HomeMy WebLinkAboutCity Council Minutes 06-09-2009Adopted Minutes
Regular Council Meeting
June 9, 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 June 9, 2009.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Johnson, Black, Bildsoe, Willis,
Murdock, and Stein.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Public Works Director Cote,
Community Development Director Juetten, Parks and Recreation Director Blank, Administrative
Services Director Portner, Deputy Police Chief Plekkenpol, Fire Chief Kline, Reconstruction
Program Manager Paumen, Engineer Payne, and City Clerk Engdahl.
Plymouth Forum
There was no one present to speak at the forum.
Presentations and Public Information Announcements
4.01) Presentation by County Commissioner Jeff Johnson
Commissioner Johnson announced that he's the new County Commissioner for District 7 that
represents a portion of Plymouth. He requested individuals to contact him with any issues or
concerns.
4.02) Announcement of 5K Run on June 27 and Music in Plymouth on July 1
Members of the Plymouth Civic League reported on the 5K run on June 27 and the Music in
Plymouth on July 1.
4.03) Oath of Office of Firefighter Sean Watson
City Cleric Engdahl administered the Oath of Office to Firefighter Sean Watson.
4.04) Recognition of Achievement of Matt Ferro
The Council recognized Matt Femo, who recently graduated from Wayzata High School, on a
public safety video announcement on seat belt usage. This video placed first in a recent
competition.
Adopted Council Minutes 1 of 8 Regular Meeting of June 9, 2009
4.05) Announcement of Water Restrictions
Mayor Slavik reported on the City's water restrictions from May 1 through September 30.
Councilmember Black announced that farmers markets will start this Saturday in the City of
New Hope. The weekly event will be held in the Kmart parking lot.
Approval of Agenda
Mayor Slavik added setting future study sessions as item No. 8.1 under General Business.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black to
approve the amended a egnda. With all members voting in favor, the motion carried.
Consent Aeenda
Item No. 6.11 was removed from the Consent Agenda and placed just prior to Public Hearings as
item No. 7.05.
Motion was made by Councilmember Bildsoe seconded by Councilmember Johnson, to adopt
the amended Consent Agenda that included the followingitems: ems:
6.01) Minutes from the Special and Regular Council Meetings of May 26, 2009.
6.02) Resolution Approving Disbursements for Period Ending May 30, 2009 (Res2009-134).
6.03) Resolution Authorizing "No Parking" 30 feet each Side of the Driveway Entrance at
1040045 th Avenue (Res2009-135).
6.04) Ordinance Amending Chapter 14 of the Plymouth City Code regarding Maintenance and
Use of Parkers Lake Cemetery (Ord2009-09).
6.05) Resolution Accepting Utilities for Continual Maintenance for Wood Crest of Plymouth
2008042 - Res2009-136).
6.06) Resolution Approving Contract for Paving of Park Trails (Res2009-137).
6.07) Resolution Approving the Institutional Community Work Crew Program for 2009-2011
Res2009-138).
6.08) Resolution Approving Assignment of Election Equipment Contract with Hennepin
County (Res2009-139).
6.09) Resolution Approving Purchase of Scoreboards for Zachary Playfield (Res2009-140).
Adopted Council Minutes 2 of 8 Regular Meeting of June 9, 2009
6.10) Resolution Awarding the Contract for the 2009/2010 Property and Casualty Insurance to
the League of Minnesota Cities Insurance Trust (Res2009-141).
6.11) (This item was removed from the Consent Agenda and placed just prior to Public
Hearings as item No. 7.05).
Motion carried to approve the Consent Agenda.
7.05) Authorizing Staff to Negotiate a Contract for Consultant Assistance with the Energy
Efficiency and Conservation Block Grant Program
Community Development Director Juetten discussed the Energy Efficiency and Conservation
Block Grant Program that is being funded through Federal stimulus funds. The City was
allocated $707,200 for this program. The allocated funds would be leveraged into larger capitol
energy savings projects. In order to receive the proposed funding, the City would need to make
application. Up to $250,000 of the award funding would be used for development of the grant
application. Staff interviewed two firms for consultant assistance with this program—Ameresco
and McKinstry. Each firm completed a preliminary energy audit, which included an inspection
of the City's major public facilities (City Hall/Public Safety, Plymouth Creels Center/Fieldhouse,
Maintenance Building, Ice Center, and Fire Stations) and a review of the City's utility bills to
determine potential energy savings projects. Based upon the interviews, staff is recommending
McKinstry as they provided more detailed analysis of the information obtained from the City,
they recognized some key energy deficiencies that staff also identified, and they are also
currently working with other similar sized metro area suburbs.
He stated that the City would pay for the capital improvements with stimulus funds, and the
energy savings gained on utility bills from the improvements would pay for consultant fees over
time. The consultant would complete a post project reconciliation, which would analyze the
utility bills from the capital improvements that were constructed, and they would pay the City if
the energy savings didn't cover their consultant fees.
Greg Ackerson, from McKinstry, gave an Energy Stimulus Grant presentation.
