
He stated there is a liquor store in close proximity to this location as well as liquor stores at
County Road 101 and Highway 55 where individuals could purchase alcohol. He stated there is
a fear of intoxicated individuals in close proximity to the daycare center.
Mayor Tierney stated that the City has a very strong liquor ordinance and compliance check
program. She stated the City is very serious in enforcing this ordinance both to the establishment
as well as to the store clerk. She noted that there are several daycares in the City that are located
in business areas, and this is not an uncommon location for a convenience store.
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Regular Meeting of December 18, 2001
Page 8 of 11
Councilmember Black stated she doesn't believe that the City should allow 3.2 liquor to be sold
at convenience stores; however, the City has very little authority in not approving this liquor
license.
Councilmember Hewitt noted that the licensee would be participating in the City's Best Practices
Program.
Police Chief Gerdes stated it is a violation of the State Statutes to sell alcohol to anyone who is
intoxicated. This type of violation would more likely occur at on on -sale liquor establishment
where the consumption of alcohol is occurring on the premises, rather than at a convenience
store. He also stated that the Police Department has no specific data indicating driving safety
accidents, drunk driving near daycares, and youth purchasing alcohol for convenience stores who
are located in close proximity to these uses.
Motion was made by Councilmember Stein, and seconded by Mayor Tierney, to adopt
Resolution Approving Off -Sale 3.2 Liquor License for Speedway SuiperAmerica LLC d/b/a
SuperAmerica #3351, 4325 Peony Lane (Res2001-558.
Councilmember Black stated that she would be abstaining from the vote.
Councilmember Johnson stated that she supports the motion, as there is no compelling evidence
to not approve the license. She cautioned the licensee to watch for shoplifting.
Krista Crumm, Manager of the SuperAmerica, illustrated the signs that would be displayed in the
store. She stated their employees would not be minors. She indicated that they do their own
monthly compliance checks as well as their own training in addition to the City's. She also
stated that they have a computer system that checks products every hour to indicate if there are
any products missing. They also have the capability of locking the coolers where the liquor is
displayed.
Councilmember Harstad informed Ms. Crumm that there are cash registers that have the
capability of automatically locking up if a birth date isn't entered when alcohol is being
purchased. He stated he is concerned about the number of liquor licenses in the City, and at
some point, the Council needs to review the proliferation of liquor licenses.
There being no further discussion and with all members voting in favor except Black who
abstained, the motion carried.
Adopted City Council Minutes
Regular Meeting of December 18, 2001
Page 9 of 11
General Business
8.1) Comprehensive Plan Amendment to the Water Supply and Distribution Plan for
Water Storage Alternatives
Community Development Director Hurlburt stated the Council, after reviewing a study prepared
by TKDA & Associates, authorized preparation of an amendment to the City's Water Supply and
Distribution Plan. The amendment would delete the elevated water tower proposed east of
Pomerleau Lake in the northwest corner of The Reserve development, as well as the potential
need for the future water tower south of County Road 47 off of Dunkirk Lane, and add a ground
storage facility on the City owned property at the northwest corner of Schmidt Lake Road and
Vicksburg Lane. She stated the Planning Commission conducted their public hearing, and they
notified all property owners within 750 feet of the proposed current site as well the Vicksburg
Lane and Schmidt Lake Road areas. She indicated that one of the benefits of an underground
storage facility is aesthetics, and she illustrated a similar facility at the City of Stillwater. She
stated this amendment would require a five -sevenths vote of the Council, and approval would be
contingent upon approval by the Metropolitan Council.
Motion was made by Councilmember Black and seconded by Councilmember Johnson to adopt
a Resolution Approving a Comprehensive Plan Amendment to the Water Supply and
Distribution Plan for Water Storage Alternatives (2001138 — Res2001-561).
Councilmember Hewitt asked what the status is of sharing water with the City of Maple Grove.
