HomeMy WebLinkAboutCity Council Minutes 11-16-2016Adopted Minutes
Regular City Council Meeting
November 16, 2016
Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 6:05 p.m. in the
Council Chambers of City Hall, 3400 Plymouth Boulevard, on November 16, 2016.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Willis, Beard, Carroll, Johnson, Wosje,
and Prom.
ABSENT: None.
Staff Present: City Manager Callister, Community Development Director Juetten, Public Works
Director Cote, Park and Recreation Director Evans, Public Safety Director Goldstein, Fire Chief
Coppa, Building Official Ryan, City Attorney Knutson, Office Support Representative
Gottschalk, and City Clerk Engdahl.
Plymouth Forum
There was no one to address the Council.
Presentations and Public Information Announcements
4.01) Announcement of Plymouth Arts Fair on November 19
Park and Recreation Director Evans announced the Plymouth Arts Fair on November 19-20 at
the Plymouth Creek Center.
Approval of Agenda
Councilmember Prom requested to add potential meeting dates for the Agora project as item No.
8.03 under General Business.
Motion was made by Councilmember Wosje, and seconded by Councilmember Prom, to approve
the amended agenda. With all the members voting in favor, the motion carried.
Consent Agenda
Motion was made by Councilmember Prom, and seconded by Councilmember Willis, to adopt
the Consent Agenda that included the followingitems:tems:
Adopted Minutes Page 1 of 6 Regular Meeting of November 16, 2016
6.01) Resolution Approving Disbursements ending November 5, 2016 (Res2016-335).
6.02) Resolution Approving Temporary Liquor License Application for the West Medicine
Lake Community Club (Res2016-336).
6.03) Resolution Accepting Utilities for Continual Maintenance for Aspen Hollow 2nd
2016003 - Res2016-337), Resolution Accepting Utilities for Continual Maintenance for Enclave
on the Greenway 2nd (2016021 —Res2016-338), Resolution Accepting Streets for Continual
Maintenance for Providence Point(2013115 —Res2016-339), Resolution Accepting Utilities for
Continual Maintenance for Summers Edge(2016030—Res2016-340), Resolution Accepting
Streets for Continual Maintenance for Terra Vista 3rd (2013104—Res2016-341), and a
Resolution Accepting Utilities for Continual Maintenance for Vicksburg Ridge (2014091 —
Res2016-342).
6.04) Resolution Approving Request for Payment No. 2 and 2016 Pedestrian Ramp and
Concrete Replacement Project, Shiloh Area(16004 - Res2016-343).
6.05) Resolution Approving Change Order No. 1 for the Water Front Lift Station
Rehabilitation(15014 - Res2016-344).
6.06) Resolution Awarding Contract for the Sunset Hills Lift Station Improvements (16006—
Res2016-345).
6.07) Resolution Approving the Request for Minnesota Department of Transportation
MnDOT)to Conduct a Speed Zoning Study on Vicksburg Lane from Old Rockford Road to
County Road 41 (Res2016-346).
6.08) Resolution Approving the 2017 Health Insurance Memorandum of Understanding
between LELS, Local 18, which Represents Plymouth Police Officers and the City of Plymouth
Res2016-347).
6.09) Resolution Approving the 2017 Health Insurance Memorandum of Understanding
between LELS, which Represents Plymouth Sergeants and the City of Plymouth(Res2016-348).
With all members voting in favor, the motion carried.
Public Hearings
7.01) Public hearing on On-Sale Liquor and Sunday Liquor License Applications of
Takara Sushi Inc. d/b/a Takara Sushi,3505 Vicksburg Lane North,#100
City Clerk Engdahl reported on the applications.
Mayor Slavik opened the public hearing.
Adopted Minutes Page 2 of 6 Regular Meeting of November 16, 2016
Mayor Slavik closed the public hearing.
Motion was made by Councilmember Wosje, and seconded by Councilmember Willis, to adopt a
Resolution Approving On-Sale Liquor and Sunday Liquor License Applications of Takara Sushi
Inc. d/b/a Takara Sushi, 3505 Vicksburg Lane North, #100(Res2016-349). With all members
voting in favor, the motion carried.
Zhong Zheng, operating manager, stated their goal is to open mid-December.
General Business
8.01) Canvass 2016 General Election Results
City Clerk Engdahl provided the 2016 General Election results for the Ward 1, Ward 3, and At
Large Council seats.
Motion was made by Councilmember Wosje, and seconded by Councilmember Johnson, to
adopt a Resolution Certifying the Local Results of the November 8, 2016 General Election
Res2016-350). With all members voting in favor, the motion carried.
8.02) Abatement of Hazardous Building at 2955 Empire Lane North (Days Inn Hotel)
Community Development Director Juetten reported on the abatement request at Days Inn Hotel,
2955 Empire Lane North. He provided photos that showed areas of mold, water damage, and
potential electrical issues.
Building Official Ryan stated after inspection of the structure, staff concluded the overall
condition of the building met the statutory definition as a hazardous structure and should be
razed or repaired. Staff has been working with the building owners and demolition contractor,
but work has progressed slowly. The City hasn't received the necessary documentation as
requested to proceed with building repairs.
He noted activities that have taken place since the packets for this meeting were sent to the
Council:
On November 15, the elevator inspector reported the repairs had been done and the
elevator is back in service.
On November 16, staff received a mold remedial design report,but there are still
additional questions that need to be addressed prior to approval.
