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HomeMy WebLinkAboutCity Council Minutes 01-22-20086001 Proposed Minutes Regular Council Meeting January 22, 2008 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 January 22, 2008. COUNCIL PRESENT: Mayor Slavik, Councilmembers Murdock, Stein, Bildsoe, Black, Hewitt, and Willis (arrived at 7:17 p.m.). ABSENT: None. STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Police Chief Goldstein, Park and Recreation Director Blank, Public Works Director Cote, Community Development Director Juetten, Fire Chief Kline, Assistant City Engineer Beckwith, Civil Engineer Renneberg, and City Clerk Engdahl. Plymouth Forum There was no one present to address the Council. Presentations and Public Information Announcements 4.01) Oath of Office to Firefighters City Clerk Engdahl administered oath of office to Firefighters Kauffinarm, Dorn, Ferro, Archer, and Andersen. 4.02) Announcement of Fire and Ice Festival on February 2 Recreation Supervisor Lauer announced this year's Fire and Ice Festival on February 2 at Parkers Lake. Councilmember Bildsoe referenced reports the Council recently received regarding the Fire Department's response time to fire calls, and the Police Department's special investigative unit addressing serial offenders. The Council complimented both departments. Approval of Agenda Motion was made by Councilmember Hewitt, and seconded by Councilmember Murdock to approve the agenda. With all members voting in favor, the motion carried. Consent Agenda Page 1 Proposed Council Minutes Regular Meeting of January 22, 2008 Page 2 of 9 Councilmember Hewitt removed item No. 6.03, and it was placed under General Business as item No. 8.3. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black to adopt the amended Consent Agenda that included the followingitems: ems: 6.01) Minutes from the Special and Regular Meetings of January 8 and Special Meeting of January 15. 6.02) Resolution Approving Disbursements for the Period Ending January 12, 2008 (Res2008- 027). 6.03) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.3). 6.04) Resolution Revising and Replacing Resolution No. 97-214 Approving Preliminary Plat and PUD General Plan for Hoyt Properties, Inc. for Property located North of Schmidt Lake Road and West of 1-494 (97003—Res2008-028). 6.05) Resolution Amending the Professional Engineering Services Agreement with Wenck Associates, Inc. for Wood Creek Erosion Repair Project (6103—Res2008-029). 6.06) Resolution Approving Reduction in Retainage for 2007 Street Reconstruction Project 7101 - Res2008-030). 6.07) Resolution Approving Reduction in Retainage for 2007 Street Reconstruction Project 7107 — Res2008-031). 6.08) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for 2008 Sanitary Sewer Lining Project (8111— Res2008-032). 6.09) Resolution Authorizing Payment of 2008 Membership Dues for the Elm Creek, Shingle Creek, and Bassett Creek Watershed Management Commissions (Res2008-033). 6.10) Resolution Approving Easement for Access to Part of PIN 3011822110002 (Res2008- 034). 6.11) Resolution Authorizing Payment for Purchases that may exceed $50,000 (Res2008-035). 6.12) Resolution Approving 2008 Membership Dues for Metro Cities and Municipal Legislative Commission (Res2008-036). 6.13) Resolution Authorizing the Mayor and City Manager to Enter into Service Agreements with Social Service Agencies for 2008 (Res2008-037). Page 2 Proposed Council Minutes Regular Meeting of January 22, 2008 Page 3 of 9 6.14) Resolution Authorizing Payment of Dues to the I-94/Northwest Suburban Chamber of Commerce (Res2008-038). 6.15) Resolution Approving Implementation of 2008 Park Projects (Res2008-039). Motion carried to approve the Consent Agenda. Public HearinEs 7.1) Applications for Wine and On -Sale 3.2 Malt Liquor from KAM International Inc. d/b/a India Palace, 4190 Vinewood Lane City Clerk Engdahl reported on the applications for Wine and On -Sale 3.2 Malt Liquor from KAM International Inc. d/b/a India Palace, 4190 Vinewood Lane. Mayor Slavik opened the public hearing. Mayor Slavik declared the public hearing closed. Motion was made by Councilmember Black and seconded by Councilmember Bildsoe to adopt a Resolution Approving Wine and On -Sale 3.2 Malt Liquor from KAM International Inc. d/b/a Royal India, 4190 Vinewood Lane (Res2008-040). With all members voting in favor, the motion carried. 7.2) Ordinance Amending Section 1015.23 of the City Code Regarding Park Dedication Fees Park and Recreation Director Blank reported on the proposed ordinance addressing an increase in park dedication fees which would be effective February 1, 2008. Mayor Slavik opened the public hearing. Mayor Slavik declared the public hearing closed. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt an Ordinance Amending Chapter 10 of the Plymouth City Code Regarding Cash Fee Payment in Lieu of Land Dedication (Ord2008-02). With all members voting in favor, the motion carried. 