HomeMy WebLinkAboutCity Council Minutes 04-14-2009Adopted Minutes
Regular Council Meeting
April 14, 2009
Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:07 p.m. in the
Council Chambers of City Hall, 3400 Plymouth Boulevard, on April 14, 2009.
COUNCIL PRESENT: Mayor,Slavik, Councilmembers Johnson, Black, Bildsoe, Willis,
Murdock, and Stein.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Police Chief Goldstein,
Captain Webb, Public Works Director Cote, Deputy Fire Chief Springer, Community
Development Director Juetten, Park and Recreation Director Blank, Administrative Services
Director Portner, Assistant City Engineer Renneberg, Reconstruction Program Manager Paumen,
Water Resources Manager Asche, Engineer Payne, and Deputy City Clerk Olson.
Plymouth Forum
There was no one present to speak at the forum.
Presentations and Public Information Announcements
4.01) Presentation of a Speed Device Donation from Department of Public Safety, Office
of Traffic Safety
Bob O'Brien, from the Department of Public Safety, gave a presentation on the speed device.
The device was donated because of the good work of the Police Department and in the hope the
device will save lives.
Motion was made by Councilmember Bildsoe and seconded by Councilmember Black, to adopt
a Resolution Accepting the Donation (Res2009-099). With all members voting in favor, the
motion carried.
4.02) Proclamation Declaring April 18-25 as "Great Shingle Creek Watershed Cleanup"
Councilmember Black gave a brief presentation on the annual cleanup efforts for Shingle Creek.
Mayor Slavik read the proclamation declaring April 18-25 as "Great Shingle Creek Watershed
Cleanup."
4.03) Proclamation Welcoming 2009 Daytona 500 Champion Matt Kenseth to Plymouth
Adopted Council Minutes 1 of 5 Regular Meeting of April 14, 2009
Mayor Slavik gave a brief overview of the background of the proclamation and presented a
signed copy of the proclamation to Plymouth resident Chuck Fountain.
Mayor Slavik reported the Primavera Arts Festival would be held on April 17-21 at the Plymouth
Creek Center.
Mayor Slavik announced the City Sampler on April 25 from 9:00 a.m. to 12:00 p.m.
Approval of Agenda
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to
approve thea enda. With all members voting in favor, the motion carried.
Consent Actenda
Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt the
Consent Agenda that included the following items:
6.01) Minutes from the Regular Council Meeting of March 24, 2009.
6.02) Resolution Approving Disbursements for Period ending April 4, 2009 (Res2009-078).
6.03) Resolution to Approving a Sign Variance for Columbus Home Association for Property
located at 10904 South Shore Drive (2009008 — Res2009-079).
6.04) Resolution Approving a Site Plan Amendment, Conditional Use Permit, and Variance for
Provident/Waterford, LLC to allow installation of a Drive -Through Service Window at
Waterford Shopping Center, 10200
6th Avenue (2009007 - Res2009-080).
6.05) Resolution Approving a Joint Powers Agreement with All Hazard Incident Management
Team (Res2009-081).
6.06) Resolution Amending the 2009-2013 Capital Improvement Program and Authorizing
Additional Funding from the Park Dedication Fund, and Authorizing 2009 Park Improvement
Projects (Res2009-082).
6.07) Resolution Approving a Contractual Agreement with the Federal Government under the
Recovery Act Edward Byrne Memorial Justice Grant (Res2009-083).
6.08) Resolution Approving Change Order No. 1 for County Road 47/61 Intersection
Improvements (6108 — Res2009-084) and a Resolution Approving Payment No. 6 and Final
County Road 47/61 Intersection Improvements (6108 — Res2009-085).
Adopted Council Minutes 2 of 5 Regular Meeting of April 14, 2009
6.09) Resolution Receiving the Preliminary Engineering Report and Calling a Public Hearing
for the 36th Avenue Street Reconstruction Project (8104 — Res2009-086).
6.10) Resolution Awarding Contract for the 2009 Temporary Overlay Project (9102 — Res2009-
087).
6.11) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for
2009 Street Seal Coat Program (9110 — Res2009-088).
6.12) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for
2009 Street Crack Repair Program (9111— Res2009-089).
6.13) Resolution Approving Agreement with the Minnesota Department of Natural Resources
for Medicine Lake Curlyleaf Pondweed Treatment for 2009 (9118 — Res2009-090).
6.14) Resolution Approving Hot Mix Asphalt Bids for 2009 (Res2009-091).
6.15) Resolution Approving the 2030 Plymouth Comprehensive Plan, including the Tier II
Comprehensive Sewer Plan (Res2009-092).
6.16) Resolution Approving Renewal Application of the Plymouth Lions Club to conduct
Lawful Gambling at Broadway Bar and Pizza (Res2009-093).
