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HomeMy WebLinkAboutCity Council Minutes 10-14-2008Adopted Minutes Regular Council Meeting October 14, 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 October 14, 2008. COUNCIL PRESENT: Mayor Slavik, Councilmembers Stein, Murdock, Willis, and Black. ABSENT: Councilmembers Bildsoe and Hewitt. STAFF PRESENT: City Manager Ahrens, City Attorney Poehler, Police Chief Goldstein, Public Works Director Cote, Senior Planner Darling, Fire Captain Evenson, City Engineer Moberg, Park and Recreation Director Blank, Community Development Director Juetten, and City Clerk Engdahl. Plymouth Forum Bruce Rader, 4260 Quaker Lane, spoke of the Robbinsdale School District Referendums on the November 4 General Election ballot. LeRoy Lange, 12820 26th Avenue North, addressed the Council regarding the 26th Avenue North to Medicine Lake street reconstruction project. He stated he previously appeared before the Council to express his concerns regarding their street being utilized as the staging area for the project. He stated if the contractor would provide a letter of apology regarding the conditions they had to endure during this project, he wouldn't file a claim to have his home cleaned. He noted that he received a letter from the City Manager; however, some items in that letter were incorrect. He suggested that for future projects, the City should notify residents when their streets will be used for staging areas. Presentations and Public Information Announcements 4.01) Bond Certificate of Congratulations to the City of Plymouth John North, from Ehlers and Associates, presented a Bond Certificate of Congratulations to the City of Plymouth for being designated as the "No. 1 Best Place to Live." 4.02) Resolution Recognizing Plymouth's No. 1 Best Place to Live Award Senator Bonoff presented to the Council a Resolution Recognizing Plymouth's No. 1 Best Places to Live Award. 4.03) Proclamation Declaring "Minnesota Manufacturer's Week" Adopted Council Minutes 1 of 7 Regular Meeting of October 14, 2008 Mayor Slavik declared October 20 -October 24 as "Minnesota Manufacturer's Week." Approval of Agenda Motion was made by Councilmember Willis, and seconded by Councilmember Black, to approve thea eQnda. With all members voting in favor, the motion carried. Consent Aslenda Items 6.05 and 6.14 were removed from the Consent Agenda and placed under General Business as item No's. 8.2 and 8.3 respectively. By request of applicant, item No. 6.03 was tabled to October 28, 2008. Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adopt the Consent Agenda that included the following items: 6.01) Minutes from the Regular Meetings of September 9 and September 23. 6.02) Resolution Approving 2008-2009 Membership Dues in League of Minnesota Cities Res2008-299). 6.03) (This item was tabled to October 28, 2008). 6.04) Ordinance Amending the Zoning Ordinance Concerning the Completion of Landscaping 2008057 — Ord2008-24) and a Resolution Approving Findings of Fact for a Zoning Ordinance Text Amendment to Alter Section 21130.02 General Landscaping and Maintenance (2008057 — Res2008-300). 6.05) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.2). 6.06) Resolution Approving Variances for Side Yard and Rear Yard Setback and Impervious Surface Coverage for Jason Bever for Property located at 2740 Larch Lane North (2008091 — Res2008-301). 6.07) Resolution Approving Residential Recycling Grant Agreement (Res2008-302). 6.08) Resolution Authorizing Payment of Dues to the TwinWest Chamber of Commerce Res2008-303). 6.09) Resolution Approving an Addendum to the Cooperative Agreement with Bassett Creek Watershed Management Commission West Medicine Lake Park Pond Improvements (3105 — Res2008-304). 6.10) Resolution Approving Change Order No's. 1 and 2 for County Road 9/61 Erosion Repair Adopted Council Minutes 2 of 7 Regular Meeting of October 14, 2008 Project (4135 — Res2008-305). 6.11) Resolution Awarding Contract for Well No. 16 Raw Watermain (7114 — Res2008-306). 6.12) Resolution Approving Change Order No. 2 for 28"' Avenue Lift Station Project (8108 — Res2008-307). 6.13) Resolution Approving Request for Payment No. 2 and Final for 2008 Temporary Overlay Project (8106 — Res2008-308). 