7.3) Project Hearing on 2008 Street Reconstruction Project for West Medicine Lake Area 8101) Civil Engineer Renneberg reported on the proposed project and answered the Council's questions. Mayor Slavik opened the public hearing. Page 3 Proposed Council Minutes Regular Meeting of January 22, 2008 Page 4 of 9 Bruce Lindert, 2641 Larch Lane, voiced his support for the water and sewer improvements, but not connecting the lower and upper areas of Larch Lane. He presented a petition to the Council opposing the connection of Larch Lane. If the connection isn't made for emergency vehicles, they don't support the turnarounds that staff is recommending. He also suggested privatizing the lower part of Larch Lane. Abigail White, 2705 Larch Lane, stated she doesn't support the project due to the assessment rate, removal of trees, the current state of the economy, and the project changing the character of the neighborhood. Paul Chandler, 2705 Oakview Lane, stated he supports the mill and overlay, but not the new curb and gutter and installation of utilities. He stressed the need for regular maintenance of the street. Dean Scott, 2700 Larch Lane, voiced his concern regarding the cost of the project. He noted that currently there are very low traffic levels on this street. He commented that his son is autistic, and the Council needs to consider the safety of his son as well as the cost of the project. Catherine Flaherty, 11830 28th Avenue North, stated the petition that she gave to the City five years ago for the area that was defined as 26th 27th 28th and 29th Avenues was under the previous assessment rate of 20%. She noted that the storm sewer isn't functioning properly as the drainage flows into the lake. She stated the project is needed, but she's unsure if it has to be so excessive. Scott Theis, 2714 Larch Lane, stated that the City hasn't adequately maintained their street; therefore, the proposed assessments could be considered deferred maintenance. He commented that there is no compelling reason to make Larch Lane a through street. He requested that the scope of the project be reduced. Terry Belcher, 2760 Kirkwood Lane, stated he doesn't support the construction of curb and gutter as the turtles get caught in gutters. He stated the middle of the road needs to be constructed higher than the sides in order to allow for proper drainage. Arlys Lou Theis, 2745 Larch Lane, requested that Larch Lane remain as it currently is. She voiced her concerns regarding the wetland at the end of the street and the trees in her front yard. Feryl Hughes, 12815 27th Place, resident of Creekwood Heights First Addition, stated the curb and gutters in their street are in perfect shape, and there is no need to replace them. He stated they have a wider street, and they don't want it narrowed, as people wouldn't be able to walk on the street. He voiced his opposition to the proposed assessment due to the state of the economy. Robin Al -Aryan, 12240 28th Place, stated she is concerned about the financial burden on residents. Gary Hanke, 11710 28th Avenue North, voiced his support for the street improvement and the installation of curb and gutter. He stated he also has property on Jonquil Lane, and he questions rage 4 Proposed Council Minutes Regular Meeting of January 22, 2008 Page 5 of 9 the proposed assessment as it accesses more of an alley. William Hull, 12024 26th Avenue North, stated there hasn't been one major road improvement or maintenance project on this street over the past 30 years, even though the City has raised the assessment rate. He stated this project isn't affordable for residents; therefore, he requested that the City reduce the assessment rate to 30%. He suggested that other agencies and entities contribute to this project (i.e. State of Minnesota, transit system). Warren Christian, 12808 27th Avenue North, provided a brief history on the streets in this area. He suggested that the Council provide a more advance notice to residents, rather than one year, when there is a street project scheduled. Joyce Scott, 2700 Larch Lane, spoke of her child with special needs, and the need to retain Larch Lane as it currently is, rather than changing the character of the neighborhood with the removal of trees and shrubs. She also commented on the state of the economy and the proposed assessments. Steve Woo, 2655 Kirkwood Lane North, who was representing his father who owns a wooded lot, voiced their opposition to his proposed assessment at 100%, or approximately $20,000. Steve Vnoucek, 12300 26th Avenue North, requested that the Larch neighborhood remain as it currently is. Darys Larson, 12625 26th Avenue North, stated he's concerned about making the street wider and faster. He also stated that this project is for the commercial area, and the residents are being assessed for the lack of City maintenance through the years. Joe Scheitlin, 2825 