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HomeMy WebLinkAboutCity Council Minutes 10-28-2008Adopted Minutes Regular Council Meeting October 28, 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 28, 2008. COUNCIL PRESENT: Mayor Slavik, Councilmembers Stein, Murdock, Willis, Bildsoe, Hewitt, and Black. ABSENT: None. STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Police Chief Goldstein, Public Works Director Cote, Fire Chief Kline, Park and Recreation Director Blank, Assistant City Engineer Renneberg, Community Development Director Juetten, and City Clerk Engdahl. Plymouth Forum Justin Winzenburg, 3800 New Orleans Lane, stated there are five adults at their residence, and they have four vehicles and only two -car garage. He requested an exception to the City Code regarding the overnight parking provisions, as they need to move cars in late at night in order to avoid citations. Police Chief Goldstein stressed that the ordinance is in place to assist the Police Department in patrolling the streets (public safety factor), and navigating emergency vehicles through the streets. It raises suspicions when the police see vehicles parked on the streets in the neighborhood. However, property owners can receive a one-night waiver from the Police Department. James Prom, 5760 Oakview Lane, At Large City Council candidate, thanked staff for the Council packets he has been receiving. He stated that if he were on the Council, he would cast a no vote for item No. 8.2, which is expansion of the charitable gambling area. Tom Walsh, 10015 31" Avenue North, spoke of the Robbinsdale School District's referendum on the November 4 General Election ballot. Linda Wagner, 2025 Kilmer Lane, stated several years ago the City conducted a traffic study on Kilmer Lane, and she asked what the status of that study is and if there are any plans to address that study. Mayor Slavik stated that staff would provide a written response to her inquiry. She also requested that there be extra patrol in the Kilmer Lane area. Adopted Council Minutes 1 of 8 Regular Meeting of October 28, 2008 Presentations and Public Information Announcements Mayor Slavik wished Public Safety Director Cote a happy birthday. 4.01) Oath of Office to Firefighter Blaine Duncan, Blaine Howe, and Brandon Johnson City Clerk Engdahl administered oaths of office to Firefighters Blaine Duncan, Blaine Howe, and Brandon Johnson. 4.02) Announcement of Halloween at the Creek on October 31 Park and Recreation Director announced Halloween at the Creek on October 31. 4.03) Announcement of November 4 General Election City Clerk Engdahl announced the General Election on November 4. 4.04) Recognition to Angela Haseman The Council congratulated Angela Haseman for being named the Minnesota Crime Prevention Officer of the Year. Approval of Agenda Staff requested that item No. 6.05 be removed fi-om the Consent Agenda. Motion was made by Councilmember Black, and seconded by Councilmember Murdock, to approve the amended agenda. With all members voting in favor, the motion carried. Consent Aeenda Items 6.08 through 6.10 were removed from the Consent Agenda and placed under General Business as items No. 8.04, 8.05, 8.25 respectively. Motion was made by Councilmember Hewitt, and seconded by Councilmember Bildsoe, to adopt the amended Consent Agenda that included the following items: 6.01) Continued consideration of preliminary and final plat for "Gutlovics Addition" to November 25, 2008 (2007041). 6.02) Resolution Approving Termination of 1990 Conditional Use Permit that allowed Stockpiling of Dirt for Property located at 3500 Holly Lane (Res2008-318). 6.03) Ordinance Approving Rezoning from B -C to O for Two Existing Town -Office Buildings located southeast of Old Rockford Road and 45"' Avenue to be converted to a Senior Memory Adopted Council Minutes 2 of 8 Regular Meeting of October 28, 2008 Care Facility with 45 Rooms (Ord2008-26), Resolution Approving Findings of Fact (Res2008- 319), and a Resolution Approving Site Plan Amendment for Four Small Additions (Res2008- 320). 6.04) Resolution Approving Grant Award from the U.S. Department of Justice for the COPS Secure Our Schools Grant for School District 281 (Res2008-321). 6.05) (This item was removed from the Consent Agenda). 6.06) Resolution Approving Comments on Metropolitan Council's 2030 Transportation Policy Plan (Res2008-317). 6.07) Resolution Approving Payment No. 3 and Final for Erosion Project (6113 — Res2008- 322). 6.08) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.4). 6.09) (This item was removed fiom the Consent Agenda and placed under General Business as item No. 8.05). 6.10) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.25). 6.11) Resolution Approving Responses to Comments on the Draft Surface Water Management Plan from the Bassett Creek, Elm Creek, Minnehaha Creek, and Shingle Creek Watershed Districts (Res2008-323). 6.12) Resolution Approving Purchase of Artwork for Millennium Garden (Res2008-324). 6.13) Resolution Approving Naming of Taryn Hills Park (Res2008-325). 6.14) Resolution Accepting Report on Outdoor Hockey Rinks and Pleasure Pinks (Re -.2008= 326). 6.15) Renewal of Life, ADD and LTD insurances. 