HomeMy WebLinkAboutCity Council Minutes 06-12-2007Adopted Minutes
Regular Council Meeting
June 12, 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 June 12, 2007.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Hewitt, Stein, Black, Murdock, and
Willis.
ABSENT: Councilmember Bildsoe.
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, Administrative Services Director McGann, IS Manager Krause,
Applications Manager Anderson, Planning Manager Senness, Support Services Supervisor Cox,
and City Clerk Engdahl.
Plymouth Forum
David Priebe, 3825 Forestview Lane, discussed the 26 acres of property adjacent to French Park
that the Three Rivers Park District purchased from the City in the 1980s for $100,000. He
explained that when this property was sold to the Three Rivers Park District, there was no
documentation containing restrictive covenants or that it should remain open space. He
requested that the Council take remedial action (i.e. withhold approvals, don't approve any
improvements contrary to open space property, encourage permanent restrictions on the
property, or buy back the property for $100,000 and put it under open space control). He also
requested that the Council consider establishing an open space committee again. Mayor Slavik
requested that staff prepare a report for a fiiture Council Information Memorandum for the
Council to review based on Mr. Priebe's comments and suggestions. In addition, staff should
include an update on County Roads 9/61 erosion projects.
Tom Gallagher, 10500 South Shore Drive, discussed his concern regarding swimmer's itch at the
east beach on Medicine Lake. Park and Recreation Director Blank thanked Mr. Gallagher for the
notice and stated that staff treats the public beaches when they receive a report.
Presentations and Public Information Announcements
4.01) 2006 Audit Report
Aaron Nielsen and Jim Eichten, from Malloy, Montague, Karnowski, Radosevich and Company,
the City's auditing firm, provided a brief overview of the 2006 Comprehensive Annual Financial
Report which was discussed with the Council at the Special Council Meeting held earlier this
evening.
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Regular Meeting of June 12, 2007
Page 2 of 8
Motion made by Councilmember Hewitt and seconded by Councilmember Stein to adopt a
Resolution Accepting the 2006 Comprehensive Annual Financial Report and Audit (Res2007-
243. With all members voting in favor, the motion carried.
4.02) Announcement of Music in Plymouth on July 5
Barbara Willis, Kris St. Martin, and Mele Willis of the Plymouth Civic League, spoke of this
year's Music in Plymouth on July 5 at the Hilde Performance Center as well as the 5K run on
June 30.
4.03) Announcement of Governor's Appointment of Terry Cheng to the Council on Asian -
Pacific Minnesotans
Councilmember Hewitt announced that resident Terry Cheng was recently appointed by the
Governor to serve on the Council on Asian Pacific Minnesotans.
Approval of Agenda
Motion was made by Councilmember Hewitt, and seconded by Councilmember Black to
approve thea enda. With all members voting in favor, the motion carried.
Consent Agenda
Item No. 6.21 was removed from the Consent Agenda and tabled to a later date.
Item No's. 6.06 were removed and placed as item No's. 8.005 and 8.04 under General Business
respectively.
Motion was made by Councilmember Hewitt and seconded by Councilmember Black to adopt
the Consent Agenda that included the following items:
6.01) Minutes from the Special and Regular Meetings of May 22.
6.02) Resolution Approving Disbursements for the Period Ending June 2, 2007 (Res2007-244).
6.03) Resolution Approving Interim Use Permit for Dan and Mary Balloy to allow
Construction of a New Home Prior to Removal of an Existing Home, for Property located at
2385 West Medicine Lake Boulevard (2007030 — Res2007-245).
6.04) Ordinance Adopting Cheshire Lane Street Name Change (Ord2007-12).
6.05) Resolution Approving a Site Plan and Variance for John Day Company for a Bank at the
Southeast Corner of 37th Avenue and Vicksburg Lane (2007027 — Res2007-246).
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Regular Meeting of June 12, 2007
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6.06) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.005).
6.07) Resolution Amending Resolution No. 2006-422 Approving a Final Plat and Development
Contract and Amending the Development Contract for "Plymouth Crossroads Station" for Dove
Capital I, LLC for 19.34 Acres of Land located South of Highway 55 and East of Cottonwood
Lane (2005121-F — Res2007-247).
6.08) Resolution Approving Findings of Fact for a Zoning Ordinance Text Amendment to
allow Dry Cleaning with Processing Facilities in the Commercial Districts (2007031 — Res2007-
248).
6.09) Resolution Approving a Final Plat for "Fretham Sixth Addition" for Two Single -Family
Lots for Property located at 1900 East Medicine Lake Boulevard (2006121-F — Res2007-249).
6.10) Resolution Approving a Setback Variance to allow Construction of an Addition for
Property located at 5630 Sycamore Lane (2007052 — Res2007-250).
6.11) Resolution Affirming Activity Friendly Commitments (Res2007-251).
6.12) Resolution Accepting Donation of a Thermal Imager and Mobilelink Receiver from a
Boston Scientific Retaining for City Equipment and Designating Such for Use by the Police
Department (Res2007-252).
6.13) Resolution Approving Cancellation of Contract with Plymouth Covenant Church
Res2007-253).
