HomeMy WebLinkAboutCity Council Minutes 11-24-2009Adopted Minutes
Regular Council Meeting
November 24, 2009
Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:05 p.m. in the
Council Chambers of City Hall, 3400 Plymouth Boulevard, on November 24, 2009.
COUNCIL PRESENT: Mayor Slavik, Council Members Bildsoe, Johnson, Murdock, Willis,
Black, and Stein.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, City Attorney Poehler, Park Director Blank,
Administrative Services Director Portner, Community Development Director Juetten, Fire Chief
Kline, Police Chief Goldstein, Public Works Director Cote, Senior Planner Doty, Assistant City
Engineer Renneberg, Human Resources Manager Sobania, Housing Programs Manager Barnes,
and City Clerk Engdahl.
Plymouth Forum
No one was present to address the Council.
Presentations and Public Information Announcements
Jim Grube, member of the Executive Board of Minnesota Public Works Association, announced
that Public Works Director Cote recently received the Public Works Director of the Year Award
for 2009.
Park Director Blank announced the annual Old Fashioned Christmas to be held on December 6 at
Plymouth Creek Park.
Approval of AP enda
The proposed cost sharing agreement with the Metropolitan Council Environmental Services for
the Elm Creek Interceptor was added as item No. 8.2 under General Business. Mayor Slavik
announced that following the Council meeting, the Council would be conducting an Executive
Session with the City Attorney to discuss litigation.
Motion was made by Councilmember Bildsoe and seconded by Councilmember Stein, to
approve the amended agenda. With all members voting in favor motion carried.
Adopted Minutes 1 of 8 Regular Meeting of November 24, 2009
Consent AP enda
Motion was made by Councilmember Bildsoe and seconded by Councilmember Willis, to adopt
the Consent Agenda that included the followingitems: tems:
6.01) Regular and Special Council Meeting Minutes of November 10.
6.02) Resolution Approving Disbursements ending November 14, 2009 (Res2009-280).
6.03) Ordinance Amending Section 1015 of the City Code relating to Fireworks Display
Permits (Ord2009-19).
6.04) Resolution Approving Acceptance of Donation from the Minnesota Department of Labor
and Industry for the Purchase of a Thermal Imaging Camera for the Fire Department (Res2009-
281).
6.05) Resolution Receiving Engineering Proposals and Designating the Engineer for the
Plymouth Creek Stream Bank Restoration Project (8128 - Res2009-282).
6.06) Resolution Approving Request for Payment No. 2 and Final for the 2009 Sanitary Sewer
Lining Project (9103 — Res2009-283).
6.07) Resolution Accepting Streets for Continual Maintenance for Spring Arbor (2007002 —
Res2009-284).
6.08) Resolution Authorizing Execution of Agreement with the Minnesota Department of
Public Safety for its Annual Operation Night CAP Project (Res2009-285).
6.09) Resolution Amending Section 3 of the City Personnel Policy, Removing Tuition
Reimbursement (Res2009-286).
6.10) Resolution Approving 2010 Pay and Compensation Plans (Res2009-287).
6.11) Resolution Amending the Employee Recognition and Incentive Program Policy (Res2009-
288).
6.12) Resolution Approving the 2010 Pay Schedule for Members of the Plymouth Fire
Department and Authorizing Reimbursement of One -Half the Disability Insurance Premium to
the Fire Relief Association (Res2009-289).
6.13) Resolution Approving the 2010 Monthly Contribution to Health and Dental Insurance,
Deferred Compensation and VEBA Trust Contributions for Non -Represented City Employees
i (Res2009-290).
Adopted Minutes 2 of 8 Regular Meeting of November 24, 2009
6.14) Resolution Amending Section 3 of the Personnel Policy Removing Payment for a Salary
Differential for Military Leave after 2010 (Res2009-291).
With all members voting in favor motion carried.
Public Hearings
7.1) Modifications of Development Program for Development District No. 7 and Tax
Increment Financing District 7-6 and Redevelopment Plan for Redevelopment Project Area
Number 1 and Tax Increment Financing District 1-1
Housing Programs Manager Barnes reported on the proposed modifications to the Tax Increment
Financing Plan (TIF) for TIF District 7-6 and the TIF Plan for TIF District 1-1.
