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HomeMy WebLinkAboutCity Council Minutes 09-11-2012Adopted Minutes Regular Council Meeting September 11, 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 September 11, 2012. COUNCIL PRESENT: Mayor Slavik, Councilmembers Willis, Bildsoe, Stein, Black, Johnson, and Wosje. ABSENT: None. STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Park and Recreation Director Evans, Public Works Director Cote, Community Development Director Juetten, Fire Chief Kline, Police Captain Lindman, Administrative Services Director Callister, and City Clerk Engdahl. A moment of silence was given in honor the 11th anniversary of the September 11, 2001 attacks on the United States. Plymouth Forum David Larson, 2919 Troy Lane, thanked the Council for use of City facilities for firearm safety class and field day held on August 18. He stated he has spoken with the Attorney General's Office regarding the Council's recent action to close the firing range at Fire Station 3. The City documenting the water and mold problems exceeds the definition of the legislation that was approved. He believes that the City established their own criteria for indicating that the facility was unusable. In his opinion, Fire Station 3 could still be used. He stated the City violated Section 11.05 of the City Charter, regarding selling or disposing of a public utility owned by the City. He has been advised they should seek legal counsel as the firing range at Fire Station 3 could still be used by the public, more specifically, the youth. Mayor Slavik stated the City's position has been stated many threes. The City's priority is to make sure the police officers are able to be trained at a level to keep themselves and the community safe. The City is looking to partner with the City of Maple Grove with their new facility to achieve this goal, and she's hopeful this facility will be open to the public. City Attorney Knutson added the City didn't violate State Statute or the City Charter in closing what used to be a firing range, and it's not a range. The firing range was never a utility. A utility is a fine term. Paula Caryotakis, 18615 29th Avenue North, stated they have been maintaining a piece of property owned by an adjacent property owner, and they considered that to be a service to their Adopted Minutes 1 of 4 Regular Meeting of September 11, 2012 neighbor. However, their neighbor thought they were pursuing an effort to take over his property. The neighbor has constructed a six-foot high fence which now blocks the view of the pond. She noted that there are weeds on the other side of that fence. They were shocked to receive correspondence from the City Attorney that there is no violation of the weed ordinance as the property owner is working on an improvement. Many of the weeds have grown to eight feet. They've made many attempts to resolve this situation. However, they can't contact them to cut down the weeds, and they can't set foot on the property (they were warned by the Police Department). She stated members of her family have had to stay indoors this summer due to allergic reactions to the weeds. They are requesting guidance from the Council on how their interests can be protected. The City Attorney has advised them to seek legal counsel; however, they don't want to pay high legal costs when all residents should adhere to the City's weed ordinance. City Attorney Knutson stated the public forum isn't the appropriate place to discuss this matter, especially when the other party isn't present, and both parties have secured an attorney. Mayor Slavik added this is a property issue between neighbors. Councilmember Willis asked if the weeds are defined as noxious weeds under the City's ordinance. Park and Recreation Director Evans replied any weed that is over eight feet tall would be considered a weed that needs to be cut or trimmed down. Not sure if garlic mustard or rag is defined as a weed. Community Development Director Juetten stated he believes the property owner completed their project, which was two sections of their fence. Therefore, now the City can contact them to request them to clean up the backyard. Presentations and Public Information Announcements There were no presentations and public information announcements. Approval of Agenda Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe to approve the agenda. With all members voting in favor the motion carried. Consent Agenda Motion was made by Councilmember Bildsoe and seconded by Councilmember Wosje to adopt the Consent Agenda that included the following items: 6.01) Minutes of the Regular Meeting of July 24. Adopted Minutes 2 of 4 Regular Meeting of September 11, 2012 6.02) Resolution Approving Disbursements ending September 1, 2012 (Res2012-267). 6.03) Resolution Approving Temporary Liquor License for Church of the Epiphany (Res2012- 268). 6.04) Resolution Approving Encroachment Agreement for a Pedestrian Bridge within a Drainage and Utility Easement in Lot 18, Block 3, Wood Crest of Plymouth 2nd Addition at 15700 55th Avenue North (Res2012-269). 6.05) Resolution Approving Encroachment Agreement for a Retaining Wall within a Drainage and Utility Easement in Lot 11, Block 1, Executive Woodlands Addition at 14514 4th Avenue North (Res2012-270). 6.06) Resolution Dispensing with Statutory Requirement for Review by Planning Commission of Acquisition of Property and Approving of the Purchase Agreement and Lot Line Adjustment for the County Road 73/Zachary Property (Res2012-271). 6.07) Resolution Approving a Site Plan Amendment, Conditional Use Permit and Variance for the City to Construct a Salt Storage Building and Related Site Improvements at 14900 23rd Avenue North (2012062 - Res2012-272). With all members voting in favor, the motion carried. Public Hearings 7.01) Project and Assessment Hearing for Vicksburg Lane and Rockford Road Sidewalk Improvement (12023) Public Works Director Cote provided a report on the proposed project. A discussion was held on how to proceed with the proposed project. The majority of the Council supported proceeding with the project as bid and assess the total project cost in excess of the $20,000 that the Parks and Recreation Department has budgeted for this project. Based on the lowest bid, the total project cost is estimated at $33,215.06 with $13,215.06 proposed to be assessed. The assessment would be split based on the amount of frontage facing the proposed sidewalk with 15890 37th Avenue being assessed $10,131.11 and 15800 37th Avenue being assessed $3,083.95. Mayor Slavik opened the public hearing. Mayor Slavik declared the public hearing closed. Motion was made by Councilmember Johnson, and seconded by Councilmember Black to admit a Resolution Ordering Improvement for the Vicksburg Lane and Rockford Road Sidewalk Improvement Project (12023 - Res2012-273) and a Resolution Adopting Assessments for the Adopted Minutes 3 of 4 Regular Meeting of September 11, 2012 Vicksburg Lane and Rockford Sidewalk Improvement Project (12023 — Res2012-274). With all members voting in favor, the motion carried. General Business 8.01) Amended 2013 Budget, Preliminary General Property Tax levy, HRA Levy and Set Budget Public Hearing Date Administrative Services Director Callister gave an overview of the amended 2013 budget and proposed levies. Motion was made by Mayor Slavik, and seconded by Councilmember Willis to adopt a Resolution Authorizing the 2012 HRA Levy (Res2012-275)Resolution Adopting the 2013 Budgets (Res2012-276) Resolution Proposing Property Tax levies for Tax Payable 2013 Res2012-277), and setting December 11 as date of hearing on the budget. With all members voting in favor, the motion carried. Reports and Staff Recommendations There were no reports and staff recommendations. Adiournment Mayor Slavik adjourned the meeting at 7:55 p.jp. A94A &4 / _ Sandra R. Engdahl, City Clerk Adopted Minutes 4 of 4 Regular Meeting of September 11, 2012