HomeMy WebLinkAboutCity Council Minutes 05-08-2007Adopted Minutes
Regular Council Meeting
May 8, 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 May 8, 2007.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Hewitt, Stein, Black, Murdock, Bildsoe,
and Willis.
ABSENT: None
STAFF PRESENT. City Manager Ahrens, Police Chief Goldstein, City Attorney Knutson, Park
and Recreation Director Blank, Fire Chief Kline, Community Development Director Juetten,
Administrative Services Director McGann, Finance Manager Jacobson, Accountant Ecker,
Accounting Technician Weitgenant, and City Clerk Engdahl.
Plymouth Forum
Kurtis Nusbaum, 16020 12th Avenue North, gave a short presentation for municipal wireless
broadband network in the community. Mayor Slavik stated the Council has discussed this item
in 2005, and she requested that staff send a copy of the report that had been prepared to Mr.
Nusbaum.
Presentations and Public Information Announcements
4.01) Presentation of 2006 Certificate of Achievement for Excellence in Financial
Reporting
Administrative Services Director McGann announced that the Finance Division recently received
the 2006 Certificate of Achievement for Excellence in Financial Reporting. She acknowledged
key staff members who were present at the Council meeting (Finance Manager Jacobson,
Accountant Ecker, and Accounting Technician Weitgenant).
Mayor Slavik congratulated Police Chief Goldstein in being recognized by the International
Critical Incident Stress Foundation for his visionary leadership in personnel care and strong
support of critical incident stress management initiatives.
Councilmember Black Ginny announced the Special Collection Day on May 19 from 9:00 a.m-
3:30 p.m. at the Public Works Maintenance Facility.
Approval of Agenda
Motion was made by Councilmember Hewitt, and seconded by Councilmember Stein, to ap rpove
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Regular Meeting of May 8, 2007
Page 2 of 6
the a enda. With all members voting in favor, the motion carried.
Consent Agenda
Item No. 6.08 was removed from the agenda, and it was tabled to the May 22 Council meeting.
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 April 24 Board of Appeal and Equalization and Regular Meeting of
April 24.
6.02) Resolution Approving Disbursements for the Period Ending April 28, 2007 (Res2007-
204).
6.03) Resolution Approving Request for Payment No. 7 and Final for 2005 Street
Reconstruction Project (5101— Res2007-205).
6.04) Resolution Approving Acquisition Agreement for Parcel No. 1 (PIN 21-118-22-44-0021)
for Fernbrook Lane Improvements (10 13 - Res2007-206).
6.05) Resolution Approving a Cooperative Agreement with Bassett Creek Watershed
Management Commission for West Medicine. Lake Park Pond Improvements (3105 — Res2007-
207).
6.06) Resolution Receiving Preliminary Engineering Report and Ordering Improvements for
West Medicine Lake Park Pond Project, Plymouth Creek Phase I (3105 - Res2007-208).
6.07) Resolution Accepting Donation of a Portable Bullet Trap from a Citizen, Retaining for
City Equipment and Designating Such for Use by the Police Department (Res2007-209).
6.08) (This item was tabled to the May 22 meeting).
6.09) Resolution Approving 2007 Contribution to the Plymouth Civic League (Res2007-210)
6.10) Resolution Approving Cost -Share Assistance Contract with the Hennepin County
Department of Environmental Services for the Natural Resource Incentives for Critical Habitat
Grant (7 101 & 7107 — Res2007-211).
6.11) Resolution Approving Load Assessment Report for the Municipal Separate Storm Sewer
MS$) General Permit (Res2007-212).
6.12) Resolution Awarding Bid for 2007 Seal Coat Program (7117E — Res2007-213).
6.13) Resolution Approving Final Release of Financial Guarantee for Ponderosa Woods 3rd
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Regular Meeting of May 8, 2007
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Addition (94004 — Res2007-214).