Councilmember Willis questioned the necessity of this request. After funds are taken out for
affordable housing that are available and the fiscal disparities is subtracted, there would be an
approximate net of $15,000. Therefore, he requested that this item be tabled in order that staff
could provide additional information if there is a need before the funds are increased in the
district. He commented regarding the timing of this and stated he would like to know what the
potential obligations are particularly in the pooling of District 7-6 as well as the fiscal disparities
at $20,000 per year that is being paid.
Mayor Slavik opened the public hearing.
Mayor Slavik declared the public hearing closed.
Motion was made by Councilmember Willis and seconded by Councilmember Johnson, to table
action and add to this item to the January 26 Council Study Session agenda, beginning at 5:30
p.m., and to direct the City Manager to provide a report prepared on the management review and
analysis of these districts as soon after the closingoff thee practicable.
Mark Ruff from Dorsey and Whitney, explained that action on this item would enable but not
obligate the Council to use funds for affordable housing projects. He stressed that the Council
can shut down a district at any time.
Councilmember Willis stated the question is whether the Council wants to extend the district 10
years for affordable housing in the future. The Council needs to know what the fiscal needs and
obligations are going to be for the TIF Districts. He stated he's concerned that if the Council
amends the TIF plans, the contribution plan that is already in place might be compromised if the
Council is requested to do something in the future.
Housing Programs Manager Barnes stated staff is tracking a long-range financial project
spreadsheet bi-weekly. He stated staff is unsure what the future fiscal projections are going to be
Adopted Minutes 3 of 8 Regular Meeting of November 24, 2009
in the future and what the HRA will need for funds. Therefore, the intent is to be proactive with
the districts.
With all members voting in favor, the motion carried.
7.2) Project Hearing for 8th Avenue Street Reconstruction Project (10004)
Assistant City Engineer Renneberg reported on the proposed street reconstruction project for 8th
Avenue. He stated Council would award the contract in April/May 2010 with construction
beginning middle May, and the majority of the construction being completed in July. The
assessment hearing would be held in September 2010. He stated the Council has included this
project in the Capital Improvements Program for 2010. The proposed single family residential
lot assessment would is $9,752.31; however, the actual assessments would be discussed at the
assessment hearing.
Councilmember Black asked if there would an savings by not installing curb and gutter.
Assistant City Engineer Renneberg replied this wouldn't be recommended by staff as drainage
ditches would need to be provided. He stated the difference in cost between the B618 curb being
recommended and a ribbon curb would be very minimal. Public Works Director Cote added that
currently there is a lack of crown in the roadway so the very little drainage of this street
contributes to the condition of the roadway.
Mayor Slavik opened the public hearing.
Charlie McCarty, 17830 8th Avenue North, asked that this project be postponed until the Rusten
Woods development is completed further down the street. He stated residents are nervous that
big and heavy trucks using this road for that development will damage their street. He noted that
there have been some watermain breakages along 81h Avenue the past few years. He stated there
is currently 24 inches of asphalt which is thicker than the street that is being proposed. He
suggested that if there's a problem with the appearance of the street, the City could resurface
sections of the street similar to Olive Lane which was paid by the City. That asphalt will last
another four to five years so that would give them additional time for the development down the
street to be completed. He requested a copy of the City's pavement management plan so he can
see how streets are rated.
Ben Johnson, 17600 81h Avenue North, agreed that 8th Avenue is in tough shape. However, the
Rusten Woods development is being added in their area, and that neighborhood is using
8th
Avenue. Therefore, he questioned why only those residents who have driveways abut the street
are obligated to pay for the improvements. He commented that there was a watermain break in
front of his house approximately three weeks ago, and the City's patching job wasn't very good.
