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