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HomeMy WebLinkAboutCity Council Minutes 07-28-2009Adopted Minutes Regular Council Meeting July 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 July 28, 2009. COUNCIL; PRESENT: Mayor Slavik, Council Members Johnson, Black, Bildsoe, Willis, Murdock, and Stein. ABSENT: None. STAFF PRESENT: City Manager AYireris, City Attorney TKdautson, Park Director Blank, Administrative Services Director Portner, Police Chief Goldstein, Fire Chief Kline, Building Official Ryan, Finance Manager Bursheim, Communication Coordinator Vigoren, Captain Lindman, and City Clerk Engdahl. Plymouth Forum Amy Kytonen, 12615 54th Avenue North, and Deborah John, 12464 54th Avenue North, addressed the Council regarding late evening/early morning activities that have recently been occurring at the Bass Lake playfield area. They discussed the recent situation where a number of gun shots were fired at 2:45 a.m. They stated tensions have increased in the neighborhood, and the residents desire action by the City. This action could include installing motion lights in the parking lot, surveillance cameras, and trimming trees and bushes near the tennis courts to make the area not so sheltered. Mayor Slavik stated the Council is aware of the situation and the Police Department has increased the patrol efforts at this park. She also requested that residents contact the Police Department if they seesomething suspicious. She requested the Police Department to conduct a meeting with this neighborhood in the near future to discuss options. Presentations and Public Information Announcements 4.01) Proclaim August 4 as "Minnesota's Night to Unite" Captain Lindman reported on this year's event. Mayor Slavik proclaimed August 4 as "Minnesota's Night to Unite" 4.01.1) Accept Donation Adopted Minutes 1 of 7 Regular Meeting of July 28, 2009 Captain Lindman reported that Target would be donating $700 towards the City's annual "Night to Unite" neighborhood celebration. Motion was made by Councilmember Bildsoe and seconded by Councilmember Black, to adopt a Resolution Accepting a Donation in Support of "Night to Unite" (Res2009-170). With all members voting in favor, the motion carried. 4.02) Presentation of 2009 Environmental Champion Awards Communication Coordinator Vigoren, Environmental Quality Committee Vice Chair Pellinger, Councilmember Black, and Mayor Slavik presented the 2009 Environmental Champion Awards to Susan Hagen, Audrey and Paul Preus, Applied Graphics Associates, Honeywell Plymouth Operations, and Yoga Studio. 4.03) Agreement with Minnesota S.AF.E.R. and Accept Donation from the Plymouth Crime and Fire Prevention Fund Police Chief Goldstein reported on the proposed agreement with Minnesota Search and Find Emergency responders (S.A.F.E.R.) and the donation from the Plymouth Crime and Fire Prevention Fund for the purchase of an electronic tracking receiver. 1 Mario Cortolezzis, from Minnesota S.A.F.E.R. thanked the City for participating in this project. He explained how this program would work for children with special needs and older individuals. Motion was made by Councilmember Bildsoe and seconded by Councilmember Black, to adopt a Resolution Authorizing an Agreement with Minnesota S.A.F.E.R. to participate in their Program and Accept a Donation from the Plymouth Crime and Fire Prevention Fund towards the Purchase of an Electronic Tracking Receiver (Res2009-171). With all members voting in favor, the motion carried. Approval of Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to approve the agenda. With all members voting in favor motion carried. Consent Agenda Motion was made by Councilmember Bildsoe and seconded by Councilmember Johnson, to adopt the Consent Agenda that included the following items. 6.01) Special and Regular Council Meeting Minutes of July 14. Adopted Minutes 2 of 7 Regular Meeting of July 28, 2009 6.02) Resolution Approving Disbursements ending July 18, 2009 (Res2009-172). 6.03) Approve 2008 Community Development Block Grant Consolidated Performance and Evaluation Report for submission to the Department of Housing and Urban Development. 6.04) Resolution Extending Final Plat and Authorizing Amendment No. 2 to the Development Contract for Taryn Hills 3rd Addition (2006057-F — Res2009-173). 6.05) Forward written comments to the City of St. Louis Park on their 2030 Comprehensive Plan. 6.06) Resolution Authorizing a Deer Management Program for 2009 (Res2009-174). 6.107) Resoiutivii A1ijiluVing Pa meat No. 2 ail" llilal for the 2VV8 Traii I IVJect— Old AIW--V— Road (8112 — Res2009-175). 6.08) Resolution Approving a Transit Capital Financial Assistance Grant Agreement with the Metropolitan Council (Res2009-176). 6.09) Resolution Approving the Plans and Specifications and Ordering the Advertisement for Bids for the Four Seasons Well Facility Rehabilitation (7114 — Res2009-177). 6.10) Resolution Approving Payment for Gleanloch and Parkers Lake Playground Redevelopments (Res2009-178). With all members voting in favor motion carried. Public Hearings 7.1) Off -Sale 3.2 Liquor License Application for Holiday Stationstore No. 107, 3020 Fernbrook Lane City Clerk Engdahl reported on the request for an Off -Sale 3.2 Liquor License for Holiday Stationstore No. 107 at 3020 Fernbrook Lane. Mayor Slavik opened the public hearing. Mayor Slavik closed the public hearing. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to approve an Off -Sale 3.2 Liquor License for Holiday Stationstore No. 107 (Res2009-179). With 1 all members voting in favor but Black, the motion carried. i Adopted Minutes 3 of 7 Regular Meeting of July 28, 2009 General Business 8.1) Receive .and Accept 2008 Comprehensive Annual Financial Report Aaron Nielson from MMKR reported on the City's 2008 Comprehensive Annual Financial Report. He shared the results of the annual auditing process. Motion was made by Councilmember Black and seconded by Councilmember Johnson, to adopt a Resolution Accepting the 2008 Comprehensive Annual Financial Report and Audit (Res2009- 180). With all members voting in favor, the motion carried. 8.2) Violation of Stipulation Agreement for Linden Horse Farm, 520 Queensland Lane North Building Official Ryan reported on the 20006 court ordered stipulation ag-teemerit iat jdicki Linden, 520 Queensland Lane North, agreed to for the keeping of her horses and other property maintenance conditions specific to her property. He stated since that time, staff continues to receive complaints regarding the property and has repeatedly sent numerous default notices to Ms. Linden concerning stipulation violations encountered. Although she has been able to eventually correct the cited violations in time, she continues to exhibit difficulty in adhering to the stipulation conditions on a. consistent basis. 1 He stated Ms. Linden received a notice dated February 19, 2009 which stated that she violated the court order agreement (removal of manure on a daily basis and keeping the property free from junk materials and rubbish). Ms. Linden was assigned a compliance date of March 30. This deadline was extended to April 30 as she advised staff that she would be unable to remove the manure by that date. She indicated her truck had broken down and she was unsure when she would have funds to repair the vehicle, and she also didn't have funds to have the manure hauled out by a contractor. Staff performed another inspection on May 7. The manure still hadn't been removed from the property. Some of the rubbish had been removed but not all, and she would need to seed the back portion of the lot. Due to Ms. Linden being in default of the stipulation agreement, the next step is whether the Council considers her to be in default of the agreement. He stressed that staff is only asking Ms. Linden to comply with the agreement, not to cease her horse operation. Councilmember Willis asked if the manure had been removed recently. Building Official Ryan replied that yesterday the manure was being placed into a dump truck, so it appears Ms. Linden is in the process of removing the manure. Councilmember Johnson asked if it's the City's responsibility to act on complaints and to be fair and objective. Building Official Ryan replied that staff is obligated to respond to and investigate any complaints. Adopted Minutes 4 of 7 Regular Meeting of July 28, 2009 Councilmember Bildsoe asked what led up to this evening's process. Building Official Ryan stated there were multiple complaints regarding the condition of Ms. Linden's property as well as staff's efforts to get the property cleaned up. Councilmember Bildsoe asked if both parties, Ms. Linden and the City, agreed to and signed the court ordered stipulation agreement. Building Official Ryan replied yes. Councilmember Bildsoe asked about the vegetation in the rear yard. Building Official Ryan stated staff was initially concerned about erosion in this area, but that no longer is a concern as since that time, there has been vegetation. Councilmember Johnson confirmed that this is a permitted use of this property that has been grandfathered in, but it's just the conditions of the stipulation agreement that the City is trying to get compliance. Building Official Ryan replied that is correct. Councilmember Johnson stated that people need to understand it's an issue of compliance. The Council values and respects property rights, but there needs to be responsibility for the care and condition of the property. Councilmember Stein asked if the horses were there prior to the adjacent residential development. Building Official Ryan replied yes. He explained that previously there were two parcels that Ms. Linden was in control of, and there were up to 20 horses. The parcel to the south was sold, and 13 of those horses were then relocated onto her current property. Councilmember Stein asked how many complaints there have been in the last three years. Building Official Ryan replied approximately 12 complaints were received during that time. City Manager Ahrens stated that the issues that the Council is addressing this evening and still exist, started with the notice on February 19, 2009. On at least two occasions, Building Official Ryan and Community Development Director Juetten met with Ms. Linden regarding the violations. This could've been presented to the Council much earlier; however, staff was trying to give every effort for her compliance. Mayor Slavik