Loading...
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