Doug Sauter, 18140 8th Avenue North, stated staff has indicated that this is a good time to award
contracts due to the economy. However, there are residents who don't have a lot of income, and
there is the development that is still being built in the area. He stated he thinks the City is
requesting this project due to the appearance of the street. He noted that the width in the
Adopted Minutes 4 of 8 Regular Meeting of November 24, 2009
roadway varies (in front of his property it's 19' wide), and the residents don't want a road
designed to encourage speeding as it's a straight road. He stated there are pedestrians who use
the path on 8th Avenue, and he requested that his neighbor's large tree that is in the right-of-way
be saved. The neighborhood is concerned about costs, aesthetics, speed, and use of this roadway
by the Rusten Woods development that is currently under construction. He requested that the
Council direct staff to pay attention to traffic calming measures and saving the older trees such as
his neighbor's.
Steve Peschel, 715 Queensland Lane North, asked if a storm drain would be added on 8th Avenue
and where would that runoff go? He stated he's concerned because he has a pond in his
backyard, and he doesn't want any more water draining into that pond. He asked how far into the
residents' properties would they have to construct the roadway because on the 8th Avenue side of
his lot, he has mature shrubs and split rail fence. He stated if he has to replace those shrubs, it
could be rather expensive. His last issue is that he driven on 10t11 and l lth Avenues north of their
development, and those streets are in good shape. Therefore, he asked why 8th Avenue is in such
disrepair. Perhaps it's probably due to the construction on the cul-de-sac on Shady View Lane
and Olive Lane. He also requested that this project be postponed until the Rusten Woods
development is completed. He requested a copy of the plans and specifications for this project.
Doug Thompson, 805 Queensland Lane North, stated staff's response to their speed concerns
were addressed. He stated his concern is the storm sewer across the street that has a foot of
standing water when there is a rainstorm. He also requested that this project be postponed until
l the Rusten Woods development is completed. He noted that there are 27 homes that are being
assessed when there are 84 properties that use the roadway. He noted he isn't being being
assessed for this project.
Larry Johnson, 17605 81h Avenue North, stated he supports Mr. McCarty's comments. He stated
if aesthetics are a concern, put in an overlay. He stated he doesn't want to pay for an assessment
that will assist selling lots in the Rusten Woods development. He asked why the two lots on
Olive Lane aren't paying an assessment.
Dave Kuehn, 17720 8th Avenue North, stated he has lived at this address for 34 years and there as
always been a water problem on the roadway due to the low point on the street. He stated
8n,
Avenue is an old street that has never been reconstructed other than temporary patching. He
stated it's not just the recent developments that have had an effect on this road. He stated out of
the 19 lots in the Rusten Woods development, there are five homes constructed with only three
occupied. It will take a significant amount of time waiting for all 19 homes to be constructed.
He commented that the interest rates and costs won't be any lower than they are currently. He
thanked staff for addressing their safety concerns by adjusting the road widths.
Mayor Slavik declared the public hearing closed.
Mayor Slavik requested staff to address a number of concerns that were expressed by the
residents. Public Works Director explained the following points:
Adopted Minutes 5 of 8 Regular Meeting of November 24, 2009
1. Eighth Avenue would accommodate the residential home construction traffic. If a
developer or builder would damage the roadway, the City would have the right to receive
compensation for damage to the roadway.
2. The costs associated with constructing the streets within the Rusten Woods development
are passed onto the purchasers of the lots.
3. A mill and overlay wouldn't be the solution this street. This street is rated one of the
poorest streets in the City, and it's not just aesthetically but structurally.
4. The temporary overlay for Queensland Lane was appropriate as that street isn't in the
Capital Improvements Program (CIP) for seven to 10 years.
5. Only people who access 8"' Avenue are assessed according to the City's Special
Assessment Policy. Property owners on Olive Lane and Shady Lane paid assessments
when their streets were developed.
6. There is a deferred assessment process for senior citizens and individuals with medical
disabilities.
7. Staff will make every effort to save as many of the trees as possible. Property owners are
responsible for plantings that are in the right-of-way. Residents will be able to view the
final plans so they can see how their individual properties will be impacted.
8. This project wasn't requested by the developer of the Rusten Woods development, but
rather it was in the City's CIP for 2010.
Councilmembers Johnson and Black discussed the widths of street for speed and safety concerns.
Councilmember Murdock stated that this road needs to be reconstructed, and it will ,likely be five
years before the Rusten Woods development is completed. Therefore, she doesn't feel a
temporary fix is the solution
Motion was made by Councilmember Bildsoe and seconded by Councilmember Johnson, to
adopt a Resolution Ordering_ Improvement and Preparation of Plans and Specifications for the
8cn
Avenue Street Reconstruction Project (10004 — Res2009-292). With all members voting in favor,
the motion carried.
