HomeMy WebLinkAboutCity Council Minutes 08-27-2013Adopted Minutes
Regular Council Meeting
August 27, 2013
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 August 27, 2013.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Bildsoe, Black, Wosje, Johnson, Stein,
and Willis.
ABSENT: None.
STAFF PRESENT: City Manager Callister, City Attorney Knutson, Parks and Recreation
Director Evans, Public Works Director Cote, Planning Manager Thomson, Deputy Fire -Chief
Springer, Police Chief Goldstein, Housing Manager Barnes, Assistant City Engineer Renneberg,
Park and Recreation Director Evans, and City Clerk Engdahl.
Plymouth Forum
Judy Luedke, 17910 County Road 47, voiced her frustrations with constructing a four lane road,
Peony Lane, through Area D of the Comprehensive Plan. The residents in this area didn't request
this road. Vicksburg Lane is in poor shape compared to Peony Lane and Troy Lane. There are
fewer people to pay for the assessments in Area D than on Vicksburg Lane.
Mayor Slavik stated the City has carefully staged the development in Northwest Plymouth and
budgeted funds to pay for those improvements.
Presentations and Public Information Announcements
4.01) Presentation of Music in Plymouth Mural
Senator Terri Bonoff presented a Plymouth Mural "Giving a Hand" that was made at this year's
Music in Plymouth. The banner has been laminated so it can be hung at next year's event. The
Council thanked her for this banner.
4.02) Acceptance of Donation of Park Property from Roger Schmidt
Park and Recreation Director Evans introduced Roger Schmidt who is donating 2.7 acres of
property just west of Holly Lane Golf Course (4835 Holly Lane North). This is heavily wooded
property that has a market value of $110,000.
Adopted Minutes 1 of 9 Regular Meeting of August 27, 2013
Mr. Schmidt stated this property has been owned by his family since 1883.
The Council thanked Mr. Schmidt for this donation.
Motion was made by Councilmember Johnson, and seconded by Councilmember Willis, to adopt
a Resolution Accepting Donation of Certain Real Property from Roger Schmidt (Res2013-272).
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 theaagenda. With all members voting in favor, the motion carried.
Consent Aeenda
Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to adopt
the amended Consent Agenda that included the followingitems: ems:
6.01) Resolution Approving a Variance for Albert an Jean Malachowski for Property located at
16930 11th Avenue (2013 065 — Res2013-273).
6.02) Resolution Approving Disbursements ending August 17, 2013 (Res2013-274).
6.03) Resolution Approving a Tobacco License for Northern Tier Retail, LLC, d/b/a
SuperAmerica No. 5005, 15805 61st Avenue North (Res2013-275).
6.04) Resolution Authorizing the Mayor and City Clerk to sign the Land Surveyor Certificate of
Correction for Terra Vista (2011095F - Res2013-276).
6.05) Resolution Approving an Encroachment Agreement for a Retaining Wall within Drainage
and Utility Easements in Lot 7, Block 1, Kirkwood (Res2013-277).
6.06) Resolution Approving an Amendment with WSB and Associates for Right of Way
Services for Peony Lane/Lawndale Lane Extension Project (100 15 — Res2013-278).
6.07) Resolution Approving Authorizing an Interfund Loan for Advance of Certain Costs in
Connection with Tax Increment Financing District No. 7-8 (Res2013-279).
6.08) Resolution Adopting the General Retention Schedule for Minnesota Cities (Res2013-
280).
6.09) Resolution Approving Lawful Gambling Application of Armstrong Cooper Youth Hockey
Association for The Sunshine Factory (Res2013-281).
Adopted Minutes 2 of 9 Regular Meeting of August 27, 2013
6.10) Resolution Rejecting Bids for the Replacement of the Medicine Lake Retaining Wall
Res2013-282).
With all members voting in favor, the motion carried.
Public Hearings
7.01) Public Hearing on Off -Sale 3.2 Malt Liquor License for Northern Tier Retail, LLC,
d/b/a SuperAmerica No. 5005,15805 61st Avenue North
City Clerk Engdahl reported on the application of Northern Tier Retail, LLC, d/b/a SuperAmerica
No. 5005, 15805 61 st Avenue North, for an Off -Sale 3.2 Malt Liquor License.
