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HomeMy WebLinkAboutCity Council Minutes 08-26-2003Adopted Minutes Regular Council Meeting August 26, 2003 Mayor Johnson called a Regular Meeting of the Plymouth City Council to order at 7:05 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on August 26, 2003. COUNCIL PRESENT: Mayor Johnson, Councilmembers Black, Stein, Hewitt, Slavik, Bildsoe, Neset, 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, City Forester Buck, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum There was no one present to address the Council). Presentations and Public Information Announcements 4.01) Presentation of "Planting Plymouth Proud Awards" The Council presented "Planting Plymouth Proud Awards" to Maxine and Wayne Theusch, 2740 Black Oaks Lane North (Mayor's Award), Messiah United Methodist Church, 17805 County Road 6 (Steward's Award), and Oakwood Elementary, 17340 County Road 6 (Lil' Sprout Award). Approval of Agenda Mayor Johnson requested to add the Council appointment to I-394 Commission as item No. 8.1 under General Business. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to approve the amended agenda. With all members voting in favor, the motion carried. Consent Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to approve the Consent Agenda, which included the following items: 6.01) Minutes from the Regular Council Meeting of August 12 (as amended). Adopted Council Minutes Regular Meeting of August 26, 2003 Page 2 of 11 6.02) Resolution Approving Disbursements for the Period ending August 15, 2003 (Res2003- 359). 6.03) Resolution Finding No Objection to Lawful Gambling Exemption for Kimberly Lane Elementary PTA (Res2003-360). 6.04) Resolution Approving Variances for Redevelopment of an Undersized Lot and Impervious Surface Coverage to allow Construction of a New Single -Family Home at 2426 Hemlock Lane North (2003072 — Res2003-361). 6.05) Resolution Approving a PUD Amendment for a Framing Facility and Warehouse with a Showroom for Retail Sales at 2155 Niagara Lane, in the Parkers Lake PUD (2003073 — Res2003-362), Ordinance Amending Chapter 21 of the City Code to amend Section 21655.XX for the Parker Lake PUD (MPUD 83-1) for the Northwest Pointe Business Center (2003073 — Ord2003-25), and a Resolution Approving Findings of Fact for Amending the Zoning Ordinance Text for the Parkers Lake PUD (2003073 — Res2003-363). 6.06) Ordinance Amending Chapter 21 (Zoning Ordinance) of the City Code to Classify Certain Land located at 4745 Medicine Lake Drive West (2003080 — Ord2003-26), Resolution Approving Findings of Fact for Rezoning of Property located at 4745 Medicine Lake Drive West 2003080 — Res2003-364), and a Resolution Approving Conditional Use Permit to allow Relocation of a House from 4850 Medicine Lake Drive West to 4745 Medicine Lake Drive West 2003080 — Res2003-365). 6.07) Resolution Approving Site Plan, Conditional Use Permit, and Variances for a 4,400 square foot Commercial Building on Property located at 3410 Kilmer Lane North (2003074 — Res2003-366) 6.08) Resolution Authorizing the Mayor and City Manager to enter into a Grant Agreement with the Federal Emergency Management Agency (Res2003-367). 6.09) Resolution Approving the Appointment and Compensation for Interim City Manager Res2003-368). 6.10) Resolution Awarding Bid for Schmidt Lake Road/Vicksburg Lane Signal System and Intersection Improvements (3116 - Res2003-369). 6.11) Resolution Awarding Bid for Parkers Lake Rock Weir Project (2026 - Res2003-370) 6.12.1) Resolution Requesting the Commissioner of the Minnesota Department of Transportation to conduct a Speed Zoning Study for Ferndale Road from County Road 6 to the Plymouth City Limits (Res2003-371). 6.12.2) Resolution Requesting the Commissioner of the Minnesota Department of Public Safety to conduct a Speed Zoning Study for Peony Lane from Trunk Highway 55 to 54"' Avenue and Adopted Council Minutes Regular Meeting of August 26, 2003 Page 3 of 11 54th Avenue/Ranier Lane/561h Avenue/Troy Lane from Peony Lane to County Road 47 Res2003-372). 6.12.3) Resolution Requesting the Commissioner of the Minnesota Department of Transportation to conduct a Speed Zoning Study for Schmidt Lake Road from Vicksburg Lane to Peony Lane (Res2003-373). 6.13) Resolution Affirming Nonconservation Status of Parcel 08-118-22-41-0069 (Res2003- 375). 6.14) Resolution Approving Municipal Recycling Grant Agreement (Res2003-374). Councilmember Slavik requested a minor correction to page seven of the August 12 minutes. The motion carried to approve the Consent Agenda. Public Hearings 7.1) On -Sale Intoxicating and Sunday Liquor License for El Azteca of Plymouth, Inc., d/b/a El Azteca Restaurant, 3500 Vicksburg Lane, #500 City Clerk Paulson reported on the application of El Azteca of Plymouth, Inc. for On -Sale Intoxicating and Sunday Liquor Licenses for El Azteca Restaurant at 3500 Vicksburg Lane. 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 Bildsoe to adopt a Resolution Approving On -Sale Intoxicating and Sunday Liquor Licenses for El Azteca of Plymouth, Inc., d/b/a El Azteca, 3500 Vicksburg Lane, Suite 500 (Res2003-376). With all members voting in favor, the motion carried. 