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HomeMy WebLinkAboutCity Council Minutes 12-12-2006Adopted Minutes Regular Council Meeting December 12, 2006 Mayor Johnson 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 12, 2006. COUNCIL PRESENT: Mayor Johnson, Councilmembers Bildsoe, Hewitt, Slavik, Stein, Willis, and Black. ABSENT: None. STAFF PRESENT: City Manager Ahrens, Police Chief Goldstein, City Attorney Knutson, Park and Recreation Director Blank, Deputy Fire Chief Harr, Public Works Director Cote, Planning Manager Senness, Housing Manager Barnes, Administrative Services Manager McGann, and City Clerk Engdahl. Plymouth Forum Wilson Riedesel, 2910 Urbandale Lane, a recent graduate of the Citizens Academy, stated how they appreciated the program. Presentations and Public Information Announcements 4.01) Recognize Mayor Johnson The Council paid recognition to Mayor Johnson on her service on the Council. 4.02) Presentation of Citizen Academy Graduates Lieutenant Lindman announced this year's Citizen Academy graduates. 4.03) Announcement of Picture Plymouth Photo Contest Winners Communications Manager LaFave announced this year's Picture Plymouth Photo Contest winners. 4.04) Announcement of National Award from City County Communications and Marketing Association Communications Manager LaFave announced the National Award that the City received from the City County Communications and Marketing Association for the City's Environmental Extra. Adopted Council Minutes Regular Meeting of December 12, 2006 Page 2 of 6 Approval of Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik, to approve the agenda. With all members voting in favor, the motion carried. Consent Agenda Item No's. 6.23 and 6.06 were removed from the Consent Agenda and placed under General Business as item No's. 8.2 and 8.3 respectively. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt the Consent Agenda that included the followingitems: ems: 6.01) Minutes from the Special and Regular Council Meetings of November 28. 6.02) Resolution Approving Disbursements for the Period Ending December 1, 2006 (Res2006- 484). 6.03) Resolution Approving a Final Plat and Development Contract for CSM Equities, LLC for CSM Plymouth Business Campus" located at the Northwest Corner of Highway 55 and Northwest Boulevard (2006030-R — Res2006-485). 6.04) Resolution Authorizing a Concurrent Detachment and Annexation of Certain Property to adjust the Boundary between the City of Plymouth and the City of Maple Grove (2006066 — Res2006-486). 6.05) Resolution Approving Variances to the OHWL and Bluff Setbacks for Kathy and Doug Burkett to allow an Addition to an Existing Home for Property located at 14820 13`h Place North 2006101— Res2006-487). 6.06) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.3). 6.07) Resolution Approving Acquisition Agreement for Parcel No. 9 for Fernbrook Lane Improvements (1013 — Res2006-488), Resolution Approving Acquisition Agreement for Parcel No. 12 for Fernbrook Lane Improvements (1013 — Res2006-489), and a Resolution Approving Acquisition Agreement for Parcel No. 15 for Fembrook Lane Improvements (1013 — Res2006- 490). 6.08) Resolution Approving Request for Payment No. 2 and Final for City Center Street Lighting Project (4143 — Res2006-491). 6.09) Resolution Approving Request for Payment No. 3 and Final for City Center Sign Project 5120 — Res2006-492). Adopted Council Minutes Regular Meeting of December 12, 2006 Page 3 of 6 6.10) Resolution Approving Request for Payment No. 2 and Final for 2006 Temporary Overlay Project — Phase 2 (6134 — Res2006-493). 6.11) Resolution Approving Receiving Proposals and Designating the Engineer for the MS4 Load Assessment Project (7108E — Res2006-494). 6.12) Resolution Designating Plymouth Boulevard as an Urban District Highway 55 to County Road 9 (Res2006-495). 6.13) Approval of comments on the Bassett Creek Watershed Management Commission's Capital Improvement Program as prepared by staff. 6.14) Resolution Approving 2007 Amusement Licenses (Res2006-496). 6.15) Resolution Approving Target and Trap Shoot License for Plymouth Gun Club (Res2006- 497). 6.16) Resolution Approving Gasoline Service Station Licenses for 2007 (Res2006-498). 6.17) Resolution Approving 2007 Tobacco Licenses (Res2006-499). 6.18) Resolution Approving Request for Payment No. 2 and Final for 2006 Sanitary Sewer Lining Project — Phase 2 (6133 — Res2006-500). 6.19) Resolution Approving the 2007 Pay and Compensation Plan (Res2006-501). 6.20) Resolution Approving the 2007 Monthly Contribution to Health and Dental Insurance, Deferred Compensation, and VEBA Trust Contributions for Non -Represented City Employees Res2006-502). 6.21) Resolution Establishing Revised Water and Sanitary Sewer Area and Connection Charges Res2006-503). 6.22) Resolution Establishing 2007 Pay Schedule for Members of the Plymouth Fire Department (Res2006-504). 6.23) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.2). 6.24) Resolution Approving Change Order No. 6 for Plymouth Metrolink Station 73 Transit Facility (3125 — Res2006-505). 6.25) Appointment of Dr. Doug Lowin as City health officer for 2007. Motion carried to approve the Consent Agenda. Adopted Council Minutes Regular Meeting of December 12, 2006 Page 4 of 6 Public Hearings 7.1) Issuance of 501(c)(3) Revenue Bonds (Family Child Development Center) Housing Manager Barnes reported on proposed issuance of 501(c)(3) revenue bonds for Family Child Development Center located at 100 Nathan Lane North. Mayor Johnson opened the public hearing for testimony. The Director of Family Child Development Center thanked the Council for their support and partnership with this bond issue. There being no one else wishing to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Bildsoe and seconded by Councilmember Black to adopt a Resolution Relating to a Project on Behalf of Family Child Development Center and its Financing under Minnesota Statutes, Sections 469.152 to 469.165; Referring the Proposal to the Minnesota Department of Em 1p_oyment and Economic Development for Approval and Providing for the Issuance and Sale of an $840,000 Commercial Development Revenue Note Series 2006 and Execution of Related Documentation (Res2006-506). With all members voting in favor, the motion carried. 