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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