Motion was made by Councilmember Black and seconded by Councilmember Stein, to adopt a
Resolution Authorizing Staff to Negotiate a Contract for Consultant Assistance with the Energy
Efficiency and Conservation Block Grant Program (2009020 – Res2009-142)..
Mayor Slavik and Councilmember Black stated they are only interested in the $707,200 project
utilizing stimulus funds, and they wouldn't support spending additional funds.
With all members voting in favor, the motion carried.
Public Hearings
7.1) Project Hearing for Street Reconstruction Project 9113 (Cimarron Ponds)
Adopted Council Minutes 3 of 8 Regular Meeting of June 9, 2009
Reconstruction Program Manager Paumen provided a presentation on the proposed project. He
stated if the project is ordered, construction would begin in August and completed by mid
October.
Mayor Slavik opened the public hearing.
Bill Miller, 1181 Yuma Lane, stated with the state of the economy, he feels this project isn't
necessary. He indicated that he recently received a bid of $155,000 from a contractor to repair
curbs and gutters and to apply a two-inch overlay. This would be a cheaper option for residents.
He stated with the petition that has circulated within the past two months, there are 114 residents
who are opposed to the project, with 93 of those residents who had signed the petition in 2005.
Sandie Larson, 1240 Black Oaks Lane, stated the reason for the City in doing this project is
because of the 2005 petition. However, 10% of the 81% of the property owners who had signed
that petition are new property owners. She disagrees that the project will increase the market
values of their properties. She requested that the Cimarron Ponds residents also pay 40% of the
project cost, the same as the 10th and 12th Avenue residents, if this project is approved.
Frank Hartranft, 16110 12th Avenue North, stated a recent petition indicates that 85% of the
residents on the north side of 12th Avenue are opposed to this project. He stated the roads don't
need to be reconstructed. Their driveways are in worse shape than 12th Avenue. The curb and
gutters were in great shape until damage that was caused by an engineering firm. Due to the
state of the economy, the residents can't afford this project.
Don Sjostrom, 959 Zanzibar Lane, stated the streets need to be improved in the near future. He
understands that times are tough, but this is the best bidding environment for projects. Many of
the residents who signed the petition in 2005 still support the project.
Ken Iverson, 1021 Xene Lane, agreed with Mr. Sjostrom that the project is needed, and this is a
great time to bid a project. He and all of his neighbors support the project.
Martha Dusa, 1055 Xene Lane, requested that the Council order this project as this is a great
time to bid a project.
Danna Smishek, 960 Zanzibar Lane North, indicated her support for the project. She was
approached in 2005 to sign the petition. She stated no one has approached her recently on
whether she's for or against the project. She stressed that the streets are in disrepair, and she
commented that there are six potholes in front of her home.
Duane Suest, 1171 Black Oak Lanes, asked if 10th and 12th Avenues are already the City's
responsibility, and the cul-de-sacs are the association's responsibility. He stated the association
could have the cul-de-sacs resurfaced at $700 per unit as they aren't in that bad of shape and
either are the curbs and gutters. He stated he didn't sign the 2005 petition, but he didn't realize
that the drainage improvements were the City's responsibility. He asked if they would be
assessed for surfacing if only the 10th Avenue and 12th Avenues were reconstructed. He recently
1 signed a petition to have the 2005 petition voided.
Adopted Council Minutes 4 of 8 Regular Meeting of June 9, 2009
John Milnes, 1090 Weston Lane, stated the condition of the cul-de-sacs is terrible. He noted that
people went door to door recently, but it wasn't a petition. He stated there are currently 226
property owners in Cimarron Ponds, and in four years, it wouldn't be unusual for there to be 19
different owners. Residents in Cimarron East had their streets reconstructed eight years ago, and
the values of their properties increased $8,000 to $10,000. He stated there are many property
owners that are hoping for this to proceed to increase the values of their properties. He noted
that timing is a factor.
Debe Marofsky, 16120 12th Avenue North, stated her street is in good shape. She stated she
wasn't informed about this project until three to four weeks ago. She disagreed that this
improvement would increase the values of their properties.
Tom Johnson, 28125 Woodside Road, stated he is a descendant of one of the original property
owners in Cimarron Ponds, and presently he is the landlord. He stated his issue is with the recent
petitions that have been circulated. Being a landlord, he hasn't been privy to any of the petitions.
Mayor Slavik closed the public hearing.
In response to questions, Public Works Director Cote stated 10th and 12th Avenues are City
owned and maintained streets. The cul-de-sacs are private streets. Residents petitioned for the
reconstruction of the streets so that the City would assume the maintenance of the streets versus
the homeowners association. According to the Special Assessment Policy, assessments rates are
l 70% for the private streets and 40% for the public streets.
Regarding whether the market value of properties would increase in relation to the assessment,
Mayor Slavik stated the City substantiates the State Statute that the market values would
increase. She noted with the current economic climate, the market values may not decrease as
much than if the streets weren't improved.
Public Works Director Cote discussed the terms of the assessments. For the properties on l Ott,
and 12th Avenues, those assessments would be placed on properties over five years, while the
assessments for the cul-de-sacs would be placed on properties over 10 years. The interest rate is
simple interest, not compound.