6.14) Resolution Approving Encroachment Agreement for a Retaining Wall over Lots 5
through 10, Block 3, Taryn Hills 6th Addition (Res2007-215).
6.15) Resolution Approving Encroachment Agreement for Lot 2, Block 5, Deerwood Estates,
4700 Balsam Lane (Res2007-216).
6.16) Acceptance of 2008 Suburban Rate Authority's budget.
6.17) Resolution Authorizing Public Works Staff to Proceed with Preliminary Engineering and
Engineering Activities on Projects Programmed for 2008 in the 2007-2011 Capital
Improvements Program (Res2007-217).
6.18) Resolution Accepting the Donation of Money (In Concept) from the Plymouth Crime and
Fire Prevention Fund for the Future Purchase of a Vehicle for the Police Swat Team (Res2007-
218).
6.19) Resolution Approving Contract with Metro Wood Recycling to provide Wood Waste
Grinding and Transportation Services (Res2007-219).
Motion carried to approve the Consent Agenda.
Public Hearings
7.01) Purchase and Sale of Tax Forfeited Property to Nanterre Homeowners Association
Administrative Services Director McGann reported on the purchase and sale of tax forfeited
property to the Nanterre Homeowners Association. She explained that this parcel is "common
area" that is used for monument signing.
Mayor Slavik opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Slavik
declared the public hearing closed.
Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adopt a
Resolution Authorizing the Purchase and Sale of Tax -Forfeited Property and Dispensing with
Statutory Requirements for Review by Planning Commission of the Acquisition and Disposal of
the Property (Res2007-220).
Councilmember Hewitt suggested that in the future, staff personally contact the presidents of
j homeowners associations in addition to sending correspondence, as presidents change from year
to year.
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Regular Meeting of May 8, 2007
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There being no further discussion and with all members voting in favor, the motion carried.
7.02) Vacation of all Platted Drainage and Utility Easements within Outlot M, Taryn Hills
Public Works Director Cote reported on the proposed Vacation.
Mayor Slavik opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Slavik
declared the public hearing closed.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to adopt
naResolutionAu+h,11:G1ng the Vacation of aill Drainage antd +111+y Easements within nJ„+10+ p
Taryn Hills (Res2007-221). With all members voting in favor, the motion,carried.
General Business
8.01) Findings of Fact Denying RSF-2 Zoning for 3120 Dunkirk Lane (2007025)
Community Development Director Juetten reported on the proposed findings of fact for denying
the RSF-2 zoning for 3120 Dunkirk Lane.
Jupe Hale, 3210 Fountain Lane, requested consideration for open space on this parcel, which
would require the developer to dedicate land as opposed to park dedication fee. He stated that
the neighborhood isn't requesting a full service park (i.e. play structures, backstop, play spaces),
but simply reserving space for recreational and non -organized type uses.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Hewitt, to adopt
a Resolution Approving Findings of Fact for Denial of the RSF-2 Rezoning Request by Gon ea
Development, LLC for Property located at 3120 Dunkirk Lane North (2007002 — Res2007-222).
With all members voting in favor but Black, the motion carried.
8.01.1) Preliminary Plat for "Dunkirk Addition” located at 3120 Dunkirk Lane (2007002)
Community Development Director Juetten reported on the eight -lot preliminary plat based on the
RSF-1 zoning.
Motion was made by Councilmember Willis, and seconded by Councilmember Hewitt, to adopt
a Resolution Approving a Preliminary Plat for Gonyea Development, LLC for "Dunkirk
Addition" for Property presently Addressed as 3120 Dunkirk Lane North (2007002 — Res2007-
222).
J Motion was by Councilmember Murdock, and seconded by Councilmember Willis, to amend
Condition No. 8 of the Resolution to require land dedication instead of park dedication fee.