Mayor Slavik noted the petition received from area residents opposing the issuance of this
license.
Mayor Slavik opened the public hearing.
Saravanan Vivekanandan, 15662 60th Avenue North, voiced his opposition to the liquor license
as this is a residential area.
Sona Maniyan, 15714 60th Avenue North, voiced his opposition to the liquor license. He noted
the number of families that live in the immediate area and this establishment providing youth
access to tobacco and liquor.
Praveen Kumar, 15726 60th Avenue North, agreed with Mr. Vivekanandan and Maniyan.
Mayor Slavik closed the public hearing.
Mayor Slavik stated the ability to sell tobacco and liquor is a privilege. The Police Department
performs compliance checks to make sure that youth access isn't allowed. The Council is very
tough on violators. The Council recognizes that youth access to drugs and liquor is a serious
problem. The Police Department also works with the school districts to curve that access. This
effort involves educating parents and students. She noted that she has a convenience store in
close proximity to home, and there haven't been any issues.
City Attorney Knutson stated if the ordinance standards are met, the Council needs to approve the
application.
By request of Councilmember Johnson, Police Chief Goldstein explained the tobacco and liquor
compliance checks performed by their department and the action that is taken for the violators.
Adopted Minutes 3 of 9 Regular Meeting of August 27, 2013
Motion was made by Councilmember Wosje, and seconded by Councilmember Bildsoe, to adopt
a Resolution Approving Off -Sale 3.2 Liquor License for Northern Retail, LLC, d/b/a
SuperAmerica No. 5005 at 15805 61st Avenue North (Res2013-283). With all members voting
in favor but Black and Willis, the motion carried.
7.02) Host City Approval for the Issuance of Private Activity Revenue Bonds (Hammer
Residences Inc.)
Housing Manager Barnes reported on the request for the City of Plymouth giving host city
approval in the issuance of private activity revenue bonds by the Housing and Redevelopment
Authority in and for the City of Wayzata on behalf of Hammer Residences.
Mayor Slavik opened the public hearing.
Mayor Slavik closed the public hearing.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt
a Resolution Giving Host Approval to the Issuance of Multifamily Housing Revenue Note under
Minnesota Statutes, Chapter 462C and Approval of a Joint Powers Agreement and Housing
Program (Res2013-284).
A representative of Hammer Residences stated the majority of their homes are located in
Plymouth. They are considering adding a childrens home next year.
With all members voting in favor, the motion carried.
7.03) Vacation of Drainage and Utility Easements in the Northeast Quarter Section 5,
Township 118, Range 22 (Steeple Hill 2nd Addition)
Public Works Director Cote reported on the proposed vacation.
Mayor Slavik opened the public hearing.
Mayor Slavik closed the public hearing.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Stein to adopt a
Resolution Approving the Vacation of Drainage and Utility Easements in the Northeast Quarter
Section 5, Township 118, Range 22 Steeple Hill 2nd Addition) (Res2013-285). With all
members voting in favor, the motion carried.
7.04) Project and Special Assessment Hearing for 2013 Cul -De -Sac Edge Mill and Overlay
Project (13023)
Assistant City Engineer Renneberg reported on the proposed project. He stated the project would
begin in September and end the first or second week in October.
Adopted Minutes 4 of 9 Regular Meeting of August 27, 2013
Mayor Slavik opened the public hearing.
Michael Griffin, 4415 Urbandale Court North, stated he understands the need for assessments.
He stated the roads have two to three years left on them, and improvements are supposed to go
another seven years.
Carol Schreiber, 4284 Magnolia Lane North, stated when she and her neighbors attended the
information meeting, they were told that their condos would be charged $300 rather than $500 as
proposed. She spoke with staff and was told that the information conveyed to them at the
informational meeting was inaccurate. She stated it looks as if they've already started some of
the work on their street last week.
Jerry Chen, 18905 38th Avenue North, stated the large part of the cul-de-sac is just fine so there
is no need to improve that. Therefore, he asked if the City can just do the parts that are in need of
repair. He requested clarification on the percentages that the City and residents pay on the
assessments.