On November 16, staff received an email from prospective buyers requesting a new
timeline for compliance.
In response to questions raised by the Council, Building Official Ryan provided the following
information:
Adopted Minutes Page 3 of 6 Regular Meeting of November 16, 2016
Regarding the recently submitted remedial design report,he wants confirmation that the
City would receive a summary of approval report from the owners and is still unsure
when the work would be completed.
He believes July 1, 2017 is a realistic completion date for this work.
He found no structural deficiencies with the building. Most of the damage was in the
bathroom units and widespread throughout the building. The exterior walls also showed
signs of damage.
The building will be brought up to code,but a sprinkler system will not be required since
it is an existing building.
The hotel was renting rooms to people and the reason for the suspension was due to
customer complaints. Of the 115 rooms in the hotel, only 15-20 were occupied.
The mold abatement contract states the entire building may not be entirely mold free. It's
difficult to see the mold until the building has been exposed. Portions of the siding will
be removed and replaced.
Most of the damage is repairable and there would have to be additional structural related
problems before full demolition was required.
The current owner has owned the building since 2013 and the issues were caused by
building maintenance and neglect.
Community Development Director Juetten commented the building code analysis and building
design reports provided by the architect will assist staff and the building owners to determine
what needs to be repaired or show if it's more cost effective to demolish the building.
The majority of the Council expressed concern with lack of maintenance, public safety calls, and
the health of past and future guests.
In response to the Council's questions about enforcement, City Attorney Knutson stated the City
could file a court order and have a judge determine the timelines and requirements, or the City
can keep control of the process by providing stipulations that must be met. If they are not met,
the City can then file a court order.
Morgan Kavanaugh, an attorney from Wilkerson and Hegna, representing the owner, commented
at the November 9th meeting,no dates were agreed upon. There is a purchase agreement with a
potential buyer and they plan to redo the entire building and address all the concerns and
problems addressed by the Council. The current owner recognized he was financially unable to
address the problems, which is why the property is for sale. Additional time is needed for the
sales transaction to be completed and then work will begin on the property. In addition,
recommendations in the mold report will be completed and the City will receive a summary of
approval report.
Fahamida Bashir, current owner of the property, commented they have done a lot of renovations
to the property. The mold issues in the bathrooms were not visible and the extent of it was not
known until the walls were opened up. When the air conditioning units were replaced, the next
project was to address the deteriorating conditions around the windows. The potential buyer will
replace all the windows and sheetrock around them. He stated the Small Business Administration
Adopted Minutes Page 4 of 6 Regular Meeting of November 16, 2016
did an appraisal on the property in May 2016, not an inspection. He stated when they purchased
the property, they didn't have an official inspection,but a contractor looked at the property in
anticipation of renovations. His general manager didn't convey the complaints to him
immediately, and the problem got worse over the summer. They then took some rooms out of
service.
Mr. Kavanaugh commented they are looking to make a positive impact which is why they desire
to work with the City on this project. Work has progressed slowly due to the amount of mold
being discovered as the work was being done. The buyer wants to begin work immediately after
the closing of the sale and is waiting for assurances from the City that a hazardous building order
would not go forward. It will be a brand new hotel with nicer amenities and they plan to increase
room rates when their contract with Days Inn ends.
City Attorney Knutson stated he received an email from the buyer's attorney that outlines the
following dates:
Code Review—December 16, 2016
Design and permit documents—December 16, 2016 to January 30, 2017
Submit permit applications—February 1 to March 1, 2017
Construction completion—September 15, 2017
Mr. Kavanaugh stated the closing will take place within a week to 10 days after there is a
decision by the Council it and an agreement of completion dates from the City. The building is
being sold as is.
Mayor Slavik requested to suspend this item and discuss item No. 8.03.
8.03 Discuss Meeting Dates for Agora Project(Four Seasons Mall site)
City Manager Callister stated the applicant is requesting to extend the deadline to January. The
Council agreed they are willing to discuss this item in January.
8.02) Days Inn (continued)
Alex Haecker, architect for the potential buyer, commented they focus on adaptive reuse and
have experience with this type of project. He proposed the revisions to the timeline because they
need time to address the mold issues,to figure out what work needs to be done related to
building codes,time to get permits, and plans to begin construction in February. In most cases,
they recommend installation of a sprinkler system if one isn't present. He stated they usually
come in at phase two, after the abatement has taken place. He has seen the building and believes
the property is sound and salvageable.
The suggestion was made to table this item to the November 29 meeting in order to hear from the
potential buyer.
Adopted Minutes Page 5 of 6 Regular Meeting of November 16, 2016
Motion was made by Councilmember Willis, and seconded by Councilmember Johnson, to table
this item until the November 29 Council meeting. With all members voting in favor, the motion
carried.
The Council advised staff it would like to hear from the buyer regarding flag requirements, the
contracts that are in place, the product they are going to end up with, other brands the buyer is
considering, the ramifications of ending the contract with Days Inn, and other hotels they are
involved with. Additionally, staff needs to advise the Council if the proposed deadlines are
realistic.
Reports and Staff Recommendations
There were no reports and staff recommendations.
Adiournment
Mayor Slavik adjourned the Regular Meeting at 7:50 p.m.
YA 4M&4&#
andra R. Engdahl, ty Clerk
Adopted Minutes Page 6 of 6 Regular Meeting of November 16, 2016