HomeMy WebLinkAboutCity Council Minutes 02-09-2010Adopted Minutes
Regular Council Meeting
February 9, 2010
Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:06 p.m. in the
Council Chambers of City Hall, 3400 Plymouth Boulevard, on February 9, 2010.
COUNCIL PRESENT: Mayor Slavik, Council Members Bildsoe,' Johnson, Murdock, Willis,
Black, and Stein.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Administrative Services
Director Portner, Community Development Director Juetten, Fire Chief Kline, Police Captain
Swiatkiewicz, Park Director Blank, Public Works Director Cote, and City Clerk Engdahl.
Plymouth Forum
No one was present to address the Council.
Presentations and Public Information Announcements
Councilmember Bildsoe announced the grand opening of the new Plymouth Library on March
13.
Mayor Slavik thanked staff and volunteers for their hard work and efforts at the successful Fire
and Ice Festival held on February 6.
Approval of Agenda
Mayor Slavik added a closed session of the Council for the purpose of discussing labor
negotiations as item No. 9.1 under Reports and Staff Recommendations.
Motion was made by Councilmember Willis, and seconded by Councilmember Johnson to
approve the amended a egnda. With all members voting in favor motion carried.
Adopted Minutes 1 of 8 Regular Meeting of February 9, 2010
Consent Agenda
Item No. 6.11 was removed from the Consent Agenda. Item No. 6.04 was removed from the
Consent Agenda and placed under General Business as item No. 8.4.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Murdock to
adopt the amended Consent Agenda that included the following items:
6.01) Approval of amended minutes from October 13, 2009 and Regular and Special Meeting
minutes of January 26, 2010.
6.02) Resolution Approving Disbursements ending January 30, 2010 (Res2010-037).
6.03) Resolution Rejecting Bids for the Wild Wings Flood Protection Improvement Project
7135 — Res2010-038).
6.04) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.4).
6.05) Resolution Receiving Preliminary Engineering Report and Calling for Public
Improvement Hearing on the 2010 Mill and Overlay Project for 36`x' Avenue and Nathan
Lane/Old County Road 15 (10005 - Res2010-039).
6.06) Approval of amended cooperation agreement between the City and the Metropolitan
Council for the Family Affordable Housing Program.
6.07) Acceptance of 2009 Planning Commission's Annual Report and 2010 Work Program.
6.08) Resolution Accepting Honorarium from the League of Minnesota Cities (Res2010-040).
6.09) Resolution Approving the purchase of Squad Cars (Res2010-041).
6.10) Resolution Approving 2010 Park Capital Improvement Budget (Res2010-042).
6.11) (This item was removed from the agenda).
With all members voting in favor motion carried.
Public Hearings
7.1) On Sale and Sunday Intoxicating Liquor License Applications for Baku LLC, d/b/a
Baku, 16 Nathan Lane North
Adopted Minutes 2 of 8 Regular Meeting of February 9, 2010
City Clerk Engdahl reported on the request of Baku LLC, d/b/a Baku, for On Sale Intoxicating
and Sunday Intoxicating Liquor Licenses at 16 Nathan Lane North.
Mayor Slavilc opened the public hearing.
The manager of the Willow Grove Shopping Center, representing the applicant, spoke of the new
restaurant. He stated they hope to open on April 1.
Mayor Slavilc declared the public hearing closed.
Motion was made by Councilmember Black, and seconded by Councilmember Willis, to adopt a
Resolution Approving an On -Sale Intoxicating and Sunday Liquor Licenses for Baku LLC, d/b/a
Baku, 16 Nathan Lane North (Res2010-043). With all members voting in favor, the motion
carried.
7.2) Project Hearing for 2010 Street Reconstruction Project, Parkers Lake Cooperative
Center Area (10001)
Public Works Director Cote reported on the proposed project that is included in the Capital
Improvements Plan for 2010.
Councilmember Johnson noted the proposed assessment of $86,668.21 for Daily Printing. She
stated this is a high assessment, but this is an unusual piece of property as it's surrounded by
roadway on three sides. Public Works Director Cote acknowledged the size of the property, but
the assessment was based on the City's current Special Assessment Policy. He stated it's atypical
for a property to be bound on three sides by roadway.
Mayor Slavik opened the public hearing.
Don Bergeron, Vice President of Daily Printing, stated that they object to the proposed
assessment. He discussed the company's struggles with the current economy, such as losing 20%
of their workforce, 15% pay cut, no employee raises, charging employees more for health care
insurance, and going to 32 hour work weeks. He stated the proposed assessment would be huge
burden for their company. He requested that the Council reject this project or postpone it until
the economy improves.
Ken Rein, Chief Financial Officer of Daily Printing, stated their property taxes have risen from
139,000 in 2007 to $168,000 last year. He acknowledged that they use the property and City
services; however, they're having to absorb more costs, and this assessment would be a hard
burden on their company. Their company has been a part of Plymouth since 1978, and their
employees live and work in Plymouth. He also asked if this project could be postponed until the
business climate gets better so they could absorb some of the costs.