6.14) Resolution Authorizing Execution of Grant Agreement with the Minnesota Department of
Public Safety for Safe and Sober Communities (Res2007-254).
6.15) Resolution Approving Agreement with the Metropolitan Council for the Metro -
Environment Partnership Grant for Plymouth Creek Regional Pond (3105 — Res2007-255).
6.16) Resolution Approving Agreement with State Board of Water and Soil Resources for
County Roads 9/61 Erosion Repair (4135 — Res2007-256).
6.17) Resolution Approving Preliminary Engineering Report for County Roads 9/61 Erosion
Repair (4135 — Res2007-257).
6.18) Resolution Approving Contract for Sentence to Service Work Crew Program (Res2007-
258).
6.19) Resolution Approving Traffic Control Signal Agreement with the Minnesota Department
of Transportation for Traffic Signals on Fernbrook Lane (Res2007-259).
6.20) Resolution Authorizing No Parking on the South Side of Second Avenue from Vicksburg
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Regular Meeting of June 12, 2007
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Lane to Ranchview Lane (Res2007-060).
6.21) (This item was removed from the Consent Agenda and placed under General Business
and tabled to a later date).
6.22) Resolution Approving Encroachment Agreement for Construction of a Wood Deck at
11615 40th Avenue (Res2007-261).
6.23) Resolution Approving Final Release of Financial Guarantee for Plum Tree East 4th
Addition (200245 — Res2007-262).
6.24) Resolution Approving Encroachment Agreement for Construction of a Deck at 4704
Vagabond Lane (Res2007-263).
6.25) Resolution Approving Encroachment Agreement for Retaining Wall at 2385 West
Medicine Lake Drive (Res2007-264).
6.26) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.04).
6.27) Resolution Approving the Purchase of Replacement Tractor Loader Backhoe (Res2007-
265).
Motion carried to approve the Consent Agenda.
Public'Hearin2s
There were no public hearings scheduled.
General Business
8.001) Resolution Approving a Conditional Use Permit for Vladimir and Andrea Kelman
to allow an Attached Garage Containing Over 1,000 square feet for Property located at
1010 Garland Lane North (2007040)
Vladimir Kelman, applicant, requested that condition No. 4 of the resolution be removed for
safety and aesthetic reasons, which would require him to install two standard -sized, swing doors
with a maximum width of eight feet instead of an overhead garage door. He explained his
contractor was concerned about the requirement, as it's much easier to secure a single overhead
door. In addition the double -swing doors are known for breaking more easily, especially if
swung to the outside. He showed the design of the single overhead door which would fit with
j the character of the neighborhood.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Stein, to table
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Regular Meeting of June 12, 2007
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this item to the June 26 meeting in order that the applicant could present the design of a specific
overhead garage door. With all members voting in favor, the motion carried.
8.01) Police Records Management Software
City Manager Ahrens stated at the May 22 Special Meeting, the Council discussed the donation
of police records management software from the Law Enforcement Technology Group. Staff has
researched the functionality of the software and other cities experience, which studies are
contained in the staff report along with conversion and annual maintenance costs of the software.
Motion by was made by Councilmember Hewitt, and seconded by Councilmember Black, to
adopt a Resolution Terminating Contract with LOGIS for Police Record Management Services
Res2007-266) Resolution Accepting Donation of Police Records Management Software from
the Law Enforcement Technology Group (Res2007-267), and a Resolution to Contract with a
Public Officer (Res2007-268). With all members voting in favor, the motion carried.
8.02) Ordinance Approving Electric Franchise Agreement with Xcel Energy
Public Works Director Cote reported on the proposed franchise agreement with Xcel Energy.
Two concerns expressed by the Council were the City's opportunity to have the right in the
future, to implement a franchise fee in accordance with other cities of the second class without
the need for negotiations, and lastly, a provision for notification to break the contract. The
Council suggested that the City Attorney draft language for the contract regarding these two
concerns.
Motion was made by Councilmember Slavik and seconded by Councilmember Black, to table
this item to a future Council meeting. With all members voting in favor, the motion carried.
8.03) City Center Discussion
Community Development Director Juetten discussed with the Council the items contained in the
staff report relative to the City Center area. The Council adopted an Interim Ordinance on April
24, 2007 in order to allow the opportunity to study aspects of the area (i.e. constructing new
roads in the area, updating design requirements, changing allowed uses). Since that meeting,
staff has studied various aspects of the City Center area including street construction, storm
water system, pedestrian connections, amenities and zoning.
The majority of the Council was in agreement to hire a marketing consultant to prepare an
analysis of the goals for the area and how they could be accomplished.
Regarding the library, the Council requested that staff work very closely with the County to
consider a trail/walkway/street going from 36t" Avenue to 37th Avenue. City Manager Ahrens
commented that staff is currently working on a trail concept as that seemed to work the best at
this point.
Suggestions for the Cub parking lot were discussed in how to make that area more accessible for
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Regular Meeting of June 12, 2007
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walking and biking and more aesthetically appealing with massive plantings, planters, and
angled parking. In addition, that there also be a plan for the placement of benches in the City
Center area where they would be used and not just an ornament. It was noted that the three-way
stop at Cub is ineffective.
