HomeMy WebLinkAboutCity Council Minutes 02-13-2007Adopted Minutes
regular Council Meeting
February 13, 2007
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 February 13, 2007.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Willis, Hewitt, Bildsoe, Black, Stein,
and Murdock.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, Police Chief Goldstein, City Attorney Knutson, Park
and Recreation Director Blank, Fire Chief Kline, Public Works Director Cote, Community
Development Director Juetten, Assistant City Engineer Beckwith, Design Engineer Rennenberg,
Administrative Services Manager McGann, and City Clerk Engdahl.
Plymouth Forum
Wally Charles, 3158 East Medicine Lake Boulevard, read a poem to the Council that he had
written.
Presentations and Public Information Announcements
4.01) Announcement of Hennepin County's Officer of the Year Award to Police Officer
Dave Anderson
Police Chief Goldstein announced that Police Officer Dave Anderson received the 2006
Hennepin County's Traffic Safety Officer of the Year Award.
4.02) Proclamation Declaring "2007 the Year to Get Ready"
Mayor Slavik read a Proclamation declaring "2007 the Year to Get Ready" for the American Red
Cross campaign for 2007.
4.03) Presentation of Award to Ellie Singer from Minnesota Recreation and Park
Association
Park and Recreation Director Blank announced that Park and Recreation Advisory
Commissioner Ellie Singer received an award from the Minnesota Recreation and Park
Association.
Approval of Agenda
Adopted Council Minutes
Regular Meeting of February 13, 2007
Page 2 of 10
Mayor Slavik added setting future study sessions to the agenda as item No. 9.2 under Reports
and Staff Recommendations.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Hewitt, to
approve the amended agenda. With all members voting in favor, the motion carried.
Consent Agenda
Mayor Slavik removed item No. 6.14.1, and it was placed under General Business as item No.
8.1.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Bildsoe, to adopt
the amended Consent Agenda that included the following items:
6.01) Minutes from the Special Meetings of January 8 and January 16 and Regular Meeting of
January 23.
6.02) Resolution Approving Disbursements for the Period Ending February 2, 2007 (Res2007-
057).
6.03) Ordinance Amending Chapters 5, 7, and 10 of the Plymouth City Code regarding License
and Permit Fees (Ord2007-06), Resolution Authorizing Summary Publication of the Ordinance
Res2007-058), and a Resolution Approving Amendments to Park Policies (Res2007-059).
6.04) Resolution Authorizing the City Manager and Police Chief to enter into an Agreement
with the Federal Government for Participation in the Federal Equitable Sharing Program
Res2007-060).
6.05) Resolutions Authorizing Summary Publication of Ordinance No's. 2007-04 and 2007-05
Res2007-061, Res2007-062).
6.06) Resolution Approving a Conditional Use Permit for Acceleration Northwest and
Orthopedic Fitness for a Sports and Fitness Club located at 2530 Xenium Lane North (2006116 —
Res2007-063).
6.07) Resolution Approving a Conditional Use Permit for Fastenal to Allow 2 percent
Accessory Retail in the I-1 Zoning District for Property located at 2530 Xenium Lane North
2006117 — Res2007-064).
6.08) Resolution Approving a Final Plat and Development Contract for Pearl of Plymouth, LLC
for "Pear of Plymouth" for Property presently addressed as 3735 and 3855 County Road 101
2005001-F — Re2007-065).
6.09) Resolution Approving Acquisition Agreement for Parcel No. 18 (PIN 22-118-22-33-
0002) for Fernbrook Lane Improvements (10 13 - Res2007-066).
Adopted Council Minutes
Regular Meeting of February 13, 2007
Page 3 of 10
6.10) Resolution Approving Reduction in Retainage for 2006 Street Reconstruction Project
6 101 - Res2007-067).
6.11) Resolution Receiving Preliminary Engineering Report and Calling for a Public Hearing
on 2007 Mill and Overlay Project, Vicksburg Lane from 32"d Avenue to Old Rockford Road
7104 - Res2007-068).
6.12) Resolution Declaring Adequacy of Petition and Setting the Public Hearing for
Considering Street Lighting within Hawthorne Ponds Addition (7119 - Res2007-069).
6.13) Resolution Approving Final Release of Financial Guarantee for Jefferson at Plymouth
2001040 - Res2007-070).
6.14.1) (This item was removed from the Consent Agenda and placed under General Business
as item No. 8.1).