Mayor Slavilc declared the public hearing closed.
Adopted Minutes 3 of 8 Regular Meeting of February 9, 2010
Mayor Slavik asked Mr. Bergeron and Mr. Rein if the current condition of the streets is
acceptable to them if the project doesn't proceed. Mr. Bergeron replied yes. He stated that non
one has ever come to their facility and complained about the conditions of the roads. He asked if
this project would be approved, what type of business interruption would there be with their
receiving area on Polaris Lane.
Public Works Director Cote replied there would be impacts to access; however, the contractor is
responsible for maintaining access. He stated there could be occasions where one driveway
might not have an access for a short period of time.
Mayor Slavik asked if there has been a history of watermain breaks in this area. Public Works
Director Cote replied no.
Councilmember Bildsoe asked what type of maintenance measures have been taken on these
roads. Public Works Director Cote replied a lot of work has been done along the curb line and
the patching of the roads to a fairly high degree.
Councilmember Bildsoe asked if staff has heard from other business owners in this project area.
Public Works Director Cote replied no.
Councilmember Black stated since she has served on the Council, she hasn't seen an assessment
this large. She would be open to working with the company and looking at alternatives for this
assessment, but on the other hand, the work isn't going to be any cheaper if it's delayed.
Mayor Slavik noted that with the previous reconstruction project for a residential area, the
Council delayed the assessment hearing to 2011 for taxes payable in 2012.
Councilmember Willis asked if staff has reviewed alterative methods to assess this project such
as an area assessment. Public Works Director Cote replied staff has looked at area assessments
for previous projects. With this project, all properties abut the improvements, so the assessments
were based on the front footage. I -Ie noted the unique characteristic of the Daily Printing
property in that the building only sits on a portion of the parcel. Therefore, perhaps staff could
look at assessing the occupied portion of the parcel.
Mr. Rein confirmed that when they purchased the property, they constructed their building on
only half of the parcel with the goal of adding onto the building. He stated in 2008, they were
within three months of achieving that goal until the economy changed. He commented that was a
blessing as now the City would be faced with an empty parcel. He stated that they don't use the
north half of their property. If the Council were to assess them $86,000, it will force them to sell
the property and break it up. He stated in light of pay cuts and reduced hours, it's a tough sell for
them right now.
An individual from United Properties stated the parcels that they own as part of this project are
90% leased. Those parcels are multi -tenant occupied spaces.
Adopted Minutes 4 of 8 Regular Meeting of February 9, 2010
Councilmember Murdock stated as the ward representative for this area, she can't support that
type of an assessment in this economy.
Councilmember Willis stated the City can increase the street maintenance budget with tax dollars
to maintain these streets or proceed with the project so the streets are in good shape for many
years to come. He stated he's concerned about allocating more resources into streets that
continue to deteriorate.
Councilmember Stein asked if the City could do a temporary overlay that would buy time for
three to four years. Public Works Director Cote replied yes, but it would be fairly expensive. He
stated the City hasn't assessed for temporary overlays, but the Council could change that policy if
they so desired. A temporary overlay would add approximately five more years of life to the
street.
Councilmember Stein asked the representatives from Daily Printing if they could support that.
Mr. Rein stated they would need to see the amount of cost.
Public Works Director Cote recommended to not do a temporary overlay. If the assessment is a
hardship, he recommended that staff work on the assessment for this parcel given the unique
nature of the parcel.
Councilmember Stein stated if the assessment is adjusted, staff would just be shifting the costs of
the improvement to other abutting parcels. He's also not interested in placing this type of burden
on Daily Printing or continuing with maintenance costs for these streets. Therefore, he stated
he's interested in doing a temporary overlay and postponing the reconstruction project for four to
five years.
Mr. Rein stated they are currently "treading water" so far this fiscal year. He asked the Council
to look at the effect the community would have if the company was no longer in business.
Councilmember Johnson stated that she won't be supporting this project. She would like to
revisit the Special Assessment Policy that addresses case such as this parcel so that the City
doesn't put such a burden on any taxpayer in the City that causes them to take a fatal turn with
their business.
Councilmember Bildsoe stated that he doesn't support a temporary overlay. Regarding the
review of the Special Assessment Policy for businesses, if that is undertaken, then the Council
must review the Special Assessment Policy for residents.
Councilmember Black asked how many years would the assessment be spread on the property
taxes. Public Works Director replied 15 years.
Councilmember Black stated that if they are a $14 million dollar company, the yearly assessment
isn't much.
Adopted Minutes 5 of 8 Regular Meeting of February 9, 2010
Councilmember Stein stated for every road project that the Council doesn't order, it just increases
the maintenance costs which then increases everyone's taxes. Eventually the roads will need to
be reconstructed, and it will cost more.