Chen Hongling 3865 Alvarado Lane North, stated he was shocked to see that his assessment will
be $5,000. Assistant City Engineer Renneberg clarified that his project is the next item on the
agenda, and his assessment is $1,000.
Steven Pettersen, 3235 Rosewood Lane North, stated there are 30 homes in their neighborhood,
and the vast majority of the residents support the repaving project. The condition of their road
has caused a lot of injuries to his children and grandchildren. Their neighborhood is also looking
at having the same garbage haulers, dry cleaners, etc., to minimize the wear on their road. He
asked the City to make sure that the contractor who is awarded the contract, does a good job as
the last paving, which was 15 years ago, wasn't the best.
Mayor Slavik closed the public hearing.
Staff answered questions raised by residents and/or commented on the following items:
1. Provision in charter for special assessments. Amount is set by Council policy.
Assessments are a fair way to distribute the costs.
2. Road improvement projects are determined by the street rating program.
3. City crews will be paving the project rather than a general contractor. Crews recently
completed the Creekside Addition north of City Hall, which was a stellar job.
4. Staff acknowledged inaccurate information was given at the informational meeting.
However, the amounts were corrected on the notices and assessment roll that was sent to
residents.
5. Curb and gutter crews are currently doing routine maintenance work whether this project
is approved this evening or not.
6. It's more advantageous to do an area of streets versus portions here and there rather than a
band aid/piecemeal approach.
Adopted Minutes 5 of 9 Regular Meeting of August 27, 2013
7. New street reconstruction program where staff identifies areas in the City where a mill
and overlay project can be completed that will last 10 years, reduce the cost to residents,
and eliminate maintenance costs.
8. City's contribution is 35% of the total project cost and assessments are 65%.
Motion was made by Councilmember Bildsoe and seconded by Councilmember Black to adopt
a Resolution Ordering Improvement for the 2013 Cul -De -Sac Edge Mill and Overlay Project
13023 — Res2013-286), and a Resolution Adopting Assessments for the Churchill Farms Edge
Mill and Overlay Project (13 021 — Res2013-28D. With all members voting in favor, the motion
carried.
7.05) Assessment Hearing and Award Contract for Churchill Farms Edge Mill and
Overlay Project (13021)
Assistant City Engineer Renneberg reported on the proposed project. This project would start in
mid September and end by October 31. He stated Northwest Asphalt is the lowest qualified
bidder.
Mayor Slavik opened the public hearing.
Ansar Ahmed, 3770 Yellowstone Lane North, asked when the first overlay was laid, what is the
foundation of the roadway, and what is the life of the new asphalt layer and the plans to maintain
it. He also stated many times, the speed of traffic will increase in a neighborhood when the roads
are improved. Therefore, perhaps the speed limit should be reduced.
Norm Buckingham, 3855 Walnut Grove Lane North, stated he understands the need for area
improvements, but he asked why Hennepin County doesn't contribute to the assessments. He
would prefer that this project is delayed a year or two.
Juan -Carlos Maymir, 3365 Zircon Lane North, voiced his support for the project. He showed the
low point in their road and asked if the drainage issues will be repaired.
Scott Grossfeld, 3700 Yellowstone Lane North, stated the project needs to be done, but it seems
disproportionate on who's being assessed. Assessments should be adjusted based on how close
you are to the project area.
Mayor Slavik declared the public hearing closed.
Staff answered questions raised by residents and/or commented on the following items:
1. Area hasn't been overlayed.
2. Foundation and structure is good for an overlay.
3. There are no issues with utilities in this area. No history of watermain breaks.
4. The life of the new road and maintenance is 7 to 10 years. Staff will be doing routine
maintenance and looking at crack sealing.
Adopted Minutes 6 of 9 Regular Meeting of August 27, 2013
5. City doesn't have any discretion in setting speed limits, but the Minnesota Department of
Transportation does. Speed studies can be requested. The speed of the roadway is set at
what 85% of the traffic is traveling. It's usually the neighbors that are speeding instead of
cut through traffic. The Police Department can increase the enforcement as well as
putting out the speed trailer.