6.14) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.3). Motion carried to approve the Consent Agenda. Public Hearings 7.1) Delinquent Utilities and Other Charges City Manager Ahrens provided a brief report on the proposed charges. Mayor Slavik opened the public hearing. Linda Wagner, 2025 Kilmer Lane North, stated she is being assessed $176.50 for the cutting of obnoxious weeds on a 54x20 foot area on the front portion of her property, which is State property. She stressed that this is State property so she shouldn't be assessed. She noted if other weeds in her area would be cut (i.e. on the medians and adjacent commercial properties), there wouldn't be weeds on this portion of her property. She discussed the correspondence with City staff after receiving her first notification of obnoxious weeds on June 12, 2007. She referred to Section 810 of the City Code regarding the process for obnoxious weeds, and she challenged the City that an inspection was done by staff. Mayor Slavik declared the public hearing closed. City Manager Ahrens stated proper notices were mailed to the property owner as well as the required publish notices. However, she suggested that Ms. Wagner's assessment be tabled to October 28. Motion made by Councilmember Black, and seconded by Councilmember Murdock to adopt a Resolution Levying Assessment for Delinquent Utility Accounts, Diseased Trees, Weed Eradication, False Alarm Fees, and Other Miscellaneous Charges (Res2008-309), with the exception of 2025 Kilmer Lane which was table to October 28. With all members voting in favor, the motion carried. 7.2) Special Assessments for Fernbrook Lane Project (1013) Adopted Council Minutes 3 of 7 Regular Meeting of October 14, 2008 City Engineer Moberg provided an overview of the project. Claudia Novak, representing Novak Enterprises LLC, stated they own property at 2720 Fernbrook Lane North. She presented written objection to their proposed assessment. She stated due to the project, access to their property has become more difficult. Their driveway was changed to make it appear as a continuation of 27th Street. Initially, they were told that there would be no assessment to the property owners because the City was receiving Federal funds and utilizing improvement funds. They strongly object to the assessment as the City misinformed them. She also voiced a concern of the assessment for severing and reburying of a copper line with the project. That cost should be the responsibility of the City. Beth Timm, representing Sandman Hotels LLC (Comfort hm and Axels Bonfire), stated they weren't informed of tonight's assessment hearing. It also appears that there is property on Empire Lane that isn't being assessed. Mayor Slavik closed the public hearing. Public Works Director Cote stated in April 2007 all property owners were sent notices of the project hearing as well as notification of tonight's assessment hearing. He stated that Novak Enterprises LLC provided a written objection to the project at the project hearing. City Engineer Moberg added that in April 2006, a public information meeting was held with all property owners. This is the same list of property owners that are being assessed at tonight's hearing. Regarding the driveway access for 2720 Fernbrook Lane North, staff has installed a private entrance sign for that property. However, there could be further review to determine if there should be signage on both sides of the driveway. Regarding the copper line, he stated staff would review that situation to determine if the City would be participating in that cost. 10,001 and Higher 0013 — Res2008-316). In addition, staff was directed to work with Novak Enterprises LLC on their outstanding issue regarding the copper line. With all members voting in favor, the motion carried. General Business 8.1) Quit Claim Deed to Cancel Purchase Agreement for Property located at the Southeast Corner of County Road 101 and 40th Avenue (Family Hope Services — 2003002) Community Development Director Juetten reported on the quit claim deed to cancel purchase agreement for property located at the southeast corner of County Road 101 and 40th Avenue. Becky Walker, representing the applicant, stated they have decided not to construct the building as their donors feel that there are other partners and resources available in the City. Adopted Council Minutes 4 of 7 Regular Meeting of October 14, 2008 Motion was made by Councilmember Willis, and seconded by Councilmember Black, to adopt a Resolution Accepting Quit Claim Deed from Family Hope Services (2003002 — Res2008-311). With all members voting in favor, the motion carried. 8.2) Amendment to Planned Unit Development General Plan and Preliminary Plat for Trillium Woods" (property at the southeast corner of the intersection of County Road 47 and Juneau Lane — LCS Development — 2008085) Senior Planner Darling reported on the following changes which were made to the development: 1. From the homes to the south: The applicant removed the three-story multiple -fancily buildings on the south side of the development and relocated the street closer to the trail which results in a greater distance between the existing homes and the proposed building approximately 250 feet versus 155 feet previously). Two rows of street trees between the existing homes and proposed building have been added. 