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HomeMy WebLinkAboutCity Council Minutes 07-22-2003Adopted Minutes Regular Council Meeting July 22, 2003 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 July 22, 2003. COUNCIL PRESENT: Mayor Johnson, Councilmembers Black, Neset, Bildsoe, Hewitt, Slavik, and Stein. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Fire Chief Kline, Community Development Director Hurlburt, Police Chief Gerdes, Finance Director Hahn, Public Works Director Faulkner, Park and Recreation Director Blank, City Engineer Quanbeck, City Attorney Knutson, and Deputy City Clerk Hofftnan. Plymouth Forum No one spoke at the Forum Presentations and Public Information Announcements 4.01) Present of Environmental Champion Awards Solid Waste Coordinator Marjorie Vigoren announced the Environmental Champion Awards recipients: Lilly Perry; representatives of the Chelsea Woods Association; Walter Richards; Terrie Christian; and members of the Wayzata High School Environmental Sciences Class. She summarized their projects and praised the efforts of the citizens to create a clean and safe environment in Plymouth. Mayor Johnson and Councilmember Black presented citations to the recipients. 4.02) Proclaim August 5 as "National Night Out" Public Safety Education Specialist Sara Cwayna praised the 86 Plymouth neighborhood groups participating in the annual "National Night Out" on August 5. She encouraged other neighborhoods to contact the Police and Fire Departments on how to participate in the City's 13th year of activities. Mayor Johnson read the proclamation proclaiming August 5 as "National Night Out." 4.03) Town Forum Councilmember Bildsoe announced that he will be hosting a Town Forum on Thursday, October 2, at the Plymouth Creek Center. A state or national official may be joining him at the Forum, and residents and Councilmembers are welcome to attend. Approval of Aeenda Motion was made by Councilmember Slavik, and seconded by Councilmember Black to approve the agenda. With all members voting in favor, the motion carried. Adopted Council Minutes Regular Meeting of July 22, 2003 Page 2 of 9 Consent Aunda City Manager Johnson noted a revised resolution for item No. 6.15 has been included as requested by Mayor Johnson, to clarify language setting the minimum age for participation in boards and commissions. Motion was made by Councihnember Slavik, and seconded by Councilmember Bildsoe, to approve the Consent Agenda, which included the followingitems: ems, 6.01) Minutes from the Special Council Meeting of June 16. 6.02) Resolution Approving Disbursements for the Period ending July 11, 2003 (Res2003-307). 6.03) Resolution approving a Gasoline Service Station License for Sami's Stop, Inc. d/b/a Sami's Stop, 9605 36th Avenue N. (Res2003-308). 6.04) Resolution approving a Tobacco License for Sami's Stop, Inc. d/b/a Sami's Stop, 9605 36th Avenue N. (Res2003-309). 6.05) Resolution Authorizing the City Manager and Police Chief to conduct the 2003 Deer Management Program (Res2003 -3 10). 6.06) Accepted the Second Quarter 2003 Financial Report. 6.07) Resolution Authorizing Renewal of the Contract with the State of Minnesota for the Fire Department to provide response services in the event of radiological incidents at the Monticello and Prairie Island Facilities for fiscal years 2004 and 2005 (Res2003-311). 6.08) Setting budget study sessions for the City Council. 6.09) Ordinance amending Chapter X and XI of the City Code concerning the sale of fireworks Ord2003-21). 6.10) Ordinance amending Chapters IV, IX, X, X1, and XX of the Plymouth City Code relative to building construction regulations; fire prevention code; permit procedures and fees; open burning; gasoline service stations; alarm systems; and misdemeanors (Special Provisions) Ord2003-22). 6.11) Revised Resolution 2002-504 approving a Final Plat and Development Contract for Serenity on Hadley Lake" for Coldwell Banker Burnet for Property located south of 8th Avenue, west of Queensland Lane, and east of Hadley Lake (2002055-F) (Res2003-312). 6.12) Resolution adopting the official name for the Wildflower garden at 38th Avenue and Minnesota Lane (Res2003-313). 6.13) Resolution authorizing the conveyance of tax forfeited property from Hennepin County to the City of Plymouth for public use described as Outlet A, Rockford Square (13-118-22-12- 0011), City Project 2039 (Res2003-314). Adopted Council Minutes Regular Meeting of July 22, 2003 Page 3 of 9 6.14) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Delinquent Water, Sewer, Recycling, Surface Water Fee and Street Lighting Service Charges (Res2003-315), and a Resolution Calling for Public Hearing on Proposed Assessment for Delinquent Water, Sewer, Recycling, Surface Water Fee, and Street Lighting Service Charges (Res2003-316). 