HomeMy WebLinkAboutCity Council Minutes 12-14-2010Adopted Minutes
Regular Council Meeting
December 14, 2010
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 December 14, 2010.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Bildsoe, Willis, Johnson, Murdock,
Black, and Stein.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Park Director Blank, Deputy
Fire Chief Springer, Police Chief Goldstein, Community Development Director Juetten, Finance
Manager Bursheim, Accounting Supervisor Mastey, Water Resources Manager Asche, Planning
Manager Senness, Human Resources Director Kone, and City Clerk Engdahl.
Plymouth Forum
Gary Lindberg, 10819 South Shore Drive, representing the Woods of Medicine Lake Townhome
Association, requested removal of the speed humps that were recently put in with the street
reconstruction project. He stated there has been an increase of noise pollution in this area. He
requested that the Council place this item on the January 25 Council agenda in order that he can
discuss this further with the Council. This would allow him time to contact residents and
assemble six solutions that will address traffic calming measures in this area without the use of
the speed humps. Mayor Slavik directed staff to place this item on the January 25 Council
agenda.
Ray Mowery, 12435 43d Avenue North, presented a petition to the Council in opposition to a
Walmart store at Rockford Road and Highway 169 (currently Four Seasons Mall site). Mayor
Slavik stated Walmart has purchased the site, but no development plans have been presented to
the City.
Presentations and Public Information Announcements
4.01) New Year's Eve Event at the Plymouth Iee Center
Park Director Blank announced this year's New Year's Eve event at the Plymouth Ice Center.
Adopted Minutes 1 of 7 Regular Meeting of December 14, 2010
Mayor Slavik requested an update from staff on the snow removal efforts from this past
weekend's storm. Public Works Director Cote provided an update as did Park Director Blank for
snow removal on City trails.
Approval of Agenda
Mayor Slavik moved item No. 8.5 under General Business as the first item under that category.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to
approve the amended agenda. With all members voting in favor motion carried.
Consent Aeenda
Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe, to
adopt the Consent Agenda that included the followingitems: Mems:
6.01) Resolution Approving 2011 Tobacco Licenses (Res2010-325).
6.02) Resolution Approving Disbursements ending December 4, 2010 (Res2010-326).
6.03) Ordinance Amending Chapter 11 of the City Code concerning Solicitors, Peddlers, and
Transient Merchants (Ord2010-22) and a Resolution Approving Summary Publication of
Ordinance (Res2010-327).
6.04) Resolution Authorizing Execution of Agreement with Minnesota Department of Public
Safety for Law Enforcement Projects (Res2010-328).
6.05) Resolution Requesting Payment No. 4 and Final for Plymouth Creek Water Quality Ponds
3105 — Res2010-329).
6.06) Resolution Approving Request for Payment No. 4 and Final for South Shore Drive Bridge
Replacement Project (4145 — Res2010-330).
6.07) Resolution Approving Filling of Wetlands and Wetland Replacement Plan for the Wild
Wings Flood Protection Improvement Project (7135 — Res2010-3 3 1).
6.08) Resolution Awarding Contract for Wild Wings Flood Protection Improvement Project
7135 — Res2010-332).
6.09) Resolution Awarding Contract for Plymouth Creek Stream Bank Restoration (8128 —
Res2010-333).
Adopted Minutes 2 of 7 Regular Meeting of December 14, 2010
6.10) Resolution Approving Reduction of Retainage for the 2010 Street Reconstruction Project,
East Parkers Lake Area (10001 — Res2010-334).
6.11) Resolution Approving amending No. 1 Residential Recycling Grant Agreement (Res2010-
335).
6.12) Resolution Accepting Utilities for Continual Maintenance for Taylor Creek (2010035 —
Res2010-336).
6.13) Resolution Approving the 2011 Monthly Contribution to Health and Dental Insurance,
Deferred Compensation and VEBA Trust Contributions for Non -Represented City Employees
Res2010-337).
6.14) Resolution Approving Request for Payment No. 2 and Final for Campus Drive/261h
Avenue Mill and Overlay and Culvert Replacement Project (8 107 — Res2010-338).
6.15) Resolution Approving Pedestrian Bridge Abutment Construction and Street Truss
Installation for West Medicine Lake Park (Res2010-339).
With all members voting in favor, the motion carried.
Public Hearings
7.1) Vacation of Highway Easements within Plymouth Station (southeast corner of County
Road 24 and Highway 55)
Public Works Director Cote reported on the proposed vacation request.
Mayor Slavik opened the public hearing for testimony.