6.16) Resolution Approving Purchase of 5755 Juneau Lane for the Northwest Greenway Res2008-327). Motion carried to approve the Consent Agenda. Public Hearings 7.1) Assessment Hearing for West Medicine Lake Area 2008 Street Reconstruction Project (8101) Adopted Council Minutes 3 of 8 Regular Meeting of October 28, 2008 Assistant City Engineer Renneberg discussed the project and the proposed assessments Mayor Slavik opened the public hearing. Thomas Balkins, 2870 North Evergreen Lane, stated approximately three to four months out of the year, the road is under the lake level, so that is an issue that should be addressed. He noted that there is over 200 feet of organic soil in this area. The manhole is two feet higher than the rest of the road that causes a problem with the spring rains, as the road is then one to two feet under water. He doesn't mind the assessment, but he would like to be able to walk to his property. Bill Haberman, 12030 28th Avenue North, voiced complaints when the project was under construction. Those complaints included turning off power without informing residents, the contractor hitting a sewer pipe that emptied into the lake, the contractor hitting their gas, water, and telephone lines, and the placement of their mailbox. He stated the contractor was disrespectful, and he feels they planned this project very poorly. Therefore, he desires not to pay for his assessment until the project is completed. He asked how the assessments were calculated and who pays to repair the road. David James, 12020 28th Avenue North, stated the channel that drains into the lake needs to be dredged as the system is totally plugged. He noted the trees that were pulled out that are sitting in the lake. He stated that they granted a temporary easement for the lift station that was placed on their property, but the City exceeded the temporary easement, and some of the plantings in their yard were destroyed. Staff has assured them that this matter would be taken care of. Lastly, he noted the damage to his patio, and he desired that this patio be replaced at the City's expense. Ken Limbirg, 11940 27"' Avenue North, voiced complaints on how this project was handled. He stated property owners weren't given notification when they couldn't access their homes. He stated for future projects, if the City is utilizing a contractor for the fust time, which is the case with this project, the City should receive two recommendations from cities that have used this contractor. Wallace Belcher, 2760 Kirkwood Lane, stated he's on a fixed income, and he requested that the Council address senior citizen assessments. Paul Fagerberg, 12220 29th Avenue North, stated his entire front yard was dug up. They also had partial curbing on 291h Avenue, so how would that affect his assessment. The project wasn't completed. David James, 12020 28t11 Avenue North, commented that there was a gap under the silt fence. Mayor Slavik declared the public hearing closed. City Engineer Renneberg poke of the water on Evergreen Lane. Staff would be evaluating this situation after the final asphalt is laid in order to determine what the impacts are. Adopted Council Minutes 4 of 8 Regular Meeting of October 28, 2008 Mr. Balkins reiterated the water problem on Evergreen Lane. He suggested a berm solution with a pump. Public Works Director Doran stated that staff would monitor the settlement in the spring. He added it's the Council's discretion when to assess the residents. City has already incurred 40% of the project costs that are being assessed. Regarding notification to residents, Assistant City Engineer Renneberg stated they try to give 48 hours notice to residents when they shut off the utilities, but there are situations where lines are accidentally hit, and they can't meet that advance notification. Assistant City Engineer Renneberg stated staff would review all the issues that were addressed this evening and provide a follow-up report to the Council. It was noted that with this particular project, there was also the construction of a sewer lift station in the area at the same time, and the City did hire the "lowest responsible bidder" according to the City's criteria. Motion was made by Councilmember Hewitt, and seconded by Councilmember Bildsoe, to adopt a Resolution Adopting Assessments for 2008 Street Reconstruction Project for Assessments from $0 to $5,000 (8101 — Res2008-328), Resolution Adopting Assessments for 2008 Street Reconstruction Project for Assessments from $5,001 to $10,000 (8101 — Res2008-329) and a Resolution Adopting Assessments for 2008 Street Reconstruction Project for Assessments from 10,001 and Higher (8101—Res2008-3M. With all members voting in favor, the motion carried. 7.2) Assessment Hearing for Niagara Lane 2008 Mill and Overlay (8109) Public Works Director Cote Doran reported on the project and the proposed assessments Mayor Slavik opened the public hearing. Mayor Slavik closed the public hearing. Motion was made by Councilmember Hewitt, and seconded by Councilmember Black, to adopta Resolution Adopting Assessments for 2008 Mill and Overlay Project for Niagara Lane from State Highway 55 to County Road No. 6 for Assessments up to $5,000 (8109 — Res2008-331) and a Resolution Adopting Assessments for 2008 Mill and Overlay Project for Niagara Lane from State Highway 55 to County Road No. 6 for Assessments up to $5,001 to $10,000 (8109 — Res2008-332). With all members voting in favor, the motion carried. General Business 8.05) Encroachment Agreement for Modular Retaining Wall at 16650 32"d Avenue North Spring Arbor — 2007002) Adopted Council Minutes 5 of 8 Regular Meeting of October 28, 2008 Councilmember Willis noted that the property owner has a very severe slope down to the trail whether the wall is constructed there or not. He questioned if something would need to be done to the south side of the trail and if the City could maintain the trail. Public Works Director Cote stated that the width of the trail is eight feet, and the property owner to the south would also need to be four feet away from the trail. Staff doesn't foresee a maintenance issue with the trail. Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to adopt a Res2008-333). With all members voting in favor, the motion carried. 8.1) Weed Eradication Assessment for 2025 Kilmer Lane North City Manager Ahrens discussed with the Council the chronological list of events in contacting Linda Wagner regarding weed eradication on her property, and most importantly the August 29, 2007 correspondence. Linda Wagner, 2025 Kilmer Lane, acknowledged receipt of notification of the June 12 or June 13, 2007 weed cut. She stated the City is holding her to a higher standard to maintain this area that is less than 12 square feet that the State owns. The City and commercial properties don't maintain the right-of-ways. Mayor Slavik stated the enforcement of the ordinance is based on a complaint basis. Roger Knutson stated in the City, the fee title is owned by the property owner. There could be exceptions. The question was asked of the City Attorney who is responsible for the maintenance of the property if it's State property. City Attorney Knutson replied if the property owner owns the fee title, they are responsible. However, if the fee title is owned by the State, they would be responsible. Motion was made by Councilmember Stein, and seconded by Councilmember Hewitt, to lever assessment and directed staff to determine the rightful owner of the property and the correct procedure for maintenance in the future. With Stein, Black, and Hewitt voting yes, and Willis, Bildsoe, Murdock, and Slavik voting no, the motion failed. Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to adopt a Resolution Levying Assessment for Delinquent Weed Eradication for Property ID No. 25-118- 22-14-0005 (Res2008-334) with the direction to determine the rightful owner of the property the correct procedure for maintenance in the future. With Black, Willis, Bildsoe, and Murdock voting yes, and Stein, Hewitt, and Slavik voting no, the motion carried. 8.2) Request to Expand Charitable Gambling Area Motion was made by Councilmember Hewitt, and seconded by Mayor Slavik, to take no action Adopted Council Minutes 6 of 8 Regular Meeting of October 28, 2008 to expand the charitableag mbling area. The Council discussed the pros and cons of charitable gambling in the City and if the Council were to amend the City Code to change the distance from residences, what would that distance be. In addition, would the distance be measured from a development's property line or from the business area inside the development. With Hewitt and Slavik voting yes, and Stein, Black, Willis, Bildsoe, and Murdock voting no, the motion failed. Motion was made by Councilmember Stein, and seconded by Councilmember Black, to direct staff to prepare a map and draft an Ordinance amending the City Code to change the 650 foot requirement so that it's measured from the property line from the free standing building. This item would be added to the pending Study Session list to be scheduled for a Study Session in the future. With Stein, Black, Willis, and Murdock voting yes, and Bildsoe, Hewitt, and Slavik voting no, the motion carried. 8.25) 2009-2013 Capital Improvement Program Councilmember Bildsoe suggested reevaluating a few projects that were included in the Capital Improvement Program (CIP) due to the uncertainty of the economy and the City's ability to tax. These projects include the West Medicine Lake Park building and improvements to the Hilde Performance Center. However, there could also be other projects that should be reevaluated. Motion was made by Councilmember Hewitt, and seconded by Councilmember Stein, to take no action on the 2009-2013 Capital Improvement Program and to schedule a Study Session on December 9 at 5:30 p.m. to discuss the CIP. With all members voting in favor, the motion carried. 8.3) Consideration of Design Consultant for Improvements at Hilde Performance Center The Council tabled this item indefinitely. 8.4) Payment No. 5 and Final for 2008 Street Sweeping Project (8116) Councilmember Willis led the Council in a discussion on the appropriate funding sources for this project. Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to adopt a Resolution Approving Request for Payment No. 5 and Final for 2008 Street Sweeping Project 8 116 — Res2008-335) with $118,190.80 to come from the water resources fund and the remainder to come from the general fund. With all members voting in favor but Hewitt and Slavik, the motion carried. Adopted Council Minutes 7 of 8 Regular Meeting of October 28, 2008 Reports and Staff Recommendations 9.1) Set Date to Canvass General Election Results The Council added the canvassing of the General Election results and the discussion of transportation trends to the November 10 Special Meeting and changed the start time of the meeting to 5:30 p.m. Adiournment Mayor Slavik adjourned the meeting at approxi ately 10:25 p.m. t andra R. Engdahl, Cit Clerk Adopted Council Minutes 8 of 8 Regular Meeting of October 28, 2008