6. There will be six feet of milling — mill outside edge of gutter line to middle of the
roadway. The project is increasing the structure and improving the crown by only doing
the edges.
7. Walnut Grove Lane and cul-de-sac are in good condition. Unless there has been spot
patching or paving, no maintenance has been done in the past eight years. As stated with
the previous project, it's more economical and efficient to do the entire neighborhood at
once.
8. Hennepin County doesn't assume costs for City projects. They maintain their roads and
the City maintains its roads.
9. Staff will look at the drainage issue that Mr. Maymir addressed.
10. Explained the amount of assessments proposed.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to
adopt a Resolution Ordering Improvement for the Churchill Farms Edge Mill and Overlay
Project (13021 — Res2013-288), Resolution Awarding Contract for Churchill Farms Edge Mill
and Overlaeject (13021 — Res2013-289), and a Resolution Adopting Assessments for the
Churchill Farms Edge Mill and Overlay Project (13 021 - Res2013-290). With all members
voting in favor, the motion carried.
7.06) Public Hearing on the Re -conveyance to the State of Minnesota and Reacquisition of
Fee Title to Certain Tax -Forfeited Lands and Conveyance of the Tax -Forfeited Lands to
Abutting Property Owners
Community Development Director Juetten reported on this request.
Mayor Slavilc opened the public hearing.
Martina Johnson, applicant, stated they realize that there are other lots that surround their
property that are more than 90 feet, but there are several that are 90 feet. If they built a house,
they would meet the setback requirements.
Mayor Slavilc closed the public hearing.
Motion was made by Councilmember Johnson, and seconded by Councilmember Stein, to ado -t
a Resolution Directing the Re -Conveyance to the State of Minnesota and Reacquisition of the
Fee Title to Certain Tax -Forfeited Lands and Conveyance of the Tax -Forfeited Lands to the'
Property Owners (Res2013-291). With all members voting in favor, the motion carried.
General Business
Adopted Minutes 7 of 9 Regular Meeting of August 27, 2013
8.01) Encroachment Agreement for Randy Olson and Jennifer Deboer at 2730 Black Oaks
Lane to Allow Construction of a Detached Garage (tabled from August 13)
Community Development Director Juetten stated this item was tabled at the last meeting in order
that the property owner could provide the drainage plan. He discussed the proposed drainage and
grading plan as outlined in the staff report.
Randy Olson, applicant, stated the overhead door would be on the west side of the garage. This
garage wouldn't be used to store any construction equipment as he doesn't own any.
Councilmember Willis asked if the access from Black Oaks Lane would essentially be over the
top of the ground since the access isn't paved. Mr. Olson replied yes. His boat trailer, bike and
lawnmowers don't weigh that much. In the spring, they would like to construct a 8-12' curbcut.
Mayor Slavik stated it seems odd that an accessory building would have an overhead garage
door, grass leading up to it, and curbcut. Community Development Director Juetten stated there
are a number of similar situations in the City that are relatively large and don't have driveways
leading up to them. This is a large shed that will store equipment that will be used on an
infrequent basis.
Motion was made by Councilmember Willis and seconded by Councilmember Wosje to adopt a
Resolution to Approve Encroachment for a Garage within a Drainage and Utility Easement at
2730 Black Oaks Lane (Res2013-292)
Motion was made by Councilmember Willis, and seconded by Councilmember Wosje to amend
the main motion to add a condition to the Encroachment Agreement that the driveway and
curbcut not exceed 12 feet. With everyone voting in favor the motion carried.
The Council voted on the amended main motion and with all members voting in favor but Slavik
and Stein, the motion carried.
Reports and Staff Recommendations
9.01) Suburban Court Statistics
Police Chief Goldstein presented a 2012 district court statistics report.
Adiournment
Mayor Slavik adjourned the Regular Meeting at 9:25 p.m.
Adopted Minutes 8 of 9 Regular Meeting of August 27, 2013
andra R. Engdahl, ity Clerk
Adopted Minutes 9 of 9 Regular Meeting of August 27, 2013