General Business
8.1) Energy Efficiency and Conservation Block Grant Award (2009020)
Community Development Director Juetten reported on energy projects (Phase I) that were
identified by staff that could be paid for by the City's Energy and Conservation Block Grant
Award. He stated in June 2009, with assistance from the City's consultant, McKinstry, the City
submitted a grant application and in September was awarded a grant in the amount of $707,200.
Councilmember Johnson asked since McKinstry has prepared the analysis, could the City rebid.
Community Development Director Juetten replied yes, but the City has already paid $46,000 of
the grant funds for the analysis and would incur costs with other companies.
Adopted Minutes 6 of 8 Regular Meeting of November 24, 2009
i Councilmember Johnson stated she's interested in proceeding, however, she desire transparency
on the front side. She asked if these funds have to be spent by a certain date. Community
Development Director Juetten replied once you receive the funds, it has to be spent within a year.
Councilmember Stein stated if the Council proceeds with the top six items, the City should be
able to compare fees before locking in with McKinstry.
Mayor Slavik asked if McKinstry guaranteed that the City would stay within the grant funds.
Community Development Director Juetten replied he doesn't recall that. Staff thought
McKinstry was providing a product that was more useful at the time. In addition, a number of
other communities were utilizing McKinstry due to their experience.
Councilmember Johnson stated she likes competition. Whatever the City is paying out in fees
and services, there needs to be transparency to the taxpayers. She stated with the Federal funds
being involved, there will be reporting involved.
Mayor Slavik stated she's concerned staying within the Federal grant fiends.
City Manager Ahrens stated that staff is fairly skeptical with this proj ect/process. A lot of staff
time has been allocated to this during the past few months. She stated staff is concerned about
the reporting requirements initially as well as into the future.
i Councilmember Johnson asked if there is a deadline with this item so staff can review the
reporting requirements, compare prices from McKinstry and other firms interested in the
projects, and obtaining gross amounts that McKinstry is proposing. Community Development
Director Juetten replied the City has until the end of January to act.
Councilmember Bildsoe added that he would like to know what the reporting procedures and
costs associated with that are going to be. The City doesn't want to spend more funds than what
is being taken in. He asked what would happen if the City didn't do these projects and returned
the funds?
Community Development Director Juetten stated they have asked about the reporting
requirements, and no one knows how long the City would need to report. Regarding the funds,
staff recommends using $46,000 for the study. He stated it's hard to believe that the Federal
Government would punish an entity for returning funds to them. Perhaps the City could also
report that the plan would be utilized long term.
Motion was made by Councilmember Johnson and seconded by Councilmember Black to table
this item to the first meeting in January 2010 or 120 days from September 21, 2009. With all
members voting in favor, the motion carried.
8.2) Cost Sharing Agreement with Met Council
Adopted Minutes 7 of 8 Regular Meeting of November 24, 2009
Public Works Director Cote reported on the proposed Resolution Authorizing Negotiations for
Cost Sharing Agreement with Metropolitan Council Environmental Services for the Elm Creek
Interceptor — Medina Log.
Motion was made by Councilmember Johnson and seconded by Councilmember Black, to adopt
a Resolution Authorizing Negotiations for Cost Sharing Agreement with Metropolitan Council
Environmental Services for the Elm Creek Interceptor — Medina Log with an amendment to the
Resolution to state that once negotiations have occurred, it would come back to the Council for
consideration (Res2009-293). With all members voting in favor, the motion carried.
Reports and Staff Recommendations
There were no Reports and Staff Recommendations.
Adjournment
Mayor Slavik adjourned the Regular Meeting at 9:37 p.m. and went into Executive Session at
9:42 p.m. to discuss litigation. The Executive Session was held in the Medicine Lake Room with
City Attorney Poehler. The Executive Session w49 adjourned at 9:51 p.m.
andra R. Engdahl, City Jerk
Adopted Minutes 8 of 8 Regular Meeting of November 24, 2009