Mayor Slavik closed the public hearing.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt
a Resolution Authorizing the Vacation of a Portion of Highway Easement within Section 20,
Township 118 North, Range 22 West (Res2010-340). With all members voting in favor, the
motion carried.
General Business
8.5) Livable Communities Planning Grant for the Four Season Site and Consideration of
Interim Ordinance
Adopted Minutes 3 of 7 Regular Meeting of December 14, 2010
Community Development Director Juetten reported that in April 2010, the City applied for a
100,000 grant from the Metropolitan Council to study the Four Seasons Mall site. With this
funding and financial assistance from Hennepin County and the Bassett Creek Watershed
District, they would prepare a market study, alternative site designs, traffic study, and storm
water/environmental review and design. Public meetings would be held with the surrounding
neighborhood to discuss possibilities for this site. The expected results of the studies would be
the creation of market -supported design alternatives that incorporate storm water and
environmental amenities to not only enhance the redevelopment of the Four Seasons Mall site
but also the greater surrounding neighborhood. On December 8, the Metropolitan Council
approved the $100,000 grant. He stated the Council has the following options for consideration
this evening:
1. Notify the Metropolitan Council that the City has determined that they do not want to
proceed with the studies at this time and reject the grant award.
2. Accept the grant aware and direct staff to proceed with developing the work plan and
completing the studies (by resolution).
3. Accept the grant award, direct staff to proceed with developing the work plan and
completing the studies and adopt a 12 -month interim ordinance to protect the
planning process.
Councilmember Bildsoe noted that the previous owner of the site wasn't interested in
participating with this study, and he asked if it's the intent to include the new owner, Walmart,
with this study. Community Development Director Juetten replied that the Metropolitan Council
stated the study would proceed with or without Walmart's participation. It will take one year to
finish the study.
Councilmember Johnson asked when Walmart was made aware of the grant application.
Community Development Director Juetten replied they were made aware of the grant application
in late July or August. He stated the City Attorney had a recent conversation with them, and their
attorney was aware that the City received the grant. City Attorney Knutson added that if the
Council approves a 12 -month moratorium on the site, and if Walmart submits an application for
redevelopment of the site during that time, the Council would need to deny the application due to
the moratorium. Community Development Director Juetten added they would have to wait an
additional six months from the time of denial before they could apply again.
Councilmember Johnson asked if this would prevent the Council from discussing any conceptual
plans that Walmart might submit during the next 12 months. Community Development Director
Juetten cautioned the Council in reviewing any conceptual plans until the study is completed.
Councilmember Stein stated the City has guided this property as a mixed use site so when the
consultant prepares the market study, will he/she work from a "wide slate" or from the
Comprehensive Plan guiding. Community Development Director Juetten replied they will be
somewhat open and looking at the surrounding land and land uses. It will be a fairly independent
study as they look at what they feel would be the best uses for the site.
Adopted Minutes 4 of 7 Regular Meeting of December 14, 2010
Motion was made by Councilmember Black, and seconded by Councilmember Willis, to accent
the grant and adopt a Resolution Directing Staff to Prepare a Study Concerning the
Redevelopment of the Four Seasons Mall Project Area (Res2010-341). With all members voting
in favor, the motion carried.
Motion was made by Councilmember Black, and seconded by Councilmember Willis, to adop
an Interim Ordinance Temporarily Prohibiting Development in the Designated Area in the Citv
Ord2010-23). With all members voting in favor, the motion carried.
8.1) Appointments to Boards and Commissions
City Clerk Engdahl read the list of appointments to the boards and commissions as recommended
by the Council from their study session conducted on December 7.
Motion was made by Mayor Slavik, and seconded by Councilmember Bildsoe, to adopt a
Resolution Appointing Council Coordinating Representatives to Other Agencies (Res2010-343).
With all members voting in favor, the motion carried.
8.2) Appointments of Council Coordinating Representatives
Mayor Slavik reported on the Council Coordinating Representatives appointments for 2010.
Motion was made by Mayor Slavik, and seconded by Councilmember Bildsoe, to adopt a
Resolution Appointing Council Coordinating Representatives to Other Agencies (Res2010-343).
With all members voting in favor, the motion carried.
8.2.1) Appointment of Deputy Mayor for 2011.
Motion was made by Mayor Slavik, and seconded by Councilmember Bildsoe, to adopt a
Resolution Appointing Ginny Black as Deputy Mayor for 2011 (Res2010-344). With all
members voting in favor, the motion carried.
8.3) Adopt 2011 Budgets, Tax Levies, and 2011-2015 Capital Improvement Program
Administrative Services Director Portner provided a report on the 2011 budgets and tax levies.