Evergreen Lane, voiced his concerns regarding the speed of traffic if the road is improved. He stated he doesn't understand the economics of the project. Gregg Lukoskie, 2600 Norwood Lane, stated the improvement would remove the charm of the area. Brenda Foss, 12810 28th Avenue North, acknowledged that there is standing water on the street occasionally, and it has been that way for the past 15 years. She requested a lower assessment rate. She questioned the widening of the streets and asked if the City could just repair the problem areas. Ken Limberg, 11940 27th Avenue North, stated there are improvements that need to be made to the streets in this area. Bev Limberg, 11940 27th Avenue North, agreed that improvements need to be made as there is no drainage and the street needs to be repaired. However, the economics is a concern. Mayor Slavik declared the public hearing closed. Page 5 Proposed Council Minutes Regular Meeting of January 22, 2008 Page 6 of 9 Public Works Director Cote answered the questions that were raised during the public hearing. Information was provided on the following: 1. Privatizing roads (in the case of Larch Lane), which the City tries to avoid due to properties changing ownership, and maintenance and speeding issues. 2. Assessment rate, period, and senior citizen and permanent and total disability deferrals. 3. Treatment of water before it empties into the lake. 4. Streets are over 30 years old, and the only option is reconstruction. 5. Watermain isn't the driving force for this project. 6. A crown design is proposed for the street, where the elevation of the road is somewhat higher in the middle of the street. 7. Maintenance and emergency vehicle access on Larch Lane. 8. The bidding climate is very good as contractors are aggressively bidding on projects. Motion was made by Councilmember Stein, and seconded by Councilmember Black, to adopt a Resolution Ordering Improvement and Preparation of Plans and Specifications for 2008 Street Reconstruction Project (8 101 —Res2008-041). Motion was made by Mayor Slavik, and seconded by Councilmember Black, to amend the main motion that staff considers options for emergency and maintenance vehicle access on Larch Lane thereby not making it a through street. With all members voting in favor, the motion carried. The Council voted on the amended main motion and with all members voting in favor but Bildsoe, the motion carried. The Council requested a report if there is more curb and gutter than can be saved than what has to be replaced in order to reduce the cost. 7.4) Project Hearing on 2008 Mill and Overlay Project for Niagara Lane between Highway 55 and County Road 6 (8109) Assistant City Engineer Beckwith reported on the proposed project. Mayor Slavik opened the public hearing. Craig Erickson, 2601 Niagara Lane, voiced his support for the project. A representative from Hales Machine Tool, 2730 Niagara Lane, stated the project isn't necessary. Mayor Slavik declared the public hearing closed. Motion was made by Councilmember Bildsoe and seconded by Councilmember Black to adopt a Resolution Ordering Improvement and Preparation of Plans and Specifications for 2008 Mill and Overlay Project (8109 — Res2008-042). With all members voting in favor, the motion carried. Page 6 Proposed Council Minutes Regular Meeting of January 22, 2008 Page 7 of 9 General Business 8.1) Request of Plymouth Lions Club to conduct Lawful Gambling at Broadway Bar and Pizza, 13705 27th Avenue North Mayor Slavik stated that the motion on the table, from the previous Council meeting, is to approve this application. The Council voted on the motion and with all members voting in favor but Hewitt, the motion carried. 8.2) Interim Ordinance Regarding Out Lots Community Development Director Juetten reported on the proposed ordinance as well as the communication received from Huemoeller, Bates, and Gontarek PLC requesting that Outlet A of Heritage Woods Estates, as Heritage Woods Estates 2"d Addition be exempt from the proposed moratorium ordinance. Craig Nordstrom, 13210 57t11 Avenue North, Tom Switzer, 13200 57th Avenue North, and Thomas VanHatten, 5635 Sycamore Lane, stated they support the proposed ordinance. Cindy Dawson, 13320 56th Avenue North, Heritage Woods Estates Second Addition Homeowners Association, stated they don't support the proposed ordinance. Dean Gavin, attorney representing Lake West Development Company, stated his client has spent over $40,000 in development costs, and they are in the middle of assembling this project. He stressed that there are no variances for the project, and they are in compliance with all current zoning regulations. He requested that this project be exempt from the proposed moratorium. Dann Bartsch, 13205 57th Avenue North, stated he is concerned about the impacts of the Heritage Woods project. The proposed ordinance would allow time for the Council and staff to determine the effects of