Public Works Director Faulkner replied there wouldn't be any detailed discussions until this
amendment is approved. He stressed that this amendment is independent of any sharing
opportunities with the City of Maple Grove.
Community Development Director Hurlburt added that there could be additional amendments to
the Comprehensive Plan if there would be shared treatment or water with the City of Maple
Grove.
Councilmember Stein asked if there have been any discussions with the cities of New Hope and
Maple Grove about treatment. Public Works Director Faulkner replied it would be more
favorable for a joint arrangement with the City of Maple Grove.
There being no further discussion and with all members voting in favor, the motion carried.
Adopted City Council Minutes
Regular Meeting of December 18, 2001
Page 10 of 11
8.2) Approve Development Agreement with Continental Property Group Relating to Tax
Increment Financing (TIF) Redevelopment District 7-6
Community Development Director Hurlburt reported in October 2000, the Council created a tax
increment financing (TIF) district to assist with the redevelopment of the property at 2300
Berkshire Lane. The owner, Continental Property Group, proposed to renovate and upgrade an
existing and vacant 24,000 square foot structure. The project required a substantial investment
of $10,650,000 in building and site improvements. The building was primarily obsolete
warehouse space with a portion of the building finished for office space, which was in very poor
shape and needed to be demolished. The roof, mechanical systems, parking lot, and outdoor
lighting all needed repair. The property had a 2000 taxable market value of $4,209,900. After
the improvement, the estimated market value was anticipated to be approximately $12 million.
She noted that a major obstacle to this project was the ownership of one of the three parcels of
land included in the 14.87 -acre site. Staff worked with Continental Property Group and the
property owner to obtain an independent appraisal and facilitate the sale to Continental Property
Group close to the appraised value.
Motion was made by Councilmember Johnson, and seconded by Councilmember Hewittto
adopt a Resolution Authorizing Execution of a Development Agreement with Continental
Property Group, Inc. relating to Tax Increment Financing District No. 7-6 (Res2001-562).
Councilmembers Harstad and Johnson commended staff for their hard work on this project
There being no further discussion and with all members voting in favor, the motion carried
8.3) Endorsement of Pamela Blixt for Reappointment to the Minnehaha Creek Watershed
District
Councilmember Black stated she was contacted by an individual within the watershed district
requesting that the Council send a letter in support of Ms. Blixt's reappointment to the watershed
district. Ms. Blixt is currently the chairperson of the district, and she has served on the board for
nine years.
Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to send
an endorsement letter for Ms. Blixt. With all members voting in favor, the motion carried.
Adopted City Council Minutes
Regular Meeting of December 18, 2001
Page 11 of 11
Reports and Recommendations
9.1) Hampton Hills Golf Course
Councilmember Harstad discussed the December 13 correspondence regarding the Hampton
Hills Golf Course, and the owners' intent to develop the golf course property as a residential
community. He stated there is a demand for residential lots, but he felt it was important to notify
residents initially rather than later. He is optimistic that there would be a very high quality
residential development.
Community Development Director Hurlburt stated the owners have not presented an application
to the City to change the current use of the property. She noted that at a minimum, there would
be amendments to the Comprehensive Plan regarding changes to the land use, sewer and water,
and road system, as well as capital improvements not contained in the Capital Improvements
Program.
Councilmember Black noted that large portions of the golf course are wetlands, and there are
significant flooding problems. Community Development Director Hurlburt added according to
City data, less than half of the property would be developable.
9.2) Emergency Preparedness Meeting
Mayor Tierney commented on December 17's satellite broadcast on emergency preparedness.
She asked if anyone from staff attended this meeting.
Police Chief Gerdes stated no one attended that meeting; however, staff has attended other
meetings and training sessions. He stated he has personally made public presentations to the
Rotary Club and the League of Women Voters on emergency preparedness. In addition, staff
has information on emergency management for anyone who desires this type of information.
Adiournment
Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to
adjourn the meeting at 10:00 p. . With all members voting in favor, the motion carried.
Sandra R. Paulson, City Clerk