HomeMy WebLinkAboutCity Council Minutes 04-28-2009Adopted Minutes
Regular Council Meeting
April 28, 2009
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 April 28, 2009. Troop 283 led
everyone in the Pledge of Allegiance.
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,
Public Works Director Cote, Community Development Director Juetten, Park and Recreation
Director Blank, Administrative Services Director Portner, Senior Planners Drill, Darling, and
Doty, Planning Manager Senness, Assistant City Engineer Renneberg, Utilities Superintendent
Newberger, and City Clerk Engdahl.
Plymouth Forum
John Paul Yates, from Congressman Erik Paulsen's office, explained the services that they
provide, and they encouraged residents to contact them.
Joe Quinn, 14700 43rd Avenue North, and Brian Ferro, 14715 43rd Avenue North, residents of
the Kingsview Heights neighborhood, addressed the Council on the need to repair their street
this project was rejected on April 14 as part of the Kingsview Heights/Circle Park neighborhood
2009 street reconstruction project). They are requesting a project this summer due to the
following concerns:
1. Financial benefit to pay less now, but more in the future.
2. The roads are in need of major repair.
3. Request the City to consider alternative financing options (possibly deferring costs for a
year or lengthening the financing to a 15 year period).
4. The project would enhance the beauty of their neighborhood.
5. Delaying this project and combining it with a project involving the neighborhood to the
north would cause greater traffic disruption and more safety concerns.
They stated that intend to go door-to-door with a petition that would be submitted to the City by
May 10.
The Council stated under Approval of Agenda, they would add discussion on this item under
General Business as item No. 8.01.
Adopted Council Minutes 1 of 7 Regular Meeting of April 28, 2009
Presentations and Public Information Announcements
4.01) Presentation by Plymouth Senior Council
Plymouth Senior Council President Wes Clemens presented the 2008 Annual Report from the
Plymouth Senior Council. He presented a donation to the City in the amount of $725.
4.02) Presentation of GFOA Award
Administrative Services Director presented the annual GFOA Award to the Council.
Approval of Agenda
The Council added discussion of the Kingsview Heights neighborhood request as item No. 8.01
and setting future study sessions as item No. 8.2 under General Business.
Motion was made by Councilmember Bildsoe; and seconded by Councilmember Johnson, to
approve the amended agenda. With all members voting in favor, the motion carried.
Consent Agenda
Motion was made by Councilmember Black, seconded by Councilmember Johnson, to adopt the
Consent Agenda that included the following items:
6.01) Minutes from the Special Council Meetings of April 7 and April 21, Board of Appeal and
Equalization Meetings of April 7 and April 21, and Regular Council Meeting of April 14.
6.02) Resolution Approving Disbursements for Period ending April 18, 2009 (Res2009-100).
6.03) Resolution Accepting Donation of $1,500 of Building Materials from Home Depot
through the Plymouth Crime and Fire Prevention Fund (Res2009-1 0 1).
6.04) Resolution Approving Plans and Specifications for Pike Lake Lift Station (8114 -
Res2009-102).
6.05) Resolution Approving Payment No. 7 and Final Deep Well No. 16 Well Drilling (7114 -
Res2009-103).
6.06) Resolution Receiving Report and Ordering Improvement and Preparation of Plan and
Specifications for the Four Seasons Well Rehabilitation and Raw Water Main (7114 - Res2009-
104).
6.07) Resolution Approving Payment No. 2 and Final for Highway .55 Culvert Replacement
Adopted Council Minutes .2 of 7 Regular Meeting of April 28, 2009
Project (7138 - Res2009-105).
6.08) Resolution Approving Acquisition of 5815 Juneau Lane for the Northwest Greenway
Res2009-106).
6.09) Resolution Approving Lease with New Cingular Wireless PCS, LLC to Mount
Telecommunications Equipment on Water Tower located at 4000 Highway 101 (Res2009-107).
6.10) Resolution Awarding Contract for the 2009 Sanitary Sewer Lining Project (9103 —.
Res2009-108).
6.11) Accept 2008 Annual Report and 2009 Work Plan from the Plymouth Advisory
Committee on Transit.
6.x2) Accept 2vvcQi Sviid Waste Aiuivai Report `liiid the 2009_2010 Recycling Program
Education Work Plan.
Motion carried to approve the Consent Agenda.