7.2) Hammer Residences, Inc. Revenue Bond Financing Administrative Services Director McGann reported on the proposed revenue bond financing for Hammer Residences, hic. Mayor Johnson opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik to adopt a Resolution Giving Approval to a Proposed Housing Program and the Proposed Issuance Therefor of a Revenue Bond at the request of Hammer Residences Inc pursuant to Joint Powers Agreement to be entered into in Connection Therewith (Res2006-507). With all members voting in favor, the motion carried. General Business 8.1) Adopt 2007 Property Tax Levy and Budget Adopted Council Minutes Regular Meeting of December 12, 2006 Page 5 of 6 Administrative Services Director McGann reported on the proposed 2007 property tax levy and budget. Motion was made by Councilmember Hewitt, and seconded by Councilmember Bildsoe, to adop a Resolution Adopting 2007 Budgets (Res2006-508), Resolution Adopting Property Tax Levies for Tax Payable in 2007 (Res2006-509), and a Resolution Authorizing the 2007 HRA Lew Res2006-510). With all members voting in favor, the motion carried. 8.2) Increase in the Lump Sum Pension for the Plymouth Firefighters Relief Association Councilmember Willis requested additional information on this item. He noted that there could be future levy implications for this pension system if there would be changes statewide to the pension formulas. Motion was made by Councilmember Willis, and seconded by Councilmember Black, to add this item to the Study Session list. Gary Hendrickson, President of the Plymouth Firefighters Relief Association, stated the fund would be funded at 99% with the proposed increase. Motion was made by Councilmember Black, and seconded by Councilmember Willis, to amend the main motion to delay this item to the January 9 Council agenda. With all members voting in favor but Hewitt, the motion carried. The Council voted on the main motion and with Stein, Black, and Willis voting yes, and Bildsoe, Hewitt, Slavik, and Johnson voting no, the motion failed. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adop a Resolution Approving Lump Sum Pension Benefit Increase for the Plymouth Firefighters Relief Association (Res2006-511). The Council requested that any additional information be provided to them in their mail. With all members voting in favor but Willis, the motion carried. 8.3) Rear Yard Setback Variances for RVC Homes/Loch Development for Plymouth Office Plaza, located South of Old Rockford Road at 45"' Avenue (2006107) Pat Rupar, 18140 Highway 55, stated she is opposed to reducing the south line setback from 50 feet to 42 feet. She noted that they weren't even aware of the first Variance at the time of construction, and now they are seeking another Variance to reduce the setbacks further. She stated that contractor is requesting the Variances to allow for construction of balconies with exterior stairways along the rear fa9ade of each building. These balconies and stairways would provide the required building egress in compliance with the building code. She stated since the Planning Commission has approved their request, she would like to request an eight foot privacy fence along their property. Adopted Council Minutes Regular Meeting of December 12, 2006 Page 6 of 6 Planning Manager Senness stated at the Planning Commission meeting, it was felt that 12 foot trees would be more effective in screening than an eight foot fence. Tree selection would be undertaken by the City Forester for evergreens that would be appropriate for this area. The intent would be to screen the entire length of the two buildings. Ms. Rupar explained that prior to these proposed balconies, there would've been no reason for them to access their yard. However, she feels this will be a smoking area for the tenants. She would prefer a fence over trees for screening purposes. Planning Manager Senness further explained that the plans that the Building Department reviewed and approved showed the appropriate construction. However, the contractor didn't follow the plan. Prior to the framing inspection, staff noticed the problem. The addition of the balconies and stairways was the most cost effective way in addressing the problem. She added that the inside walls weren't constructed for fire protection all the way up the building. Motion was made by Mayor Johnson, and seconded by Councilmember Bildsoe, to delay this item to January 9. The motion failed with all members voting against the motion but Bildsoe and Johnson. Motion was made by Councilmember Stein, and seconded by Councilmember Willis, to direct staff to prepare findings of fact consistent with denial for the January 9 meeting. With all members voting in favor, the motion carried. Mayor Johnson suspended the rules to allow the Wally Charles to address the Council. Wally Charles, 3150 East Medicine Lake Boulevard, offered an apology to the City regarding a situation with his neighbors. Reports and Staff Recommendations 9.1) Set Future Study Sessions This matter was tabled to the December 19 agenda. Adjournment Mayor Johnson adjourned the meeting to OldZAI&Aa go Restaurant at approximately 8:50 p.m. andra R. Engdahl, ty Clerk