HomeMy WebLinkAboutCity Council Minutes 08-28-2012Adopted Minutes
Regular Council Meeting
August 28, 2012
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 28, 2012.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Willis, Bildsoe, Black, Wosje, Stein, and
Johnson.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Park and Recreation Director
Evans, Community Development Director Juetten, Police Captain Lindman, Assistant City
Engineer Renneberg, Administrative Services Director Callister, Fire Chief Kline, and City Clerk
Engdahl.
Plymouth Forum
Ron Bauerly, 9935 41st Avenue North, stated two years ago as apart of a prof ect, a 6'x6' hole
was dug up by the fire hydrant abutting his property. After the hole was filled, the contractor
seeded the area. In 2011 the grass didn't grow which was strange as he had always maintained
and fertilized the lawn before the hole was dug. When the grass didn't grow, he contacted City
staff, and they gave him Scotts Easy Seed. This spring it started to come up, but again before
long, it died. He stated Councilmember Black looked at the area and said it looked like black dirt
to her. He stated City staff tested the soil, but there's no answer as to why the ph level was high
or if the soil is contaminated. This area looks terrible while the rest of the lawn looks great. He
requested the Council's assistance in requesting the contractor to bring in soil that will grow
grass.
Councilmember Johnson suggested to refer this back to staff. Mayor Slavik stated the issue is
the soil analysis. The other issue is that it grew through the summer last year, and how long does
the City continue to maintain this.
Councilmember Stein asked if the grass grew at all this spring. Mr. Bauerly replied it looked like
stubby grass coming up. The only time it started to look half way decent is when he put the
Scotts Easy Seed on it. He stated a few inches of good top soil might be the solution. It
wouldn't be that expensive for the City.
Councilmember Johnson asked if sod is an option. Mr. Bauerly replied not on bad soil. He
stated he would plant sod if there was black dirt brought in.
Adopted Minutes t of 6 Regular Meeting of August 28, 2012
Councilmember Johnson suggested that black dirt be hauled in and sod be laid, and then it will
be the responsibility of Mr. Bauerly to maintain it.
Mayor Slavik requested that the Public Works Director provide options back to the Council and a
copy of the soil test that was done.
Presentations and Public Information Announcements
There were no presentations and public information announcements.
Approval of Agenda
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to
approve the agenda. With all members voting in favor the motion carried.
Consent Agenda
Motion was made by Councilmember Bildsoe, and seconded by Councihnember Johnson, to
adopt the Consent Agenda that included the following items:
6.01) Regular Meeting minutes of July 10.
6.02) Resolution Approving Disbursements ending August 18, 2012 (Res2012-253).
6.03) Resolution Approving Temporary Liquor License for West Lutheran High School for an
Event on October 13 (Res2012-254).
6.04) Resolution Approving Payment No. 5 and Final for MIP Water Tower Rehabilitation
10021 — Res2012-255).
6.05) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for
Nature Canyon Erosion Repair Project (11023 - Res2012-256).
6.06) Resolution Accepting Streets for Hampton Hills 2nd Addition (2010043 - Res2012-257),
Resolution Accepting Utilities for Hampton Hills 3rd Addition (2011002 — Res2012-258).
6.07) Resolution Approving Encroachment Agreement for a Storage Shed within a Drainage
and Utility Easement in Lot 23, Block 1, Fox Glen 3rd Addition at 14145 36th Avenue North
Res2012-259).
6.08) Resolution Approving a Contract with Plymouth Automotive, Inc. to Provide Towing
Services (Res2012-260).
Adopted Minutes 2 of 6 Regular Meeting of August 28, 2012
6.09) Resolution Approving winter Activities Permit with Three Rivers Park District for Use of
Regional Trails (Res2012-261).
With all members voting in favor, the motion carried.
Public Hearings
7.01) Project and Assessment Hearing for Fox Glen, Pike Lake, and 37th Avenue Areas
Assistant City Engineer Renneberg reported on the proposed project. This project has been
included in the 2012 Capital Improvements Program (CIP) for construction this year.
Construction would be completed early October for Fox Glen, end of September for Pike Lake,
and middle of September for 37th Avenue if the project is approved.
Mayor Slavik opened the public hearing.
Troy Kauma, 11900 60th Place North, asked if 60th Place should be included (block between
Jonquil and Hemlock) as there are currently very few cracks in there. He showed pictures of
Hemlock towards Jonquil, from Jonquil to Hemlock, and further back from Jonquil to Hemlock.
Mike Linderwell, 3705 Dallas Lane, asked why they're being charged an extra $1,000 for this to
be done. He has seen his taxes increase while his home value has decreased. He lives in a cul-
de-sac and he doesn't have any problems with the street. If the City is only taking the first six
feet, there's no reason to do it.
Lisa DeMuster, 14100 38th Place North, asked the same question as Mr. Linderwell. She stated
residents received a letter regarding the improvement late July with work to start early
September. That's not a lot of time to assess $1,000 on residents. She asked if residents choose
to assess the cost to their property tax, can that be deducted on their income taxes.
Mayor Slavik closed the public hearing.
Mayor Slavik asked staff to address Mr. Kauma's concern regarding the longevity of the streets
and not just maintenance. Assistant City Engineer Renneberg stated the initial work in this area
was an overlay in 2000 which was typical for those areas where the conditions of the streets were
bad. The project this evening is for the entire neighborhood so the area is on the same schedule
which avoids maintenance in the future.