6.14.2) Accept the Plymouth Advisory Committee on Transit's 2006 Annual Report and 2007
Work Plan.
6.14.3) Accept the Planning Commission's 2006 Annual Report and 2007 Work Plan.
6.15) Resolution Approving Final Release of Financial Guarantee of Pike Lake Woods
Addition (97079 — Res2007-071).
6.16) Resolution Authorizing the Mayor and City Manager to Execute an Amended
Development Contract for "Plymouth Crossroads Station" — a Redevelopment of the Plymouth
Shopping Center Area located South of Highway 55 and East of Cottonwood Lane (2005121-F —
Res2007-072).
6.17) Resolution Approving Agreement with Hennepin County for Maintenance of Traffic
Control Signal Systems (Res2007-073).
6.18) Resolution Approving the Grade, Title, and Salary Range for IS Manager and
Applications. Manager in Information Technology (Res2007-074).
6.19) Approve acquisition of Cisco Systems for IP Telephony for telephone and voice mail
system.
6.20) Resolution Approving Payment to Govern for Annual Software Maintenance (Res2007-
075).
6.21) Resolution Designating Funding for Public Improvement.Projects (Res2007-076).
6.22) Resolution Declaring Official Intent of the City to Reimburse Certain Expenditures from
the Proceeds of Bonds to be issued by the City (Res2007-077).
Adopted Council Minutes
Regular Meeting of February 13, 2007
Page 4 of 10
Motion carried to approve the Consent Agenda.
Public Hearings
7.01) Project Hearing for Hawthorne Ponds for 2007 Street Reconstruction (7101)
Design Engineer Rennenberg gave a brief overview of the proposed project. The project
includes reconstruction of the street, watermain replacement, and replacement of curb and gutter
and storm sewer where necessary. He stressed that all the streets have been rated by staff and are
within the street reconstruction limits. All the streets in this area would then be on the same
maintenance schedule. Properties would be assessed 40% of the street reconstruction costs, and
curb and gutter and storm sewer replacement where necessary would be assessed at 100% for
those costs. He noted some of the residents' concerns shared with staff that included: .
1. West side ofHawthorne Ponds has not seen that many watermain breaks. Staff noted
that there have been three breaks in this area in 25-30 years, and two of the breaks are
likely caused by the ductile iron pipe corroding.
2. Existing concrete curb and gutter does not need to be replaced. Staff noted with the
utility replacement/installation, it is estimated that more than half of the existing curb will
be removed; therefore, it is more cost effective to replace it all at this time.
3. The streets to not need to be replaced now. (All streets are within the street
reconstruction rating).
4. The values ofproperties would not increase by the value of the proposed assessment.
According to a market analysis completed by a certified appraiser, the assessments are
substantiated).
5. The storm sewer could be reduced or eliminated to save money. (The proposed storm
sewer system is designed to meet the current standards).
Mayor Slavik opened the public hearing for testimony.
Jennifer Martin, 17910 Queensland Court, voiced her opposition to the project for the west side
of the proposed project area as there are no water issues in this area, they weren't part of the
original petition drive, and they don't feel the value of their property would increase due to the
improvements.
David Davenport, 17800 6th Avenue North, agreed with Ms. Martin's comments.
Ray Hackett, 505 Queensland Lane North, stated on their street there are at least 15 existing or
potential lots that haven't been built upon; therefore, this project would be important to those
property owners.
John Silbaugh, 17700 6th Avenue North, encouraged the Council to proceed with this project as
the costs are going to increase. In addition, there is a lot of standing water in his neighborhood
so drainage is an issue.
Adopted Council Minutes
Regular Meeting of February 13, 2007
Page 5 of 10
Annette Kaiser, 115 Queensland Lane, stated she doesn't support the proposed curb and gutters
as they would prevent the water from draining on the lawns.
Mary Boehlke, 17935 2nd Avenue North, concurred with Ms. Martin's comments. She
encouraged the Council to consider a more individualized approach for the west part of the
project if some paving is needed or water issues that should be addressed.
Dmitry Osipov, 130 Queensland Lane, stated he's opposed to the project, and he stated the
project needs to be fiuther analyzed to determine if the project is really necessary.
Tom Karkela, 17910 2nd Avenue North, stated he's opposed to the project, and he noted that five
of the seven lots in his cul-de-sac oppose this project.