He also stated regarding an engineering firm being in this area to perform any work that
would've damaged the curbs and gutters, that allegation would be investigated as staff is
unaware of any engineering activity in this area other than to collect soil borings.
Mayor Slavik commented regarding Mr. Miller obtaining an estimate from a contractor to
resurface the cul-de-sacs. She stated since these are private streets, the homeowners association
has always had the opportunity to perform that work. For many years, these streets have been in
disrepair, but the City is now being asked to perform the work and take over the maintenance of
those streets. That isn't part of this project, and the City wouldn't use tax dollars to perform that
work. If the project isn't approved this evening, the homeowners association would have the
ability to do that project and be responsible for the maintenance of those streets.
Adopted Council Minutes 5 of 8 Regular Meeting of June 9, 2009
Public Works Director Cote discussed how the proposed assessments were calculated. He stated
in response to the question why the City feels the cul-de-sacs need total reconstruction, those
streets currently don't meet City standards. They are private streets not constructed to City
standards. The City would also be responsible for upgrading the utilities. The utilities underlie
the common areas and have been owned and maintained by the City since the platting of the
property.
In response to the question raised as to why the cul-de-sac properties couldn't be assessed at
40%, the same as l Ota' and 12th Avenue properties, rather than 40%, Mayor Slavik stated City
taxpayers are paying 30% to upgrade substandard streets that have been private streets.
Councilmember Stein asked what the life expectancy would be for mill and overlays on 10th and
12th Avenues. Public Works Director Cote replied approximately 15 to 20 years.
Councilmember Johnson asked when residents on l Ott, and 12th Avenues were notified of this
project. Public Works Director Cote replied correspondence was sent in January notifying
property owners that this project would be proceeding through the process, and that was
followed by the legal notification process.
Councilmember Bildsoe asked if the homeowners association has set aside funds for street
improvements that could offset all the improvements that are being proposed.
Mr. Miller stated the residents could pay for mill and overlay improvements out of the
association's dues.
Mr. Sjostrom stated there are no specific funds set aside for the road improvements.
Councilmember Black stated perhaps they could rebate some of the homeowners association's
funds to assist with the assessments on the cul-de-sacs.
Motion was made by Councilmember Johnson and seconded by Councilmember Bildsoe, to take
no action on this project.
Councilmember Johnson stated by not supporting this project at this time, she is'trying to be
consistent with her voting record in relation to other recent street projects, due to the current state
of the economy.
Councilmember Bildsoe stated for a percentage of what the homeowners association has in their
bank account, they could repair these streets, which would save taxpayers 30% of the project
costs. It would also save the expense for those property owners on 10th and 12th Avenues who
don't support the project.
Councilmember Stein agreed and stated he would've preferred that the homeowners' association
board would've taken a new petition to let the Council know how many residents supported the
street project. He stated the Council tries not allow private streets anymore, and the City owes it
Adopted Council Minutes 6 of 8 Regular Meeting of June 9, 2009
to the residents to take over the roads. However, the Council can't determine how many
property owners support the project.
Councilmember Murdock stated she understands that these are difficult economic times.
However, from the emails that she received regarding this project, the majority of the residents
supported the project. She stated this is a good bidding environment, and she supports
proceeding with this project.
Councilmember Black asked how many watermain breakages staff has had in this area. Public
Works Director Cote replied not a significant number. He noted there are unique soil conditions
in this area, especially under l Oar and 12th Avenues.
Councilmember Black agreed that the majority of the emails that she received were from
residents who supported the project. She also agreed that private streets are a problem. She
stated the Council should proceed with the project, but this is also something that the
homeowners association could do.
Councilmember Willis stated prior to the public hearing this evening, he was prepared to support
the project. He stated he was surprised to see that there weren't more residents present. He
noted that Mr. Miller received a great bid to resurface the cul-de-sacs. He stated someday the
residents of Cimarron Ponds will regret that the cul-de-sacs aren't public streets, but that will be
a burden that someone else will have to address. The current street reconstruction policy could
change in the future, and there might not be an option to make those streets public.
Mayor Slavik stated she would support the motion even though the City could've taken
advantage of a good bidding environment. She requested reassurance from the homeowners
association that they have funds to mill and overlay the streets.
Councilmember Johnson stated she would be willing to review a new petition, especially if the
homeowners association doesn't have adequate funds for the resurfacing of the cul-de-sacs.
There being no further discussion and with all members voting in favor but Murdock, the motion
carried.
General Business
8.1) Set Study Session
The Council scheduled a Study Session on July 14 at 5:30 p.m., for the purpose of meeting with
the auditors.
Adopted Council Minutes 7 of 8 Regular Meeting of June 9, 2009
J
Reports and Staff Recommendations
There were no Reports and Staff Recommendations.
Adjournment
Mayor Slavik adjourned the meeting at 9:48 p.m.
andra R. Engdahl, Cit Jerk
Adopted Council Minutes 8 of 8 Regular Meeting of June 9, 2009