Public Hearings
7.1) Wine and 3.2 Liquor Licenses for Solo's Pizza Caf6, d/b/a Solo's Pizza Caf6, 2700
Annapolis Circle
City Clerk Engdahl reported on the application of Solo's Pizza Cafe, d/b/a Solo's Pizza C66 for
Wine and 3.2 Liquor Licenses.
Mayor Slavik opened the public hearing.
Mayor Slavik closed the public hearing.
Motion was made by Councilmember Willis and seconded by Councilmember Bildsoe, to adopt
a Resolution Approving On -Sale 3.2 Liquor and Wine Licenses for Solo's Pizza Cafe, d/b/a
Solo's Pizza Cafe 2700 Annapolis Circle, Suite K (Res2009-109). With all members voting in
favor, the motion carried.
7.2) Wine and 3.2 Liquor Licenses for India Palace Plymouth Inc. d/b/a India Palace
Restaurant, 4190 Vinewood Lane North, No. 120
City Clerk Engdahl reported on the application of India Palace Plymouth Inc. d/b/a India Palace
Restaurant for Wine and 3.2 Liquor Licenses.
Mayor Slavik opened the public hearing.
Mayor Slavik closed the public hearing.
Adopted Council Minutes 3 of 7 Regular Meeting of April 28, 2009
IMotion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt
a Resolution Approving On -Sale 3.2 Liquor and Wine Licenses for India Palace Plymouth Inc.
d/b/a India Palace Restaurant, 4190 Vinewood Lane North, No. 120 (Res2009-110). With all
members voting in favor, the motion carried.
7.3) Project Hearing for 36th Avenue Street Reconstruction Project (8104)
Public Works Director Cote reported on the proposed street reconstruction project for 36th
Avenue.
Mayor Slavik opened the public hearing.
Ray Costello, 15600 35th Avenue, stated the access to their business is via the Cub Foods
driveway that exits ^vitt^v 36th Avenue. They have 10 direct access tw 36th Aiyenue but `.Xlw d be
assessed, and in the future if 35th Avenue is reconstructed, they would be assessed again.
Greg Sovich, 15600 35th Avenue, stated he's in the same situation as Mr. Costello. He stated the
traffic on 36th Avenue comes from the library, Cub Foods, and LifeTime Fitness. Their property
taxes should cover these road repairs.
Joe Cavanaugh, 3545 Plymouth Boulevard, Suites 213 and 215, stated their businesses front
Plymouth Boulevard, and they don't even use 36th Avenue as an access. He agreed that 36th
Avenue is used for Cub, LifeTime, and the Library. He stated this project isn't going to increase
the value of their property. Currently, their property is worth $100,000 less than what they paid
for it.
Mayor Slavik closed the public hearing.
Public Works Director Cote explained how the street assessments are calculated. Mayor Slavik
also explained the differences between various cities and how their projects are assessed to the
residents.
Motion was made by Councilmember Willis, and seconded by Councilmember Black, to adopt a
Resolution Ordering Improvement and Preparation of Plans and Specifications for the 36th
Avenue Street Reconstruction Proiect (8104 — Res2009-111). With all members voting in favor,
the motion carried.
General Business
8.01) Kingsview Heights Neighborhood
Councilmember Johnson stated she recently attended a neighborhood meeting for the Kingsview
Heights area. The residents desire an indication from the Council that if they go door-to-door
with a petition, and 35% of the property owners sign the petition, would the Council support the
Adopted Council Minutes 4 of 7 Regular Meeting of April 28, 2009
project. She explained that a petition with 35% of the property owners supporting would only
require four votes of the Council for approval. She stated the residents are also requesting
consideration of a one year finance option with zero percent interest which would make the
burden easier for the residents due to the state of the economy. Their goal is to secure the
required signatures by May 10, and if the Council would approve the project, the project could
be completed this year.
Public Works Cote stated with the May 10 deadline for submittal of the petition, staff would
compress the schedule. The project hearing would be held in June with construction to start in
July. More than likely, the final lift of asphalt wouldn't occur until 2010. Therefore, the
assessments wouldn't be prepared until 2010, and not collected until 2011 which would
accomplish the one year delay that the residents are requesting. However, depending on the
contractor, the project could be completed this year.
Counciliueraber BiidSoe stated that he doesn't support deviating uom the Cit<,'s ---
assessment policy for special financing options. He also requested that at least 50% of the
property owners sign the petition.