6.15) Ordinance amending Chapter 3 of the City Code regarding youth members of boards and commissions (Ord2003-23) and a Resolution amending the policy on composition of the Environmental Quality Committee relating to youth members (Res2003-317) and a Resolution establishing a Youth Advisory Council (Res2003-318). 6.16) Resolution requesting Payment No. 1 and Final for the 2003 Crack Repair Program Res2003-319). 6.17) Approving plans and specifications and ordering advertisement for bids for Schmidt Lake Road/Vicksburg Lane Traffic Signal and Intersection Improvements, City Project No. 3116 Res2003-320). 6.18) Resolution awarding contract for 2003 Lancaster Lane Trail and Forcemain Project, City Project Nos. 3017 & 3114 (res2003-321). 6.19) Resolution approving Change Order No. 1 for Peony Lane/Troy Lane Bituminous Paving, City Project No. 1029 (Res2003-322) 6.20) Resolution authorizing the improvements to the Central Water Treatment Plant and Zachary Water Treatment Plant and designating the engineer for this project, City Project No. 2032 (Res2003-323) 6.21) Resolution approving Conditional Use Permit to allow construction of an area identification sign in the public right-of-way located at the intersection of Old Rockford Road and Rockford Road (County Road 9) (2003055) (Res2003-324) The motion carried to approve the Consent Agenda. Public Hearines 7.1) Vacation Of Part Of 34th Avenue Within Plymouth Freeway Center 2"d Addition, Plymouth Business Center 5th Addition, And Elwell Miley Quinn Addition Public Works Director Faulkner reported that a petition has been submitted by DaVern, Inc. and the St. Paul Companies requesting vacation of part of 34h Avenue east of Annapolis Lane. Director Faulkner said that under the plan, the existing roadway would be removed and a private driveway would be created by the petitioners. He said staff recommends approval. 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. Adopted Council Minutes Regular Meeting of July 22, 2003 Page 4 of 9 Res2003-325). With all members voting in favor, the motion carried. 7.2) Vacation Of Part Of The Drainage And Utility Easement Within Lot 11, Block 3, Timber Creek Crossing Public Works Director Faulkner reported that a petition has been submitted by Scholl and Madson, Inc. on behalf of Orrin Thompson Homes requesting vacation of part of a drainage and utility easement in Lot 11, Block 3 of Timber Creek Crossing. Director Faulkner stated that through the development of an exterior stairs, the structure now is in the drainage easement. He said this is not a large enough overlap to create any problems, and staff recommends approval. 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 Slavik, and seconded by Councilmember Black, to adopt a Resolution Authorizing the vacation of part of a drainage and utility easement in Lot 11, Block 3 of Timber Creek Crossing (Res2003-326). With all members voting in favor, the motion carried. Councilmember Black requested a suspension of the rules to reconsider Consent Item 6.17. She stated that the staff report incorrectly states the project completion date, and she would like the record to show the correct dates of November 15, 2003. Motion was made by Councilmember Black, seconded by Mayor Johnson, to reconsider Item 6.17. With all members voting in favor, the motion carried. Motion was made by Councilmember Black, seconded by Councilmember Slavik, to approve the amended project completion date. With all members voting in favor, the motion carried. Motion was made by Councilmember Black, seconded by Councilmember Slavik, to approve the amended Item 6.17. With all members voting in favor, the motion carried. General Business 8.1) Finishing Plymouth Creek Center Lower Level Parks and Recreation Director Eric Blank reported that staff is recommending completion of the unfinished portion of the lower level of the Plymouth Creek Center. Director Blank reviewed the history of the building's development and summarized why the lower level remained unfinished. He told the Council there are three options: 1) to table completion indefinitely; 2) to proceed with a scaled back project, with a final phase to be Adopted Council Minutes Regular Meeting of July 22, 2003 Page 5 of 9 completed at a later date. 3) to complete the remaining area as soon as possible to avoid incurring any more increases in building costs. He stated that staff recommends reengaging architect Del Erickson to work on the final phase. He said the schematic designs and cost estimates will come back to the Parks and Recreation Advisory Commission, the Youth Advisory Council, the Senior