HomeMy WebLinkAboutCity Council Minutes 06-14-2011Adopted Minutes
Regular Council Meeting
June 14, 2011
Mayor Slavik 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 June 14, 2011.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Bildsoe, Murdock, Black, Willis,
Johnson, and Stein.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Park Director Blank, Public
Works Director Cote, Administrative Services Director Portner, Community Development
Director Juetten, Fire Chief Kline, Police Chief Goldstein, Reconstruction Program Manager
Paumen, Transit/Solid Waste Manager Hellekson and Office Support Representative Tiegs-
Roussell.
Plymouth Forum
David Larson, 2919 Troy Lane North, who also addressed the Council at the May 24 meeting,
reiterated his request to use the City's firearms range at Fire Station No. 3 for their youth firearm
safety program. Police Chief Goldstein provided Mr. Larson with the follow-up report that staff
provided to the Council on this request.
Presentations and Public Information Announcements
4.01) Announcement of 5K Run on June 25 and Music in Plymouth on June 29
Barbara Willis, Tom Barran, and Mele Willis announced this year's 5K run on June 25 and Music
in Plymouth on June 29.
4.02) Recognition of Parks and Recreation Director Eric Blank
The Council recognized Parks Director Blank for his 31 years of service to the City. Mayor
Slavik read a proclamation and wished him well on his retirement.
Approval of Agenda
Adopted Minutes 1 of 8 Regular Meeting of June 14, 2011
Motion was made by Councilmember Stein, and seconded by Councilmember Willis, to approve
theagenda. With all members voting in favor, motion carried.
Consent Agenda
Item No's. 6.14, 6.07, 6.09, 6. 10, and 6.13 were removed from the Consent Agenda and placed
under General Business as item No's. 8.02, 8.03, 8.04, 8.05, and 8.06 respectively.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt
the amended Consent Agenda that included the followingitems: tems:
6.01) Proposed minutes from the Regular Meeting of May 24.
6.02) Resolution Approving Disbursements ending June 4, 2011 (Res2011-185).
6.03) Ordinance Amending Chapter 8 of the Plymouth City Code Concerning Park Regulations
Ord2011-13).
6.04) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment Roll for County Road 101 from 13th Avenue to 30th Avenue Reconstruction Project
5102 — Res2011-186) and a Resolution Setting Hearing on Proposed Assessment for County
Road 101 from 13th Avenue to 30th Avenue (5102 — Res2011-187).
6.05) Resolution Approving Change Order No. 1 to Becker Arena Products and Change Order
No. 1 to Odessa II (Res2011-188).
6.06) Resolution Approving Assignment of Election Equipment Contract with Hennepin
County (Res2011-189).
6.07) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.03).
6.08) Resolution Approving Request for Payment No. 2 and Final for the 2010 Temporary
Overlay Project (10020 - Res2011-190).
6.09) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.04).
6.10) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.05).
6.11) Resolution Approving Dispensing with Statutory Requirements for review by Planning
Commission for Conveyance of Property (Res2011-191).
Adopted Minutes 2 of 8 Regular Meeting of June 14, 2011
6.12) Resolution Approving Conditional Use Permits for the City for Playfield Lighting
Projects (2011025 - Res2011-192).
6.13) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.06).
6.14) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.02).
With all members voting in favor, the motion carried.
Public Hearings
7.01) Assessment Hearing for 2010 Street Reconstruction Project (10001)
Reconstruction Program Manager Paumen reported on the 2010 East Parkers Lake and Parks
Lake Corporate Center Reconstruction project. He reviewed the construction improvements and
proposed assessment fees.
Mayor Slavik opened the public hearing.
1 John Hatlestadt, 14515 17a' Avenue North, representing Parkers Lake Homeowners Association,
requested the contractor review issues still not completed to satisfaction on the project. His
issues involve a concrete ridge on his driveway and dead sod.