Dennis Bilske, 18910 30th Avenue North, stated his lot at 440 Queensland Lane is being assessed
at 2.5 times the normal assessment, which isn't equitable. He noted that in the future there could
be 13 additional homes to be constructed on the north end of Queensland, so that should be taken
into consideration with the design of the road and the sewer.
Lynn Strauss, 17815 6th Avenue North, stated the cost of the project is twice what they were told
when they signed the petition. Therefore, the Council should consider a deviation from the 40%
assessment rate.
Jeff Zipfel, 18140 3rd Avenue North, stated he supports the project as there is 200 feet of
waterline that runs through his property. With the proposed project, that would be relocated
back into the street.
Guillermo Irisarri, 18075 2nd Avenue North, stated he's on the west part of the development, and
in 20 years he hasn't witnessed any water main breaks; but he has seen standing water. He is
opposed to the project, but would consider improvements that would improve certain conditions.
Sid Stivland, 17725 6th Avenue North, stated they signed the petition several years ago with a
whole different assumption as it relates to the cost. If this project were to be separated, the costs
would increase for the east part.
Jonathan Hess, 18105 2nd Avenue North, agreed with Ms. Martin's comments. He stated the
City would save money by not doing the west side of the project. Five of the six property
owners in his neighborhood are opposed to the project.
Scott Johnson, 330 Merrimac Lane North, stated he doesn't support the high back curbs, and he
stated all the water goes through his property (standing water three feet high) and drains to 3rd
Avenue.
Joe Sorrentino, 525 Queensland Lane, stated he's opposed to the street reconstruction project for
the west side. He noted that he would need to pay assessments on two of his additional lots on
6th Avenue. Those lots would need curb and gutter as currently there is a shallow curb. He
Adopted Council Minutes
Regular Meeting of February 13, 2007
Page 6 of 10
requested the Council to reduce the scope of the project with portions of the project that don't
need to be done now.
Mark Washa, 205 Queensland Lane, stated their road was recently overlayed, and they received
a good evaluation. He stated the proposed project would interfere with the extensive landscaping
that has been done in the neighborhood.
Michael Olesen, 17800 3rd Avenue North, stated he had never seen the petition that was
circulated a several years ago. Originally, it appeared there would be a $6,000 assessment, but
now that has doubled. The City should focus on where the problems are, not just broadening the
proj ect.
Eric Braun, 215 Queensland Lane, stated he is opposed to the project. He stated including the
west area -is subsidizing the project for the east side.
Larry Aubuchon, 17930 Queensland Court, voiced his opposition to the project. He.stated
within the proposed project area, there are four to five cul-de-sacs that have been constructed in
the 1980's that have adequate infrastructure. Therefore, those should be excluded.
Brad Washa, 17925 3rd Avenue North, stated he is opposed to the project.
Michael Boe, 17925 2nd Avenue North, stated he is opposed to the project.
Mike Caticchio, 17805 0' Avenue North, stated he supports the project for his area. However,
he requested that they receive the same assessment rate that the Burl Oaks neighborhood
received.
Steve Peschl, 17935 Queensland Court, stated he is opposed to the project.
There being no one else wishing to appear before the Council to give testimony, Mayor Slavik
declared the public hearing closed.
Public Works Director Cote answered the questions that were raised during the hearing. He
stressed that the watermain costs are not assessed, and the street reconstruction is warranted in
this area. An overlay wouldn't be a cost effective way in addressing the pavement condition.
The proposed high back curb is standard, and it keeps the water within the roadway while also
defining the roadway so motorists don't drive on lawns. Mr. Bielski's assessment, which is 2.5
times the normal assessment, would be reviewed by the City Attorney. Due to the age of the
petition, staff is recommending that six out of seven Councilmembers support the project.
The Council discussed removing the west part of the project. However, the streets would remain
in poor condition, and a lot of City funds would be spent on asphalt and equipment costs in
repairing potholes and watermains. It could be at least 10 years before this west neighborhood
would receive a street improvement if it's removed from this project. In addition, if the entire
project would be rejected, it would be impossible to replace with another project for this year.
The Council also noted that street reconstruction costs would continue to increase in the future.
Adopted Council Minutes
Regular Meeting of February 13, 2007
Page 7 of 10
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt
a Resolution Ordering 1111provement and Preparation of Plans and Specifications for 2007 Street
Reconstruction Project (7101) for only the original east area (Hawthorne Ponds petitioned area).
The west area of the project would be excluded.