Council, and the City Council for review before the City Council is asked to authorize a bid letting. He said this could occur as early as October. He said staff recommends the entire project be completed at one time, to minimize noise and site disruption at the Plymouth Creek Center and adjacent Millennium Garden. Councilmember Black stated she is concerned about the number of capitol improvements projects that are going on, and asked how the money accumulates in CIP funds when the General Operating Budget funds are facing difficult times. City Manager Johnson said capital funds have accumulated over the past few years, specifically aimed at completing the Plymouth Creek Center. He said the project could be completed without taking money from the General Fund. City Manager Johnson added that retaining Mr. Erickson would bring consistency in plan schematics and design specifications. He said that timing is also an important factor in this project. He said it is important to do it over the winter months. If an RFP was issued, it would delay the project, and lose favorable bidding conditions. Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to adopt a Resolution Approving the Completion of the Basement of the Plymouth Creek Center (Res2003- 327). Mayor Johnson requested that members of the business community be permitted to offer comments for integrated systems and technology portion of the project. Parks and Recreation Director Eric Blank welcomed any input. Councilmember Hewitt stated that in supporting the project, it is important to make it clear that the space will be available for use by youth in the community as well as senior citizens. Councilmember Slavik stated that she recognizes the need for the project, it is important to weigh the impact of the loss of State aid on the City's budget. She said the Council's first goal should be to complete remodeling and expansion of the Public Safety building. She noted that not all the Center's operating expenses are covered by revenues generated through activities. Assistant Manager Ahrens stated that the Public Safety building committee will meet on August 12 to review written proposals. She expects it will take approximately two months after an architect is selected before those project costs will be known. Councilmember Slavik asked what costs would be incurred in the Plymouth Creek Center project if the Council approves proceeding, but following review of the budget, reverses its decision. Director Eric Blank responded that an estimated seven to eight thousand dollars would be Adopted Council Minutes Regular Meeting of July 22, 2003 Page 6 of 9 involved. He added that any work on plans and specifications would be used whether the project was constructed now or in the future. Councilmember Slavik stated she supports the project, but advises the Council to take a hard look at goals it has set. She said the Council must be cautious in moving forward. Director Eric Blank stated that a delay in the project would mean construction intrusion on weddings booked for the spring and summer of 2004. He said the construction work would be limited to an October through April window. Mayor Johnson asked for an update on debt capacity when the budgets are brought to the Council, and how much can be borrowed without affecting the City's bond rating. Councilmember Bildsoe stated that he supports the Plymouth Creek Center project, but, like Councilmember Slavik, is concerned about proceeding too fast. He said that in retrospect he would have liked some sort of competition among architects for the work. With all members voting in favor, the motion carried 8.2) Consideration of a Hearing on Improvements in the 2004 Street Reconstruction Project, City Project No. 4101 Public Works Director Faulkner reported on the four areas recommended for street reconstruction in 2004, two of which are the result of petitions from citizens. He said that the City must hold public hearings to set the bond levy by September. The areas included are: the north portion of Mission Hills; the Deerwood Lane area south of Bass Lake Road; a portion of Eighth Avenue west of Highway 101 combined with Queensland Lane and Olive Lane; and the Burl Oaks area of Kimberly Lane and Jewel Lane. He said staff is requesting approval of the additional sites in the project, and also setting the public hearing for the August 26 regular Council meeting. He said the projects will probably be let in the form of two contracts, one for north and east areas, and one for the southwest areas. He said the City will receive better bid possibilities by keeping the work areas separate. He said it is possible to have three public information meetings for the affected