Don Bergeron, Executive Vice President, Daily Printing 2333 Niagara Lane, stated the
assessment for the street reconstruction is not affordable for Daily Printing. The company has
suffered considerable losses over the past year and currently his employees are working with
15% wage reduction. He requested consideration of paying the assessments on the developed
portion of the property and payment in full on the rest of the property when it is developed.
John Nagengast, 14610 17th Avenue North, stated the intersection at the end of his driveway
during the winter months accumulates melting snow which grows to a large ice skating pond due
to the construction project. He contacted staff and was told they will distribute more salt in this
area. This didn't remedy the problem and the ice grew 4-6 inches deep. He has a problem with
paying an assessment for a project that was not done correctly.
Dean Jacobson, 1206 Harbor Lane North, showed pictures of hanging utility wires spliced with
black tape and appear to be secured with a shoelace type material. This corner was a bus stop but
it was relocated due to safety issues. He stated that mowing around the utility pole is not safe.
He also has dead sod and cracks in the new concrete driveway.
Richard Schmidt, 14310 13th Avenue, objects to the $8,000 assessment as he's retired and this
causes great financial difficulty. He felt the City proceeded with the project without consulting
Adopted Minutes 3 of 8 Regular Meeting of June 14, 2011
residents of the area. The interest rate on the assessment seems high, and the assessment
payment options need clarification. Xcel Energy has excavated an area of the street improvement
twice and would like to know if residents are being assessed for that as well. He requested a
detailed report on the construction expenses.
Lawrence McRoberts, 1705 Fembrook Lane, stated the ice problem caused by the improvement
project is an issue. He stated that he plows snow and takes care of the drains to try and keep the
ice under control. This could affect property resale values and the issue needs to be addressed by
the contractor.
Dennis Curran, 1465 Kingsview Lane North, inquired if the properties not bordering the road
improvement, but use it for their only access to their home, are assessed for the road
improvements.
Mayor Slavik declared the public hearing closed.
Public Works Director Cote responded to resident concerns. He stated that the contractor does
have a number of issues that need to be addressed and the project still falls under the two-year
warranty. The Engineering Department will contact the responsible utility provider regarding the
unsecured wires and requested repair. The City will inspect the sod, however, the warranty
period has expired. The drainage issue is actively being addressed with hopes to resolve this
summer.
If for some reason the issue is not resolved before the cold weather, Mayor Slavik requested that
sand and salt for that area be a priority.
Councilmember Johnson asked staff if they felt the drainage issue would be resolved this
summer. Public Works Director Cote replied they are working to at least make the issue better.
Reconstruction Program Manager Paumen stated there is a settlement from utility repair and this
is under warranty by the contractor. Due to Xcel Energy digging up the street, they compromised
one of the sewer mains which is why the street was excavated more than once after the
improvement project was completed. Xcel Energy is responsible for those repair costs.
Mayor Slavik asked how the Daily Printing property was assessed. Public Works Director Cote
replied the assessment is large due to the size of the parcel. This is a unique situation where it is
not totally developed but commercial properties are treated alike. He stated if Daily Printing is
opposed to the assessment, they must file a written objection this evening.
Mayor Slavik asked Daily Printing if their intention is to submit a written objection on the
assessment. They replied yes, and it will be given to staff this evening.
Public Works Director Cote will forward the detailed report requested by Mr. Schmidt. He
explained that the interest rate for the proposed assessment is determined by City Policy.
Adopted Minutes 4 of 8 Regular Meeting of June 14, 2011
Councilmember Murdock explained the Senior Citizen Assessment Deferral, meaning interest
will accumulate on the assessment until the property is sold and must be paid at the time of sale.
Public Works Director Cote explained that the area had been programmed for improvements for a
number of years. A neighborhood meeting and public hearing were held on the project along
with opportunities to meet with staff before the project began. The improvement area had a
history of watermain issues due to aging, but the roadway was the first issue that needed repair.
It was economically sound to replace the watermain with the improvement project in order to
maintain the City's infrastructure.