Councilmember Black stated raising street maintenance costs also affects personnel costs for the
City.
Motion was made by Councilmember Willis, and seconded by Councilmember Black to table
this item to March 9 and have staff look at potential alternative financing mechanisms and
assessments for this project.
Councilmember Bildsoe stated the Council would need to discuss that whatever financing
alternatives are identified for this project, those alternatives would apply to other properties
within this project as well as all residential properties.
There being no further discussion and with all members voting in favor, the motion carried.
General Business
8.1) Addendum No. 2 to Agreement for Recycling Collection Services with Waste
Management
Public Works Director Cote reported on the proposed addendum. He explained that on
September 9, 2008 the Council approved a two year extension of a contract for recycling services
with Waste Management, Inc. The extension contained a provision for an additional extension of
one year. The current contract would expire on December 31, 2010.
Motion was made by Councilmember Willis and seconded by Councilmember Bildsoe to adopt
a Resolution Approving a Contract Addendum to Extend by One Year with the Contract with
Waste Management, Inc. for Recycling Services (Res2010-044). With all members voting in
favor but Black, the motion carried.
8.2) 2010 Metro Cities Dues
Administrative Services Director Portner reported that this item was tabled from January 26.
Councilmember Willis stated that there is a benefit to the community to belong to this association
as they lobby for issues concerning the metropolitan area.
Motion was made by Councilmember Willis and seconded by Councilmember Johnson to adop
a Resolution Approving Membership Dues for Metro Cities (Res2010-045).
Patricia Nauman, Executive Director of Metro Cities, requested that the Council renew their
membership with their association. She stated the City's proposed legislative priorities are
Adopted Minutes 6 of 8 Regular Meeting of February 9, 2010
consistent with their lobbying efforts with the Legislature and the Metropolitan Council. She
stressed that they are lobbying to maintain local control and policies that benefit metro cities.
She noted that they are the only organization that lobbies the Metropolitan Council. She stated
she would be happy to come back to a future Council meeting to give the Council an update on
their lobbying efforts.
With all members voting in favor, the motion carried.
Mayor Slavik requested that Ms. Nauman provide an update to the Council in six months on their
lobbying efforts.
8.3) 2010 Goals and Legislative Priorities
Administrative Services Director Portner noted that a revised list of proposed goals and
legislative priorities had been handed out to the Council this evening. Mayor Slavik added that
she suggested a few minor word changes in both documents.
Motion was made by Mayor Slavik and seconded by Councilmember Johnson to approve the
2010 City Council goals and legislative priorities. With all members voting in favor, the motion
carried.
8.4) Preliminary Engineering Report and Calling for a Public Hearing for South Shore
Drive Rehabilitation Project (10002)
Councilmember Willis stated he has a couple concerns/questions. First, he asked what the
paving width would be for the streets in this project. Second, the report indicates that the speed
humps would be removed, and he requested staff to address that. Finally, has staff reviewed the
City policy on extending public watermain to South Shore Drive, Medicine Lake, and giving
them the option to connect to our system and/or install fire hydrants.
Public Works Director Cote replied the existing roadways are 22 to 25 feet wide, and staff will be
matching the existing street widths as necessary. Staff will be trying to keep the widths a
minimum of 24 feet wide in order to provide adequate driving lanes and snow storage.
Regarding the speed humps, they would be included in the bidding of the project. Lastly,
regarding the watermain, there is a dead end watermain at two locations, and there would be a
benefit to have a loop system. He noted that the City of Medicine Lake is interested in doing an
overlay, and they are working with the owners that have requested a provision for water service.
Staff will formulate a cost sharing agreement with the City of Medicine Lake that will be
presented at the hearing. The cooperative agreement would state that only connections to the
system would only be allowed upon need for the service and upon payment therefore as they
currently don't have a need for it.
Councilmember Black commented that she prefers the speed humps be put in with the project as
they are today.
Adopted Minutes 7 of 8 Regular Meeting of February 9, 2010
Councilmember Stein stated when the roadwork was done on the north/south section of South
Shore Drive, the City removed one speed hump. Therefore, he suggested that the City just wait
and see.
Motion was made by Mayor Slavik and seconded by Councilmember Willis to adopt a
Resolution Receiving the Preliminary Engineering Report and Calling for a Public Hearing for
South Shore Drive Rehabilitation Project (10002 — Res2010-046). With all members voting in
favor, the motion carried.
Reports and Staff Recommendations
9.1) Closed Session to discuss Labor Negotiations
The Council went into closed session to discuss labor negotiations.
Adiournment
Mayor Slavik adjourned the meeting at 9:00 p.m.
Sandra R. Engdahl, Cit Clerk
Adopted Minutes 8 of 8 Regular Meeting of February 9, 2010