2. From 57th Avenue: The multiple -family buildings would be 15 feet from the right-of- way to increase the buildings distance from the trail corridor. Travelers on 57`h Avenue would now have direct views into the Northwest Greenway trail corridor on the south side of the street and on the north side, they would see the main four-story building (over parking) as before and one -level townhouses instead of three-story buildings. 3. From the homes to the west: The townhouses would be located further north into the treed area than the small apartment buildings previously approved. This change results in more tree loss, but the proposed units are shorter and smaller than the multiple -fancily buildings previously approved. 4. Alterations to the skilled nursing wing: The applicant altered the interior layout of this wing which altered window locations, but no other changes to the outside of the building. The changes to the windows on the south side of the building are more substantial, but due to the treed area, the alterations are not visible off-site. A concern was expressed relative to the height and mass of the buildings and the relocation of the transportation system on the southern end of the development. It was also noted that the initial cost of the road would be borne by the developer, but for future developments, staff needs to look at means by which that the on-going capital expenses of maintenance and operation can be minimized to the public. Motion was made by Councilmember Stein, and seconded by Councilmember Murdock, to ado rpt an Ordinance Amending Chapter 21 of the City Code Concerning an Amendment to the Trillium Woods PUD located near the Southeast Corner of the Intersection of County Road 47 and Juneau Lane (2008085 — Ord2008-25), Resolution Approving Findings of Fact for the PUD Amendment for "Trillium Woods" to be located on Property near the Southeast Corner of the Intersection of County Road 47 and Juneau Lane (2008085 — Res2008-312), Resolution Approving a PUD General Plan Amendment for LCS, LLC for "Trillium Woods," a Continuing Care Retirement Community on Property located at the Intersection of County road 47 and Juneau Lane (,2008085 Res2008-313), and a Resolution Approving a Preliminary Plat for LCS. LLC for Revisions to Trillium Woods," a Subdivision for a Continuing Care Retirement Community located at the Southeast Corner of the Intersection of County Road 47 and Juneau Lane (2008085 — Res2008- Adopted Council Minutes 5 of 7 Regular Meeting of October 14, 2008 314). With all members voting in favor, the motion carried. 8.3) Plans and Specifications and Order Advertisement for Bids for Timber Creek Improvements Project (8115) Lawrence Marofsky, 2835 Medicine Ridge Road, and Kate Sorenson, 2845 Medicine Ridge Road, addressed the Council regarding a 20 -foot wide easement on the Sorensons' property for surface drainage, and the request of the Marofkys' to grant a 40 -foot easement over their property, which they denied. They stated there's no question that the lower portion, the open channel, near Medicine Lake needs to be completed, but they would like to walk the creek with staff to discuss the project in further detail. Public Works Director Cote suggested that the Council table this project in order that staff can determine whether there is objection to the project or the easements. Motion was made by Councilmember Black, and seconded by Councilmember Willis, to table this item until staff can resolve issues with property owners. With all members voting in favor, the motion carried. Reports and Staff Recommendations 9.1) Request to Expand Charitable Gambling Area Community Development Director Juetten highlighted staff's report regarding Plymouth Lion Club's request for an amendment to the City Code that would allow their organization to conduct lawful gambling at Joe Senser's. The Council couldn't come to an agreement, and with two Councilmembers being absent, the suggestion was made to table this item to the October 28 Council meeting. Motion was made by Councilmember Black, and seconded by Councilmember Willis to table this item to October 28, and staff was directed to provide a map showing the liquor businesses that could qualify for lawful gambling if the distance was measured 500 feet from the liquor establishment to residences. With all members voting in favor, the motion carried. 9.2) Future Study Sessions The Council scheduled the following meetings: 1. Closed meeting on October 28 at 5:30 p.m. to discuss labor negotiations. 2. Special meeting on November 10 at 6:00 p.m. for an update with the City Manager. 3. Special meeting on November 25 at 5:30 p.m. to discuss utility rate study. Adopted Council Minutes 6 of 7 Regular Meeting of October 14, 2008 Adiournment Mayor Slavik adjourned the meeting at approxi ately 9.30 p.rf gandra R. Engdahl, Ci Clerk Adopted Council Minutes 7 of 7 Regular Meeting of October 14, 2008