6.17) Resolution Approving Bids for Gleanloch and Parkers Lake Playgrounds (Res2009-094).
Motion carried to approve the Consent Agenda.
Public Hearings
7.1) Project Hearing for 2009 Street Reconstruction Project (9101)
Public Works Director Cote gave a report on the reconstruction project. He reported staff has
already received bids in order that a more accurate project cost could be determined. He stated
due to irregularities in the bidding process, staff is recommending rejecting all the bids.
Mayor Slavik stated six votes would be required to proceed with the project.
Councilmember Johnson asked what other financing options would be available to residents.
Public Works Director Cote responded there were three possibilities:
1. Delay the assessment until 2010 with little impact to the City's budget.
2. Modify assessment policy for a lower interest rate.
3. Extend the repayment period.
Public Works Director Cote explained how the Kingsview Heights and Circle Park
Adopted Council Minutes 3 of 5 Regular Meeting of April 14, 2009
neighborhoods could be separated and combined with other projects in 2010 and 2011.
Motion was made by Councilmerriber Willis and seconded by Councilmember Stein, to adopt a
Resolution to reject All Bids for the 2009 Street Reconstruction Project (9 101 — Res2009-095).
Mayor Slavik did not open the public hearing as there was no motion to move forward with the
project. She asked the public to speak only in relation to the motion to reject the bids.
The following residents spoke against rejecting the bids:
1. Paul Gregoire, 14910 43rd Ave North
2. Donald Moore, 205 Lanewood Lane
3. Bob Brill, 4275 Kingsview Lane
4. Ethan Roberts, 4330 Kingsview Lane
Bruce Boetzer, ASTECH Corporation, believes staff has errored in recommending the rejection
of all bids. He requested his bid be considered, and he distributed handouts to Council. City
Attorney Knutson addressed language regarding responsible bidder criteria.
Verlyn Shoep, PARK Construction, requested that the Council accept their bid as the lowest and
responsible bid. They would work with the residents during the construction.
Mayor Slavik stated there is no ill will towards the contractors submitting bids; Council had
hoped to see lower bids come in.
With Willis, Bildsoe, Johnson, Murdock, and Slavik voting yes, and Stein and Black voting no,
the motion carried.
Council directed staff to look at combining Kingsview Heights and Circle Park neighborhoods
with other construction projects in 2010 and 2011.
Mayor Slavik thanked residents for attending and reiterated that there would be no street
reconstruction project for Kingsview Heights and Circle Park neighborhoods at this time.
General Business
8.1) Application of Plymouth Lions Club to conduct Lawful Gambling at Joe Sensers
Sports Grill and Bar, 16605 County Road 24, Suite 210
City Manager Ahrens gave a report on the application.
Motion was made by Councilmember Bildsoe and seconded by Councilmember Murdock, to
adopt a Resolution Approvingthehe Application of Plymouth Lions Club for Lawful Gambling at
l
Joe Sensers Grill and Bar, 16605 County Road 24 Suite 210 (Res2009-096). With Willis,
Bildsoe, Johnson, Murdock, and Stein voting yes and Black and Slavik voting no, the motion
Adopted Council Minutes 1 4 of 5 Regular Meeting of April 14, 2009
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carried.
8.2) Lawful Gambling at Cowboy Jack's, 4120 Berkshire Lane North
City Manager Ahrens gave a report on the proposed ordinance as well as the applications of both
the Plymouth and Maple Grove Lions.
Motion was made by Councilmember Willis and seconded by Councilmember Johnson, to adopt
an Ordinance Amending Section 1105.09 of the Ci y Code Concerning Lawful Gambling
Ord2009-05).
Mark Wills and Phil Leith, from the Maple Grove Lions Club, requested approval of their
application.
With all members voting in favor, the motion carried.
Motion was made by Councilmember Johnson and seconded by Councilmember Murdock, to
adopt a resolution approvin thehe Plymouth Lions Lawful Gambling License Application for
Cowboy Jacks (Res2009-097). With Bildsoe, Johnson, Murdock, Stein, and Willis voting yes,
and Slavik and Black voting no, the motion carried.
Motion was made by Councilmember Johnson and seconded by Councilmember Bildsoe,.to
deny the Maple Grove Lions Lawful Gambling License Application for Cowboy Jacks
Res2009-098). With all members voting in favor, the motion carried.
8.3) Unaudited 2008 Financial Report
Administrative Service Director Portner gave a report on the 2008 Financial Report. He stated
staff would be providing a final report in the near future.
Reports and Staff Recommendations
9.1) Legislative Update
There were no comments.
Adiournment
Mayor Slavik adjourned the meeting at approximatelyA37 p.m.
Kimberly S.Ason, Deputy City Clerk
Adopted Council Minutes 5 of 5 Regular Meeting of April 14, 2009