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Community Development Director Juetten illustrated the suggestion of Mr. Hale for land
dedication on the northeast side of the parcel for open space/recreational area. He stated he is
unsure what the shape of the park property would be in order to make the lots conforming and
not affecting the rear yards of a couple of the lots. Park and Recreation Director Blank added
there would be a drawback for two of the lots as the playfield would be adjacent to the side yards
of those homes. He noted that of the 77 acres of open space in the Mapledell area, half would be
usable.
The Council voted on the amendment and with all members voting against the motion but
Murdock, the motion failed.
The Council voted on the main motion and with all members voting in favor but Murdock, the
motion callleLL.
8.02) Variances to allow Construction of New Home on a Non -Conforming Lot and for
Impervious Surface Coverage for Property located at 2560 Medicine Lake Boulevard East
Cory and Ellen Tell — 2007024)
Community Development Director Juetten reported on the proposed Variances being requested
for the new home at 2560 Medicine Lake Boulevard. He stated that since the Planning
Commission meeting, staff received correspondence from an adjacent property owner who is
requesting that the proposed home be shifted to the back of the property as it would affect his
views. The proposed home would be five feet and the garage would be 15 feet in front of the
neighboring house to the south. He stated the current Zoning Ordinance requires a 25 foot front
setback, and the applicant is proposing a 40 -foot front setback.
Warren Chapman, 2550 East Medicine Lake Boulevard, stated they were unaware that the
setbacks changed since they built their home 20 years ago. He requested that the setback be
consistent with adjacent properties as this would affect his side view, not the front view to the
lake, and he is concerned about future development in existing neighborhoods.
Ralph Tally, 4043 Brookside Avenue, stated the Council should make sure that the applicants
meet all provisions for the Variances. He also requested that the applicants' setbacks be
consistent with the property owners to the north and south.
Motion was made by Councilmember Stein, and seconded by Councilmember Hewitt, to table
this item to May 22 as the applicants weren't present to answer the Council's questions. With all
members voting in favor, the motion carried.
8.03.1) Award Contract for Hawthorne Ponds Reconstruction Project (7101)
Public Works Director Cote reported on the low bid received from Palda and Sons, Inc. in the
amount of $2,456,890.88 for the above project, which is 25% less than the engineer's estimate.
Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adopt a
Resolution Awarding Construction Contract for 2007 Street Reconstruction Project to Paulda
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Regular Meeting of May 8, 2007
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and Sons, Inc. (7101— Res2007-224). With all members voting in favor, the motion carried.
8.03.2) Award Contract for City View Acres Reconstruction Project (7107)
Public Works Director Cote reported on the low bid award received from Palda and Sons, Inc. in
the amount of $2,596,528.81 for the above contract, which is 33% less than the engineer's
estimate. He clarified that currently the City doesn't have the permit from the watershed district
but is confident that any issues would be resolved.
Motion was made by Councilmember Willis, and seconded by Councilmember Hewitt, to table
this item to May 22 pending the issuance of the permit from the watershed district.
The concern was raised about the staging of this project and the Hawthorne Ponds project as the
low bids were received from the same contactor.
Jay Palda, bidder, assured the Council that they focus on neighborhood reconstruction projects.
In addition, they would have adequate staff, good supervision, and they would work with the
neighborhood as they are very familiar with concerns that are expressed by residents during
reconstruction projects.
Motion was made by Councilmember Stein, and seconded by Councilmember Black, to adopt a
Resolution Awarding Construction Contract for 2007 Street Reconstruction Project to Palda and
Sons, Inc. contingent upon receipt of the permit from the watershed district consistent without
M subsequent added conditions as recommended b tengineers (7107 - Res2007-225). With
all members voting in favor, the motion carried.
The Council voted on the main motion and with all members voting in favor, the motion carried.
Reports and Staff Recommendations
9.1). Legislative Update
There was no legislative update.
Adi ournment
Mayor Slavik adjourned the meeting at approximately 8:17 p.m.
andra R. Engdahl, City erk