neighborhoods. He anticipates assessments to residents will be set at 20% of the cost. Councilmember Slavik noted that the City's street reconstruction policy sets assessments at a 70 to 30 ratio. Director Faulkner responded that the City assessment policy is under review. Councilmember Hewitt asked about the process of ranking street repair projects, and whether other areas will be addressed in a timely manner. Director Faulkner responded that the City's policy is to attempt reconstruction work before the roads fail, not necessarily to repair those in the worst condition. He said residents can approach the City with petitions for repairs by contacting Civil Engineer Ross Beckwith. Adopted Council Minutes Regular Meeting of July 22, 2003 Page 7 of 9 Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to adopt a resolution ordering a preliminary engineering report for the 2004 Street Reconstruction Project Citv Proiect No. 4101 (Res2003-328 ). Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to adolt a resolution calling for Hearing on Improvements for 2004 Street Reconstruction Proiect, City Project No. 4101 (Res2003-329). Councilmember Black requested that staff notify the Councilmembers of the information meetings so that they may be able to attend. With all members voting in favor, the motion carried. 9.1) Report on June 24 Drainage Issues Mayor Johnson stated she has requested this report to learn in greater detail of areas affected by recent heavy rains. Public Works Director Faulkner reported on damage to public and private property in the City of Plymouth due to a major storm on the night of June 24 and early morning of June 25, 2003. He summarized the events of the night of June 24 and the morning of June 25. He explained that the duration of the storm increased the probability of flooding and affected the storm sewer system differently than occurs in more normal rain conditions. He reviewed property damage that occurred around the city, and the primary areas with major flooding. He said that 20 homes, two apartment buildings with underground garages, and one business all received some flooding. He reported that staff has met with the Short Elliott Hendrickson Consulting firm, which will study six of the affected areas and determine ways to reduce future flooding. Mayor Johnson asked at what stage the City gets assistance from the State. Director Faulkner responded that the flooding did not occur in any designated flood plain areas, so do not qualify for flood insurance. He said flood damage totals must be in several millions of dollars before the Federal government provides relief. City Manager Johnson added that the City stands a better chance of receiving assistance if damage is more centralized rather than scattered across the city, as in this situation. Councilmember Slavik asked whether the problems might be resolved more quickly if the City had more funds available. Director Faulkner responded deferred maintenance is now catching up with the city. He said that increased funds for repair and maintenance might make a difference in some of the cases, but the question remains concerning what level of maintenance is the responsibility of the City. City Manager Johnson added that some money from the Capital Improvements Program can be used to upgrade the system. Councilmember Black asked if there is a timeline for working with consultants and reaching solutions. Public Works Director Faulkner stated that the SEH consulting firm proposes working in stages: conducting site surveys, reviewing contour maps, and interviewing affected residents. Adopted Council Minutes Regular Meeting of July 22, 2003 Page 8 of 9 City Manager Johnson stated there are enough funds in the water resources budget to repair, replace, and cover some initial consulting work. He said future funding needs can be addressed in budget meetings. Motion was made by Councilmember Black, seconded by Councilmember Stein to accent the report recommendations on the residential flooding. Councilmember Black stated that the report discusses the need to maintain storm water ponds and storm water systems. She asked how much of that work would ease problems like those reported in the recent storm. Director Faulkner stated that the water quality work addressed by the City recently is not intended to handle conveyance of storm water. He said the City has maintained conveyance systems and storage, but these have been reduced in recent years. Councilmember Slavik inquired about references to flooding in Circle Park and asked when street reconstruction is planned for that neighborhood. Director Faulkner stated that a petition has been submitted from the Kingsview neighborhood, but