Councilmember Black stated before the Council adopted the mill and overlay program, this was
one of the test areas so the residents weren't charged for the work.
Adopted Minutes 3 of 6 Regular Meeting of August 28, 2012
Assistant City Engineer Renneberg added the life of a edge mill and overlay is 10 years. Staff is
trying to be conservative and realistic as all areas will wear differently. For those areas that are in
extremely bad condition, staff does small sections until they can get on the schedule.
Mayor Slavik echoed the need to do these project in an entire segment so the streets are all on the
saine schedule. She asked staff why the residents didn't receive notification of this project until
July. Assistant City Engineer Renneberg replied staff had to make sure that the Kingsview
Height project came in under budget, which it did, so they could do these projects.
Mayor Slavik asked if a property owner can deduct the cost of their assessment on income taxes.
City Attorney Knutson replied a person can deduct their property tax, but not special
assessments.
Councilmember Bildsoe asked if this project didn't qualify for a full reconstruction. Assistant
City Engineer Renneberg replied currently there is no major subgrade issues. It appears that the
mill and overlay would extend the life of the roadway.
Councilmember Johnson commented that the City has worked very hard to come up with options
to extend the life of roads such as mill and overlay. A large portion of the project is being paid by
taxpayer dollars. Property owners will get a good return on their investment.
111111 L41\I., CLLILLJ/ AVl.11Ul. liLLr'_,1i 1V1111411LL VVV114Y 1LVIVVI ILV VL-1\VJLVIG-LVJ, 1\VJV1µl1V11 Approving
Change Order No. 1 for Kingsview Heights Edge Mill and Overlay Project (12002 — Res2012-
264), and Resolution Approving Change Order No. 1 for Plymouth Boulevard Mill and Overlay
Project (12006 — Res2012-265). Jon
Ginther, 3660 Dallas Lane North, stated if ample notice on the proposed assessment wasn't provided,
that should be corrected. A
discussion was held with City Attorney Knutson regarding delaying when interest would be accrued
on the assessments. A
friendly amendment was made to the motion that interest on the assessments wouldn't accrue until
November 1. This amendment was accepted. With
all members voting in favor of the amended motion, the motion carried. General
Business 8.
01) Variance to Exceed Sign Height Requirements at 17205 County Road 6 (St. Philip the
Deacon Lutheran Church — 2012060) Adopted
Minutes 4 of 6 Regular Meeting of August 28, 2012
Community Development Director Juetten reported on the variance request of St. Philip the
Deacon Lutheran Church to exceed the sign height requirements for a sign in front their property
at 17205 County Road 6. The variance would be to allow a free standing sign to exceed six feet
in height. The sign would be slightly elevated to prevent blocking of sign from snowplowing
with a roof to match the architecture of the church. The Planning Commission recommended
approval of this request. Two residents spoke at the Planning Commission hearing. One resident
was concerned with the brightness of the sign; however, that is controlled by City ordinance. The
second resident was concerned with safety issues with it being in proximity of Oakwood School
and County Road 101.
Mayor Slavik asked if they removed the roof, would it meet the guidelines. Community
Development Director Juetten replied they would also have to lower the base by a half of a foot
for a total of two feet. He noted there are other similar signs in the community, such as Wayzata
Evangelical Church and Messiah Methodist Church.
Pastor Tim Westermeyer, applicant, stated he has nothing to add, but just available to answer
questions.
Ron Jesme, 17020 County Road 6, stated the Planning Commission's recommendation wasn't
unanimous as one member was opposed. He asked if the applicant has the right to use full color
display. Pastor Westermeyer presented other design options other than what's being proposed
where they wouldn't need a variance. He stated a variance isn't required to replace the current
sign.
Mr. Jesme stated the applicant hasn't met the burden of proof showing that all of the variance
standards have been met. He asked if a two -foot base is necessary or adequate, or what's the
average amount of snow. He believes that the proposal should be denied in order to show burden
of proof.
Mayor Slavik asked for further information on the display colors. Community Development
Director Juetten stated the ordinance requires that the display be white or amber. Pastor
Westermeyer added in order to comply with the 10 -foot setback, it puts them near their parking
lot where all the snow is coming from as well as County Road 6. They are trying to make a sign
that is more attractive and tie it back aesthetically to the church. Without the roof, the signs
looks more industrial.
Motion was made by Councilmember Willis, and seconded by Councilmember Stein, to adopt
Resolution Approving a Variance for St. Philip the Deacon Lutheran Church to allow a
Freestanding Sign Exceeding Six Feet High at 17205 County Road 6 2012060- Res2012-266).
With all members voting in favor, the motion carried.
Adopted Minutes 5 of 6 Regular Meeting of August 28, 2012
Reports and Staff Recommendations
There were no reports and staff recommendations.
Adiournment
Mayor Slavik adjourned the meeting at 8:12 p.m. and reconvened to the Medicine Lake Room to
conduct quarterly update with the City Manager. That meeting adjourned at 0:00 p.m.
andra R. Engdahl, C y Cler
Adopted Minutes 6 of 6 Regular Meeting of August 28, 2012