development on these properties. Carol Richardson, 13200 56th Avenue North, stated the Heritage Woods Estates Second Addition Homeowners Association has been in the process of selling the outlot for over a year. She explained that initially, many residents purchased property in this neighborhood as they thought there was a place for the children to play on this outlot. However, the playground equipment has been removed, and now you have to really look to find the property. She stated the developer has been through the proper channels, and now there could be a delay. Charles Breitsprecher, 5630 Teakwood Lane North, stated he has the most affected lot with the proposed project in Heritage Wood Estates Second Addition. He noted that his lot will become a corner lot which he has no desire for. Page 7 Proposed Council Minutes Regular Meeting of January 22, 2008 Page 8 of 9 The Council discussed doing this study in a shorter time period rather than one year as proposed. Motion was made by Councilmember Willis and seconded by Councilmember Black to adopt an Interim Ordinance Temporarily Prohibiting Development on Designated Lots in the City Ord2008-03). Motion was made by Councilmember Bildsoe, and seconded by Councilmember Stein to amend the main motion for an effective date of July 22, 2008 (six month period rather than one year). With all members voting in favor but Willis, the motion carried. The Council voted on the main motion and with all members voting in favor, the motion carried 8.3) Final Plat, Site Plan, Conditional Use Permit, Interim Use Permit and Variance for construction of Pharmacy within Taryn Hills Commercial Site (Ryan Companies US, Inc. — 2007092) Public Works Director Dote updated Councilmember Hewitt on the discussions held with the County concerning a signalized intersection at County Road 47 and Vicksburg Lane. At this time, there has been very little progress. He noted that there are a.m. and p.m. peak issues with this intersection. Some of these issues have improved with the addition of turn lanes. Regarding the proposed pharmacy, it's fairly typical for lower trip generation associated with this use, and staff is comfortable with the four-way stop currently in place. Tony Burrance, Director of Retail Development for Ryan Companies, requested the Council's support for the applications. He stressed that they tried to accommodate the design and architecture of the site with the residential development. Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe to adop a Resolution Approving Final Plat for "Taryn Hills Commercial Addition" for One Commercial Lot for a Pharmacy and an Outlot for Future Commercial Development for Property located in the Northeast Quadrant of County Road 47 and Vicksburg Lane (Res2008-044) Resolution Adopting Assessment, Levy No. 17077, Sanitary Sewer and Watennain Area for Lot 1 Block 1 Taryn Hills Commercial Addition (2007092 — Res2008-045) and a Resolution Approving a Site Plan, Conditional Use Pen -nit, Interim Use Permit, and Variance for Ryan Companies US Inc. to allow Construction of a Pharmacy within the Taryn Hills Commercial Site for Property located in the Northeast Quadrant of County Road 47 and Vicksburg Lane 2004092 — Res2008-046). With all members voting in favor but Hewitt, the motion carred. Reports and Staff Recommendations 9.1) Appointments of Board and Commission Members Motion was made by Councilmember Black and seconded by Councilmember Bildsoe to adopt a Resolution Appointing Individuals to Fill Vacant Terms on the Various Boards and Commissions with the Exception of an At Large Seat on the Environmental Quality Committee Page 8 Proposed Council Minutes Regular Meeting of January 22, 2008 Page 9 of 9 Res2008-047). The appointment to this seat would be on the February 12 Council a eenda. With all members voting in favor, the motion carried. 9.2) 2008 Council Coordinating Representatives and Other Agencies Appointments Motion was made by Councilmember Bildsoe, and seconded by Councilmember Stein to adopt a Resolution Appointing Council Coordinating Representatives and Representatives to Other Agencies (Res2008-048). With all members voting in favor, the motion carried. 9.3) Study Sessions Motion was made by Slavik, and seconded by Councilmember Bildsoe, to schedule the following Special Meetings: 1. Special Meeting on March 11 at 6:00 p.m. for the purpose of meeting with the auditors. 2. Special Meeting on April 22 at 5:30 p.m. to discuss Schmidt Lake Sediment Delta. 3. City Open House/Town Meeting on April 26 from 9:00 a.m.-12:00 p.m. at City Hall. 4. Special Meeting on April 8 at 6:00 p.m. to discuss lake setback ordinance. 5. Added excessive nuisances related to rental housing on the February 26 Special Meeting agenda. With all members voting in favor, the motion carried. Adiournment Mayor Slavik adjourned the meeting at approximately 11:45 p.m. Sandra R. Engdahl, City Clerk Page 9