called on Vicki Linden, 520 Queensland Lane North. She requested Ms. Linden to explain what her plan of action is to correct the violations. Ms. Linden explained that she is doing the best she can as a single business woman. She stated her father passed away in 1999, and she then took ownership of the property and tried to clean up what he left behind. She noted that there were issues between the City and her father. She stated when her horse business became successful, and as people moved in, the definitions of the stipulation agreement got a little blurry for her. She stressed that what the City and/or neighbors consider junk isn't always junk. She referred to some photographs taken of her property where there was an older water trough, building materials outside the storage shed, manure piles, barrels, etc. and why those items are still there. She stated she has changed the bedding for the j horses in order to eliminate piles and odor. She constructed horse stalls inside her barn so the Adopted Minutes 5 of 7 Regular Meeting of July 28, 2009 horses were not running free on her property. She no longer feeds the horses the round hay bales which has eliminated odor from the hay laying on the ground. She noted her equipment problems (transmission going out in her truck) which caused delays, diagnosis of medical condition, and her mortgage payment increasing substantially. She stated she would like to know who complained about her property so she could speak to those individuals directly. As of today, she has no manure in the bunker, the brush is ready to be hauled, dirt has been spread in her ring, and the material behind her barn is being moved. She stated she was recently hospitalized with E Coli for a week and couldn't work for six months. She stressed that these medical conditions have attributed to her accomplishing tasks much slower. Councilmember Bildsoe and Johnson received confirmation from Ms. Linden that the manure was removed today by people who volunteered to assist her, the brush is ready to be hauled off site as soon as the compost site is open, the building materials would be moved inside, and other miscellaneous items would be moved to inside storage. Tim asked about materials for building outside. Linden stated she could move that material inside the building. Motion was made by Councilmember Bildsoe and seconded by Councilmember Stein, to continue this hearing to the September 8 Council meeting which would allow Ms. Linden to finalize the cleanup and for staff to conduct a re -inspection of the property in 30 days. Councilmember Bildsoe commented that given the level of support that Ms. Linden has from friends and customers, the City shouldn't receive any future complaints regarding violation of the stipulation agreement. Mayor Slavik added that the City wants Ms. Linden to succeed, and unfortunately, this was turned into a bigger issue than it should have, as there were other avenues for Linden prior getting to this level. Lastly, the City has the obligation to inspect all complaints. There being no further discussion and with all members voting in favor, the motion carried. Penny Feltl, 5140 Hooper Lake Road, stated unfortunately this issue escalated, and she asked if any of the Councilmembers looked at Ms. Linden's property or were familiar with horse farms. She also noted that the property adjacent to Ms. Linden's is horse property, and their manure pile is three times bigger than as Ms. Linden's. Councilmember Johnson stated that Ms. Linden didn't invite her to view her property as this is private property. However, this issue has been resolved this evening. Mayor Slavik stated that many of the Councilmembers are familiar with horse farms. The Council is responding to violations regarding the court ordered stipulation agreement the issue was the accumulation of the manure that was required to be removed according to the stipulation order. Adopted Minutes 6 of 7 Regular Meeting of July 28, 2009 Mary Ann Murphy, 90 Holly Lane North, requested that the City hire an ombudsman that could assist with the re -inspection of Ms. Linden's farm. She stated this isn't the only horse farm in the City so there could be future issues whereby an ombudsman could be an asset. The Council took a five minute recess. 8.3) Revisions to City's Policy Relating to Accepting Private Streets into City Street System Public Works Director Cote reported on the proposed revisions to the City's Policy Accepting Private Streets into the City Street System. Following a few recommended wording changes to the policy by Councilmember Willis, a motion was made by Councilmember Black, and seconded by Councilmember Johnson, to adopt a Resolution Amending Policy Relating to Accepting Private Streets into City Street System and Approving Agreement Reaming Transfer of Certain Improvements between Homeowner's Association and City of Plymouth and Public Improvement and Special Assessment Ajareement with requested changes to the proposed policy (Res2009-181). With all members voting in favor, the motion carried. Adjournment Mayor Slavik adjourned the meeting at 9:00 p-nV gandra R. Engdahl, Ci Clerk Adopted Minutes 7 of 7 Regular Meeting of July 28, 2009