Councilhnember Johnson asked if the Council would be interested in amending the special
assessment policy for a 15 -year payback versus the 10 -year payback. The residents would still
have the option of paying off the assessments in 10 years. This could vary by resident depending
on their situation.
Councilmember Black stated she would be open to discussing the assessment policy.
Councilmember Bildsoe stated he would consider amending the assessment for all projects in the
City, but in 2010.
Mayor Slavik stated she wouldn't support any special financing options, and she requested that
there be more than 35% of the property owners who sign the petition. Regarding the special
assessment policy, the Council needs to be consistent and can't start "picking and choosing" who
has a hardship.
8.1) Annual Update of the City Code and Zoning Ordinance (2008076)
Senior Planners Drill, Darling, and Doty highlighted some specific areas of the proposed
revisions including tree preservation, impervious surface coverage, and design standards for
townhouses.
Councilmember Willis requested additional information, i.e. table of the present and proposed
impervious surface coverage regulations by zoning class. He stated is concerned about building
mass on smaller platted lots, and his concern is that if the City permits a higher percent of
coverage, there would still be residents who desire to expand their home and then potentially be
above 30% impervious surface area. He is also concerned about the aesthetics of the
neighborhood.
1
Adopted Council Minutes 5 of 7 Regular Meeting of April 28, 2009
Councilmember Willis stated he could support the proposed architectural standards for new
townhouse developments. However, regarding the tree ordinance, there should be further
discussion, and the current property owners should be informed if their trees are on the "natural
resources inventory." Therefore, he suggested that approval of the zoning ordinance
amendments be tabled so the Council could obtain further information from staff and discuss it
further.
Dave Gonyea, from Gonyea Company, voiced his opposition to the proposed revisions to the tree
ordinance. He stated one area in particular that they are looking to redevelop, they could only
remove 30% of the trees as that property is included in the "Natural Communities" as identified
in the City's 2006 Natural Resources Inventory. Even with the current regulation of only
removing 50%, it's difficult to develop larger lot developments. This is a big impact for
developers.
Shawn and Steve Taylor, 5550 Vicksburg Lane, stated they were concerned that they weren't
notified of this meeting and that their property/tree area was included in the City's Natural
Resources Inventory. They stated they are working with the Gonyea Company in redeveloping
the property with bigger lots and homes rather than a townhome development. Gonyea would be
preserving 57% of the trees; however, with the proposed ordinance, they wouldn't be in
compliance.
David Schwantes, 5336 Vicksburg, stated he also wasn't informed of this meeting until today.
He applauds the City's efforts to save .trees; however, he requested that the City Forester walk
his property to discuss the quality of the tree inventory. He stated going from 50% to 30% could
be a little excessive.
Edward Svetc, 5330 Vicksburg Lane, stated he has lost 240 trees from oak wilt. He requested
that property owners be allowed to redevelop their properties. In addition, the City Forester
should review the inventory.
Bruce Banister, 5340 Vicksburg Lane, stated he doesn't understand why we would place value
on a small pocket of oak trees that he own as this tree area doesn't need to be saved.
Jake Walesch, from the Gonyea Company, stated they work with City staff when they submit
redevelopment plats based on the City's criteria. He stated they would continue to work with the
City with whatever regulations are in place. Who is at harm with the new proposed regulations
are the property owners in the City.
Motion was made by Councilmember Johnson and seconded by Councilmember Murdock, to
place this item on the agenda for the May 12 Special Meeting at 5:30 p.m. With all members
voting in favor, the motion carried.
The Council directed staff to provide additional information on the proposed tree preservation
requirements and impervious surface coverage requirements.
Adopted Council Minutes 6 of 7 Regular Meeting of April 28, 2009
8.2) Set Study Sessions
The Council deleted the review of the Dial -a -Ride system for the May 12 Study Session. This
item would be on a regular Council meeting agenda.
Reports and Staff Recommendations
9.1) Legislative Update
Mayor Slavik discussed the Municipal Legislative Commission's meeting that was held with the
Governor today.
9.2) Challenge from the City of Osseo regarding "Step to it Program"
The Council accepted the "Step to it Program" challenge from the city of Osseo. Mayor Slavik
invited everyone to join her for the kickoff for this event on May 18 at the Plymouth Creek Park.
Adiournment
Mayor Slavik adjourned the meeting at approxi ately 9:15 p.m.
Sandra R. Engdahl, dity Cl rk
Adopted Council Minutes 7 of 7 Regular Meeting of April 28, 2009