Councilmember Black suggested a meeting be held in a few weeks with the business community,
as part of the scheduled TwinWest meeting, to receive some input.
The question was raised on how to make 36th Avenue more pedestrian friendly. Public Works
Director Cote stated that staff would be considering more pedestrian and dynamic friendly
perhaps raised crossings) as part of the scheduled reconstruction project in 2008.
8.04) Award Bid for Roof Replacement at Fire Station No. 3
Councilmember Black asked if there was an option for a green roof with this project. Public
Works Director Cote replied a true green roof couldn't be structurally accommodated with this
building.
Motion was made by Councilmember Black and seconded by Councilmember Hewitt, to adopt a
Resolution Awarding Contract for Fire Station No. 3 Roof Replacement (Res2007-269). With
all members voting in favor, the motion carried.
Reports and Staff Recommendations
9.01) Appointments to the Environmental Quality Committee and the Shingle Creek and -
Elm Creek Watershed Districts
Motion was made by Councilmember Black and seconded by Councilmember Stein, to adopt a
Resolution Appointing Tawnia Joluison and Peggy Willenberg as At Large Members on the
Environmental Quality Committee (Res2007-270). With all members voting in favor, the
motion carried.
9.02) Aquatic Vegetation Management Report for Medicine Lake
Public Works Director Cote reported that staff provided a report in response to Terrie Christian's
appearance at the May 22 Council meeting when she discussed the Eurasian Milfoil in Medicine
Lake. He stated the City hasn't budgeted for Eurasian Milfoil treatment on any of the lakes in
the 2007. The City hasn't treated it in the past and has only harvested it at public accesses and
beaches. He stated that there is a disagreement about ecological impacts of Eurasian Milfoil,
whether it's a recreational or water resources impact. He noted that just metro -wide, there is an
increase in Eurasian Milfoil in the lakes. This is due to the last two open winters, whereby there
wasn't adequate snow cover on the ice on the lakes to kill the species. As long as light
penetrates the ice, the plants are able to grow during the winter months.
Kevin Christian, 9910 South Shore Drive, representing Association of Medicine Lake Area
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Regular Meeting of June 12, 2007
Page 7 of 8.
Citizens (AMLAC), gave a handout to the Council that contained information on invasive
species, possibly utilizing a grant through the Department of Natural Resources to pay 75% of
the cost to remove Eurasian Milfoil from a section of the lake, and their request of the City to use
funds from the surface water management fee to assist with the costs of treating Eurasian Milfoil.
Councilmember Black illustrated a map that indicated the successful harvesting of the Curlyleaf
Pondweed during the past three years.
Tom Gallagher, 10500 South Shore Drive, stated practically none of the homeowners are treating
their shorelines. They understood that the City was going to first treat the Curlyleaf Pondweed
and then the Eurasian Milfoil.
It was noted that there would be approximately $7,500 remaining from the Department of
Natural Resources grant that was used to treat the Curlyleaf Pondweed. However, those funds
couldn't be used for Eurasian Milfoil treatments, but only isolated cases for the Curlyleaf
Pondweed.
The Council stated.that this is an equity issue for all lakes in the City, not just Medicine Lake.
Mr. Christian raised the question if the City has the capacity to purchase a harvest machine. He
noted that Lake Minnetonka has several harvest machines. Mayor Slavik replied that cities don't
typically purchase those machines, but watershed districts or associations do. Park and
Recreation Director Blank added that the Lake Minnetonka Conservation District has purchased
the harvest machines for Lake Minnetonka.
Park and Recreation Director Blank stated staff would be treating the swimming facility on
Parkers Lake this week. Regarding areas outside of the beach areas, it would cost approximately
15,000420,000 to mechanically harvest an area about 24 acres in size. With there being 24
acres on Parkers Lake, 30-40 acres on Medicine Lake, 20 acres on Schmidt Lake, the cost could
be up to $100,000 just for these three lakes. With the plants growing four inches per day, within
a month the plants would need to be harvested again, and there are no funds available for this
harvesting. At this point in the season, it would be a very expensive battle.
Motion was made by Councilmember Black, and seconded by Councilmember Murdock, to
work with the Three Rivers Park District in making_ application for a grant to harvest the
Eurasian Milfoil on Medicine Lake, and if possible, also work with Parkers Lake and Schmidt
Lake. In addition, staff is to determine if there are any funds available (cost savings on projects)
in the surface water management fund.
Public Works Director Cote stated that staff is in the early process of doing water quality
projects; therefore, staff wouldn't know until later in the season as those projects progress, if
there would be any cost savings. He doubted that there would be a large amount of funds
available.
With Murdock, Stein, and Black voting yes, and Hewitt, Willis, and Slavik voting no, the motion
failed.
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Regular Meeting of June 12, 2007
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Councilmember Black requested this item be on the Council's 2008 legislative agenda.
Adi ournment
Mayor Slavik adjourned the meeting at approximately 9:50 p.m.
andra R. Engdahl, Cto Clerk