Mr. Schmidt felt the public hearing was more of a presentation rather than input from the
residents. Mayor Slavik responded that residents have the opportunity to express ideas and the
Council welcomes feedback from residents. Councilmember Bildsoe added that a public hearing
on this project was held during a council meeting to solicit input from residents.
Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adopt a
Resolution Adopting Assessments for 2010 Street Reconstruction Project, East Parkers Lane and
Parkers Lake Corporate Center Areas (10001 — Res2011-193) and a Resolution Authorizing "No
Parking" for the 2010 Street Reconstruction Project (10001— Res2011-194). With all members
voting in favor, the motion carried.
Mayor Slavik directed staff to follow-up with residents regarding their concerns.
General Business
8.01) Credit Card Payments for City Fee
Councilmember Johnson requested item No. 8.01 be moved to the last item of discussion on the
agenda. Mayor Slavik moved item No. 8.01 as the final item for discussion under General
Business.
8.02) Ordinance Amending Chapter 21 of the City Code to Classify Certain Land located
at 5550 Dunkirk Lane for Spring Meadows 2nd Addition (2011019)
Councilmember Bildsoe requested eliminating item No. 13 of the Preliminary Plat Resolution
regarding the trail easement between lots 8 and 9, block 4. The developers are opposed to this
requirement as there could be other options.
with the deletion of condition No. 13 (2011019-2011-195).
Councilmember Stein inquired how the proposed easement affects the park trail projects. Park
Director Blank replied the intention is to plan for access to a future 40 -acre park. The easement
Adopted Minutes 5 of 8 Regular Meeting of June 14, 2011
is a safeguard for public interest. The proposed easement would provide direct access to the
future park and a walking loop for the area residents. This item doesn't need to be addressed
until final plat and grading is proposed to the Council which will provide facts to make an
informed decision. The trees in question on the proposed easement are not a major issue as they
are well spaced to allow ample room for a pathway.
Councilmember Black asked if the Dunkirk and Vicksburg trails could be used for the trail
access. Park Director Blank replied that the access via Dunkirk or Vicksburg would be .25 mile
walk and would not connect trails in the favored walking loop structure.
Developer Dave Gonyea, 10580 Old County Road 15, stated the grade of a one foot slope to
every four feet could be an incline issue. He stated there are three potential access points within
a half mile and trees will have to be removed to accommodate a trail at lots 8 and 9.
Councilmember Stein stated the City is known for the trail system and would like to know what
alternatives there are for trail use. Mr. Gonyea stated with the elevation and grade of the
development, there may not be acceptable solutions.
Councilmember Willis requested tabling this item for two weeks.
Park Director Blank stated the proposed trail easement is located in phase two. The developer
will be submitting phase one for plat approval and phase two is approximately two years out.
City Attorney Knutson stated the City is required to prove a final plat that meets all the
conditions and it must be in the resolution and be as specific as possible.
Motion was made by Councilmember Willis and seconded by Councilmember Stein, to table this
item to June 28. With all members voting against the motion but Murdock, the motion failed.
Motion was made by Councilmember Black, and seconded by Councilmember Stein, to amend
the main motion to include item No. 13 stating, "A trail easement shall be provided between Lots
8 and 9 Block 4 unless the City Council deletes this requirement at the time of final platting for
this area" (2011019—Res 2011-195). With Councilmembers Murdock, Stein, Black, Willis,
Slavik voting in favor and Councilmembers Johnson and Bildsoe against, the amendment to the
motion carried.
The Council voted on the amended main motion and the motion carried.
Motion was made by Councilmember Black and seconded by Councilmember Stein, to adopt an
Ordinance Amending Chanter 21 (Zoning Ordinance) of the City Code to Classify Certain Land
Located at 5550 Dunkirk Lane for SbrinR Meadows 2" Addition (2011019 -Ord 2011-15) and a
Resolution Approving Findings of Fact for the Rezoning of Land located at 5550 Dunkirk Lane
2011019—Res 2011-199). With all members voting in favor, the motion carried.