not yet scheduled for review. Mayor Johnson recognized members of the audience who wished to address the Council. Julie Huang and Mark Wollschlager, 4785 Valley Forge Lane, stated their home overlooks the pond which flooded their neighborhood. Mr. Wollsehlager reported that in the past two and a half years the pond level has risen any time there is a severe storm. He asked the City to look at the pond last year, but no work was done. He said the June storm brought 15 inches water into their back yard, with four inches getting inside their finished basement. He said his family can only use half the house, which is not only a big loss for the family, but also a security issue. He presented photos of the flooding. He asked the City to reevaluate the amount of flow going in and out of the pond, and to reassess the acceptable volume to be held in the pond. Jim Tuchtenhagen, 10815 47th Place North, wanted to reiterate the severity of flooding and damage in the neighborhood. He presented photos taken five to six hours after the highest level of storm flooding into the Huang/Wollschlager house. He stated that even a minimal amount of rain causes flooding on the neighborhood bike path with damage to the pavement. He said that no maintenance has ever been done on the pond, and is asking for the City do something. Ellen Feuling, 1506 Weston Lane, stated she has lived at this address for 25 years. She reported that she has had ongoing drainage problems for nearly 20 of the 25 years. She presented photos of her property abutting Vicksburg Lane, with the home front on Weston Lane. She said the storm sewer was damaged on Vicksburg Lane, and the water was coming in faster than it could go out of the system. She said meetings with the City in May discussed placement of a pumping station, but that has not yet taken place, and this is the third flooding incident this year. She said she is tired of fighting the flooding, and thanked Councilmembers Hewitt and Slavik for listening to her. John Hayes, 10850 47th Avenue North, stated he has lived in the Deerwood Glen neighborhood for 15 years. He said he didn't realize the pond behind his home was a holding pond when he purchased the house. He said the pond is silted up, and has been for 12 years, and said the silt fence regulations have never been enforced by the city as newer developments are made. He said that drain tiling has been placed in the area over the years, and that City officials have been Adopted Council Minutes Regular Meeting of July 22, 2003 Page 9 of 9 out on several occasions, but he has received no satisfaction in solving flooding problems. He stated he is willing to pay more taxes to cover what he considers non -frivolous items such as care of the roads and ponds. Mark Persons, 4770 Ximines Lane North, presented photo views of the pond in 1999. He reported that Mr. Hayes and others have talked to City staff about how the pond levels have been gradually rising over the years. He said he began calling City staff in 2001, and was told the pond was on the list to be cleaned out, but he has become increasingly frustrated by the failure to reach a resolution. Jim Schuld, 4780 Ximines Lane North, stated he lives two houses down from the Tuchtenhagen home, and across the street from Julie Huang and Mark Wollschlager. He said the flooding becomes a safety hazard for children and bicyclists. He said he has lived there for ten years, and seen two floods during that period. He said the City has a basic and important responsibility to maintain and keep the area clean, for safety issues and to guarantee home values. He urged the Council to take action right away to clean silted ponds and clogged areas. Jerry Jackson, 11735 52nd Ave. North, stated he normally doesn't have water in the pond near his home, but that when water fills the pond, the drain is too small to handle the volume. He reported that the contents of his lower level were lost, and he showed photos of water levels. He asked for help to get water out of the yard through a larger pipe. Councilmember Black apologized to residents for the flooding problems that occurred. She said the City has successfully handled flooding issues in neighborhoods such as Boulder Ridge, the Ives/Jonquil neighborhood, and Pike Creek. She expects that flooding issues will be successfully handled once staff begins working on the areas affected. Councilmember Bildsoe thanked Mayor Johnson for placing the item on the agenda With all members voting in favor, the motion to accept the report carried. Renorts and Staff Recommendations There were no Reports and Staff Recommendations). Adiournment Mayor Johnson adjourned the meeting at 9:25 p.m. Kurt H. Hoffinan III, Deputy City Clerk