Mary Boehlke and Mary Mueller stated that the neighborhood would need time to reconsider if
it's the Council's intention to exclude the west area.
City Attorney Knutson stated that the Council couldn't reconsider whatever action they take.this
evening. Therefore, the Council could approve the east area this evening and postpone the
decision on the west area to the next meeting if that is what the Council desires.
Motion was made by Councilmember Black, and seconded by Councilmember Stein, to amend
the main motion to table consideration of the west area of the project until February 27.
With Stein, Black, Willis, Bildsoe, and Murdock voting yes, and Hewitt and Slavik voting no,
the motion carried.
The Council voted on the amended main motion and with Stein, Black, Willis, Bildsoe, and
Murdock voting yes, and Hewitt and Slavik voting no, the motion failed.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt
a Resolution Ordering Improvement and Preparation of Plans and Specifications for 2007 Street
Reconstruction Project (7101) for only the original east area (Hawthorne Ponds petitioned area).
The west area of the project would be excluded. With Black, Hewitt, Murdock, and Slavik voting
yes, and Stein, Willis, and Bildsoe voting no, the motion failed.
Motion was made by Mayor Slavik and seconded by Councilmember Willis, to reconsider the
original motion which is to adopt a Resolution Ordering improvement and Preparation of Plans
and Specifications for 2007 Street Reconstruction Project (7101 — Res2007-078), for only the
orisinal east area (nroiect area defined as nronerty located west of Countv Road 101 to, and
d Lane, from the Luce Line Trail to 6`n Avenue, includinz 2"" Avenue
and Narcissus Lane
Avenue east of Oueensland Lane) and to table consideration of the west part until February 27).
With all. members voting in favor but Hewitt, the motion carried.
The Council voted on the main motion and with all members voting in favor but Hewitt, the
motion carried.
7.02) Project Hearing for City View Acres for 2007 Street Reconstruction (7107)
Design Engineer Rennenberg gave a brief overview of the proposed project. The project
includes reconstruction of the street, watermain replacement, and replacement of curb and gutter
and storm sewer where necessary. He stressed that all the streets have been rated by staff and are
within the street reconstruction limits. Properties would be assessed 40% of the street
Adopted Council Minutes
Regular Meeting of February 13, 2007
Page 8 of 10
reconstruction costs, and curb and gutter and storm sewer replacement where necessary would be
assessed at 100% for those costs.
Mayor Slavik opened the public hearing for testimony.
Imants Sturnieks, 16930 12th Avenue North, stated the drainage of his property flows to the
pond. He stated 39 residents have signed a petition opposing the storm sewer.
Dan Aldrich, 1200 Dunkirk Lane, requested the Council to consider other options as the curb and
gutter and storm sewer costs are increasing the assessments.
Kevin Knacke, 17020 12th Avenue North, voiced his support for the street resurfacing; however,
the storm sewer and curb and gutters are discretionary.
Kurt Homan, 17220 9th Avenue North, agreed that the street needs to be reconstructed; however,
the storm sewer wouldn't be effective for the drainage in the neighborhood. He is also opposed
to the curb and gutter.
Mary Norton, 16615 14th Avenue North, voiced her opposition to the project. She presented a
petition to the Council where nine of 10 property owners are opposed to the project.
Jonathan Walther, 17005 1 lth Avenue North, challenged the perception that costs are going to
increase in the next five to 10 years, as there are ways to do things better. He requested that the
curb and gutter and storm sewer portions of the project be deleted.
Jim Hembre, 16740 14th Avenue North, voiced his support for the project. He noted that the
storm sewer goes across his property and there is standing water on his property in the spring.
Clinton Asche, 18005 20th Avenue North, compared the proposed assessment rate of this project
to the assessment rate that the Burl Oaks neighborhood received. He requested that the Council
reconsider assessing 20%-25% of the project cost, rather than 40%.
Lynes Getten, 16800 9th Avenue North, stated his street is very short that doesn't.go very far.
Therefore they shouldn't be assessed at the full rate when they have only a half of a street.
Scott Qualle, 17030 13th Avenue North, stated the road conditions in his neighborhood are the
worst in the City. He stated he supports the curb and gutter, but the storm sewer should only be
installed where necessary.
Joe Abrahamson, 17301 14th Avenue North, agreed with Mr. Qualle, and he noted there a
number of trees that are currently on the street. He questioned who would be responsible for the
cost of removing those trees.