7.2.1) 2004 Street Reconstruction Plan for Districts 5 and 27 (4101) Public Works Director Faulkner reported on the proposed street reconstruction projects for Districts 5 and 27. He stated the portion of District 5 being recommended is south of Bass Lake Road and west of Zachary Lane including 57th Avenue, Deerwood Lane, and Evergreen Lane. The portion of District 27 being recommended for reconstruction is west of Zachary Lane and south of Old Rockford Road including 40th Avenue, 41St Avenue, and the adjacent cul-de-sacs. He noted that a public informational meeting was conducted on August 4, 2003 to explain the project to the affected property owners and to receive feedback on the proposed improvements. He stated approximately 18 residents attended the meeting, and comments were received concerning existing problems which need to be addressed during the final design of the 2004 street reconstruction project. Adopted Council Minutes Regular Meeting of August 26, 2003 Page 4 of 11 He explained how the City is divided into districts for the purpose of rating the streets. He stated the project would begin late spring and be completed early September. He stated the Council approved a revised street reconstruction assessment policy at the August 12 meeting that would assess residents 30% of the project cost. He stated the City's share would be financed through the sale of bonds. He stated the estimated assessment for a single-family residential lot would be $2,540, and the estimated assessment for a townhome would be $1,449. Councilmember Black asked if this project were to be delayed, how much maintenance would be required for the maintenance of the streets. Public Works Director Faulkner replied that there would be a substantial amount of maintenance. He explained the importance of maintaining a schedule for street reconstruction projects in order to keep up with the maintenance. Mayor Johnson noted the correspondence received from Susan Henken-Thielen, 115157 Avenue North, who is opposed to the assessment. Mayor Johnson opened the public hearing for testimony Ed Whitman, 11510 40th Avenue North, stated he is opposed to the assessment. He asked why they would be assessed 30% of the project cost when an adjacent neighborhood was assessed at a lower rate for their project ($1,100). Stuart Shapiro, 11410 40th Avenue North, stated the street assessment appears to be high, but he realizes that the streets need to be repaired. He stated he has noticed the deteriorating condition of the road in front of his home. He stated this street should've been repaired four years ago. However, he is concerned that the assessments aren't being fairly distributed to the residents. He suggested that the general fund subsidize future projects. Mary Stolis, 3970 Arrowood Lane North, stated she is concerned about the assessment, and she questioned why they are being assessed more than the adjacent neighborhood did with their project. Patrick James McKee, 3955 Arrowood Lane North, asked if the decision for the complete reconstruction was made with a lot of consideration of the actual condition of the roads. He stated there is only one crack in the road and not a lot of indentations on his cul-de-sac. He noted that he is concerned that the City increased the assessments to 30% of the project cost. Jere Bormann, 11710 401h Avenue North, stated there are no cracks in the road in front of his property. He suggested that there be regular curb and gutter. Jerry Clune, 11445 40th Avenue North, agreed with some of the above comments. He also questioned if there is a need for new curb and gutter. He stated he is concerned how driveways would be replaced. Adopted Council Minutes Regular Meeting of August 26, 2003 Page 5 of 11 Anthony DeMatthew, 11440 41" Avenue North, stated improvements to 41" Avenue are long overdue. However, he is opposed to the assessment and the assessment increase in the street reconstruction policy. He stated this isn't equitable. There being no one else wishing to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. Mayor Johnson stated the City's assessment policy for street reconstruction projects has been 30%; however, there have been times when the assessed portion has been less than 30%. Public Works Director Faulkner agreed and stated the intent was to assess at 30%, but the majority of the assessments have been approximately 15% the past few years. Councilmember Bildsoe stated there are tight budget constraints for city government. He stated the street reconstruction policy always stated that the City would assess 30% of the project cost. He stated if the City is going to maintain roads, it is important to assess at a certain level to keep the roads safe and viable. However, he understands the criticism for what appears to be a change in the policy midstream. Councilmember Slavik commented since the City would be bonding for this project, the City would need to assess a minimum of 20% of the project cost. Mayor Johnson stated previously the City would do a "pay as you go" with street reconstruction projects, but due to the tight economic times, the City would be bonding for these projects. This method would "free up" additional revenue in the general fund for other services such as hiring additional police officers. Councilmember Slavik stated there are many roads in the City that need to be reconstructed, and many petitions have been submitted by residents to reconstruct their roads. She stated if more petitions are received, could there be another project or two in a year. She explained the importance of starting these projects before a crisis level is reached in a few years. Mayor