Leonard Chalamila, 3710 Dallas Lane North, questioned why his property value has increased
14% to $205,000 when his neighbor has been trying to sell their home around $190,000. Mayor
Slavik replied commercial property valuations have declined so there is a shift to the residential
properties. She encouraged him to attend the Board of Equalization meeting on April 12, 2011 to
appeal his valuation.
Grant Pearl, 3735 County Road 101 North, requested that the City not spend so much money on
parks and other amenities as there are ample facilities in the community for these uses. He stated
Adopted Minutes 5 of 7 Regular Meeting of December 14, 2010
the taxes on his home are $3,000 per year and the taxes on a similar home in Arkansas would be
15% less. Therefore, he requested there be less spending on the City level.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt
a Resolution Authorizing the 2011 HRA Lew (Res2010-345). Resolution Adopting the 2011
Budgets (Res2010-346), Resolution Adopting Properly Tax Levies for Taxes Payable 2011
Res2010-347), and a Resolution Approving 2011-2015 Capital Improvement Program (Re2010-
348). With all members voting in favor, the motion carried.
8.4) Comments regarding Minnehaha Creek Watershed District Draft Plan Amendment
Water Resources Manager Asche reported on the proposed staff comments on the Minnehaha
Creek Watershed District Draft Plan Amendment. He stated staff is very concerned that the City
can't meet all of their goals.
Councilmember Willis asked if there are other communities in the watershed district that share
similar concerns. Water Resources Manager Asche replied yes.
The Council was in agreement with adopting the resolution and comments, and they discussed
providing copies of the resolution and comments to Hennepin County Board, Board of Water and
Soil Resources, and League of Minnesota Cities.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt
a Resolution Approving Staff Comments to the Minnehaha Watershed District regarding Draft
Plan Amendment — Municipal Plan Implementation and Reporting (Res2010-349) and directing
staff to send copies of the Resolution and letter to Hennepin County Board, Board of Water and
Soil Resources, and League of Minnesota Cities.
A planner from the Minnehaha Watershed District tried to provide a little history on what has led
everyone up to this point. He explained in 2007, the watershed district updated their 10 -year
Comprehensive Plan as required by State Statute. In order to meet the water quality goals, they
identified three primary ways to improve water quality. They would improve regulations for new
development, restrict their own capital projects, and have communities do their capital projects to
assist with nutrient load. As part of that plan, the cities within the district had to prepare plans
which explained how they would assist in meeting the watershed district's goals in the district.
It's the responsibility of their office to make sure that cities are implementing their plans. Once
cities have submitted their reports to their office, which the City of Plymouth has, they have to
submit an annual report to their office. The Board of Water and Soil Resources has been copied
on the Comprehensive Plan amendment, and it won't require their approval. This just clarifies
things that have always been required and no new regulations. It also specifies what has to be in
the annual report which was part of there 2007 Comprehensive Plan. That's the essence of the
plan amendment.
He stated their board is very reasonable and open to dialogue. Their plan focuses on a plan and
communication with cities. If cities are unable to meet the local plan requirements, then the
Adopted Minutes 6 of 7 Regular Meeting of December 14, 2010
board would like to meet tot discuss what could be done the following year. There are
opportunities to meet to discuss the goals that are set out in the Comprehensive Plan. Some of
the issues that were raised involved previous language and discussion about negotiating language
in a memorandum of understanding. Sometime people forget everything that was in their initial
plans, and they entered into memorandums of understanding on what they intended to do. The
city in that document requested to be exempt for routine maintenance projects. When that's the
case, the board needs further detail from the city on what they mean by routine maintenance
projects. He stated they're not trying to create new obligations, but just fulfill their State
requirements.
Mayor Slavik stated the City of Plymouth didn't find the watershed district's correspondence a
collaborative letter due to the tone of the letter. Public Works Director Cote noted a couple
situations (Chelsea Woods and Mooney Lake projects) with the watershed district where the
issues still aren't resolved, and City staff felt these issues were resolved at a staff level. He stated
this evening's action is for approval of comments regarding the watershed district's draft plan
amendment.
A few of the Councilmembers stated this discussion shouldn't be occurring with the watershed
district's representative at this evening's meeting as that isn't his role, but the discussion needs to
occur at a higher level.
There being no farther discussion and 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 to Jake's Bar and Grill, 3131 Fembrook Lane North, at 9:12
p.m. for an annual holiday celebration.
Sandra R. Engdahl, Oty Clerk
Adopted Minutes 7 of 7 Regular Meeting of December 14, 2010