Adopted Minutes 6 of 8 Regular Meeting of June 14, 2011
Mayor Slavik stated this will come back to Council with the final plat for further determination.
At that time Council will be provided with information on tree preservation with or without the
trail, other access points to parks, and sidewalks plus the walking trail access.
8.03) Payment No. 2 and Final for Wild Wings Flood Protection Improvement Project
Councilmember Black stated there are issues with the project; therefore, she requested delaying
payment until the project is completed correctly.
Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to table
this item to June 28. With all members voting in favor, the motion carried.
8.04) Engineering Proposals for Project No's. 10021, 11011, and 10034
Councilmember Willis asked if any of the towers could be taken out of service in the future and
still meet the demands. This could be a cost saving measure. Public Works Director Cote replied
the M.I.P. tower could potentially be taken out of service but considering demand during peak
services, it is preferable to keep the tower in use.
Motion was made by Councilmember Willis, and seconded by Councilmember Johnson, to adopt
a Resolution Receiving Engineering Proposals and Designatingthehe Engineer for City Project
No's. 10021, 11011, and 10034 (Res2011-196). With all members voting in favor, the motion
carried.
8.05) Policy for Advertisements for the Plymouth Metrolink Facilities and Fleet
Councilmember Willis requested further discussion regarding projected revenues derived from
bus advertising.
Motion was made by Councilmember Willis and seconded by Councilmember Johnson, to
postpone this item and discuss it at a joint meeting with the Plymouth Advisory Committee on
Transit on August 9 at study session on August 9 at 6 p.m. With all members voting in favor, the
motion carried.
8.06) Ordinance Amending Chapter 21 of the City Code to Amend Seven Ponds North
Amendment for Plymouth Station for Property locate at 16705 County Road 24 (2011028)
Councilmember Willis stated this is a request for the sales of clothing at the former Plymouth
Station Shopping Center, not to exceed 10,000 square feet. The location has 6,656 square feet.
Therefore, he requested approving 6,656 square feet and re -visit if the need arises.
Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to
amend the Ordinance Amending Chapter 21 of the City Code to Amend Seven Ponds North
Amendment for Plymouth Station for Property locate at 16705 County Road 24 (2011028 —
l) Ord2011-14), Resolution Approving Findingsindings of Fact (2011028 - Res2011-197), and a
Adopted Minutes 7 of 8 Regular Meeting of June 14, 2011
l
Resolution Approving PUD General Plan Amendment to Allow an Additional Use for Property
located at 16705 County Road 24 (2011028 — Res2011-198) with the square footage amended to
6,656 square feet. With Councilmembers Murdock, Stein, Black, Willis, Bildsoe, Slavik voting
in favor, and Councilmember Johnson voting against, the motion carried.
8.01) Credit Card Payments for City Fees
Administrative Services Director Portner reviewed the credit card payment process and fees if
the City implements this service. Councilmembers were in agreement that the process should be
implemented.
Councilmember Willis inquired about the software installation costs. Administrative Services
Director Portner responded the costs were budgeted for 2011.
Councilmember Bildsoe would like no fee for credit card payment at this time and inquired about
using PayPal. Administrative Services Director Portner stated PayPal required an expense and
using the Govern software was more beneficial for the City.
Mayor Slavik favors a credit card fee up front as credit/debit card users are accustomed to
convenience use fees. Councilmember Johnson agreed.
City Manager Ahrens stated credit card fees are paid by department's budgets that incur the fees.
Council directed staff to look at options to recover credit card fees.
Reports and Staff Recommendations
There were no reports or staff recommendations.
Adjournment
Mayor Slavik adjourned the meeting at 9:40 p.m.
l e
Diane Tiegs-Roussell, 6ffice Sup ort Representative
Adopted Minutes 8 of 8 Regular Meeting of June 14, 2011