John Parod, 17320 14th Avenue North, stated he supports the road reconstruction, but questioned
if the storm sewer is necessary for 13th and 14th Avenues.
Adopted Council Minutes
Regular Meeting of February 13, 2007
Page 9 of 10
John Hackenmueller, 1215 Dunkirk Lane, voiced his support for the street reconstruction but
questioned the necessity of curb and gutter and storm sewer.
Bob Vansambeek, 17315 12th Avenue North, stated he supports the street reconstruction, but
there is no point in constructing rain gardens when the natural flow of the land exists.
Leo Theis, 17135 12th Avenue North, stated he doesn't see a need for the proposed bump outs.
Jennifer Slater, 17130 11th Avenue North, stated she supports the road reconstruction. However,
she requested redesigning the curb and gutter similar to the Burl Oaks neighborhood and offering
seniors a deferment or pro rata on their assessments.
Linda Pinnell, 16635 14th Avenue North, stated she doesn't support the project as their streets are
in good condition, and they don't need curb and gutter and storm sewer.
Tom Kampmann, 16815 14th Avenue North, questioned if property owners could have driveway
work done, and if the row of trees on 6th would be removed.
Dan Merz, 17230 12th Avenue North, stated the bump outs are unnecessary. He questioned the
need for the storm sewer.
Ken Campbell, 16820 and 16910 9th Avenue, questioned the need for the storm sewer as the area
drains into Gleason Lake or sits in a holding pond. He stated he would support a change in the
type of curb and gutter, similar to what the Burl Oaks neighborhood received. He supports
reconstruction of the street.
Carol Burgess, 16705 12th Avenue North, agreed that the condition of the streets is bad;
however, she would like to know what the plans are for the existing storm sewer.
Wayne Norton, 16615 14th Avenue North, stated he is opposed t6 the project.
There being no one else wishing to appear before the Council to give testimony, Mayor Slavik
declared the public hearing closed. ,
Design Engineer Rennenberg discussed the plans for the storm sewer and stressed that the goal is
to get the water off the street into a storm sewer system, whether it's the holding ponds or
Gleason Lake. Regarding the curb and gutters in the Burl Oaks neighborhood and the proposed
curb and gutters for this project, these are completely different areas considering the topography
and the layout of the streets. He noted that majority of the trees along 6th Avenue would remain.
Public Works Director Cote stated the pond near 10, Avenue would be reviewed as part of the
City's pond maintenance program. He also stated that there is a senior citizen deferral program
for senior citizens.
Councilmember Black suggested that staff review the option of ribbon curbs, as they could
decrease the discharge into Gleason Lake with the storm sewer system. Due to the clay soils in
the neighborhood, this type of curb might work better and still keep with the character of the
Adopted Council Minutes
Regular Meeting of February 13, 2007
Page 10 of 10
neighborhood.
Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adopt a
Resolution Ordering Improvement and Preparation of Plans and Specifications for 2007 Street
Reconstruction Project (7101 — Res2007-079) and to direct staff to review/consider the option of
ribbon curbs. With all members voting in favor but Bildsoe, the motion carried.
7.03) Project Hearing for Black Oaks Lane for 2007 Street Reconstruction (6102)
Assistant City Engineer Beckwith reported on the proposed project which consists of street
reconstruction, and curb and gutter and storm sewer installation. This is a joint project with the
City of Minnetonka. Properties would be assessed 40% of the street reconstruction costs. The
width of the roadway would be 22 feet, with parking on only one side of the street.
Mayor Slavik opened the public hearing for testimony.
John Penshorn, 120 Black Oaks Lane, provided a few comments regarding the final design of the
hammerhead, the width of the road, and drainage of the area.
There being no one else wishing to appear before the Council to give testimony, Mayor Slavik
declared the public hearing closed.
Motion was made by Councilmember Stein, and seconded by Councilmember Willis, to adopt a
Resolution Ordering Improvement and Preparation of Plans and Specifications for Black Oaks
Lane Reconstruction Project (6102 — Res2007-079). With all members voting in favor, the
motion carried.
General Business
Motion was made by Councilmember Bildsoe, and seconded by Myor Slavik, to postpone the
remainder of the agenda items under General Business and Reports and Staff Recommendations
to the February 27 Council meeting. With all members voting in favor, the motion carried.
Adiournment
Mayor Slavik adjourned the meeting at approxii9ately 12:35 a.m.
Sandra R. Engdahl, City erk