Johnson addressed the concerns expressed this evening about the unattractive curbs. She stated these types of curbs are installed when the development first comes in, as they are unsure where the driveways would be located. Councilmember Hewitt asked if all curbs and gutters would be replaced. Public Works Director Faulkner replied only the sections that are heaved or cracked would be replaced. He stated this fall staff would determine those sections that would need to be replaced, and those residents would be notified. Mayor Johnson asked if new driveways are inspected after they are constructed. Public Works Director Faulkner replied there are daily inspections, and the contractor would be responsible for any replacement. City Attorney Knutson commented that State law allows the City to assess for these projects, and there would be increases in the market value of the property on the amount of the assessment. Adopted Council Minutes Regular Meeting of August 26, 2003 Page 6 of 11 Councilmember Stein asked what effect would there be to the street reconstruction program if the City would assess at 20%, and a petitioned project would be assessed at 30%. City Manager Johnson stated there would be approximately $300,000 more per year in revenue based on the size of these projects. Councilmember Bildsoe stated the City hasn't previously assessed at 20% due to the "pay as you go" system. He stated he would support assessing at 20% of the project cost for this project. Councilmember Hewitt stated she is concerned if the Council assesses at 20% rather than 30%, could that delay road improvements or not being able to hire additional police officers. City Manager Johnson replied that it wouldn't affect the general fund directly, as the assessments are outside the levy limit. Motion was made by Councilmember Stein, and seconded by Councilmember Neset, to adopt a Resolution Ordering Improvement and Preparation of Plans and Specifications for 2004 Street Reconstruction Project (4101 - Res2003-377) with assessments at 20%. Councilmember Slavik stated she is concerned that it isn't fair to only assess 20% for this project when the policy states 30%. Councilmember Stein suggested the Council assess 20% for scheduled street reconstruction projects and 30% for those projects that are petitioned. Mayor Johnson suggested that if it's the Council's intent to increase the assessable portion to 30%, it should be a gradual implementation. She stated she would support assessing 20% of the project cost this evening, but within the next three years, it would increase to 30%. Councilmember Black disagreed and stated that is inequitable. Councilmember Neset supported a gradual increase to 30%. Councilmember Slavik stressed the importance of a policy in place as there are other neighborhoods who have petitioned to have their streets reconstructed. She stated that she could support assessing 25% of the project costs for the 2004 street reconstruction projects and 30% for the 2005 street reconstruction projects. Councilmember Hewitt stated the Council reaffirmed the 30% at the previous meeting, and the assessments should remain the same. Councilmember Black stated she supports assessing at 30%. Councilmember Stein stated he would be unwilling to assess more than 20% for this project. City Attorney Knutson reminded the Council that tonight isn't the assessment hearing but whether or not the improvement should be ordered. Adopted Council Minutes Regular Meeting of August 26, 2003 Page 7 of 11 Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to amend the main motion to assess at 30%, according to the street reconstruction assessment policy, rather than at 20%. Councilmember Slavik commented whatever percentage the Council assesses for this project, that should be the same rate City wide for future projects. Councilmember Bildsoe stated he would support assessing at 20%. Mr. Clune cautioned the Council in changing their assessment policy this evening. He added that he doesn't feel the Council has adequately discussed this issue. Mr. DeMatthew stated the Council should gradually increase the percentage that would be assessed. The Council voted on the amendment. With all members voting in favor but Bildsoe and Stein, the motion carried. Motion was made by Councilmember Stein, and seconded by Councilmember Black, to amend the main motion that the street reconstruction policy be reviewed and analyzed approving the percentage of assessments for this project. Mayor Johnson stated she would support this motion. Councilmembers Black and Hewitt stated they support discussing the policy further. Mayor Johnson requested a friendly amendment that the Council would discuss the street reconstruction policy at a Study Session on September 2 at 7:00 p.m. in the Council Chambers. This friendly amendment was accepted. The Council voted on the amended amendment, and with all members voting in favor, the motion carried. The Council then voted on the amended main motion, and with all members voting in favor, the motion carried. The Council took a five-minute break. 7.2.2) 2004 Street Reconstruction Plan for Districts 76 and 78 (4102) Public Works Director Faulkner reported that petitions were received for the reconstruction of streets in Districts 76 and 78. He stated the proposed area within District 76 to be reconstructed is the Burl Oaks neighborhood east of County Road 101 including 5h Avenue, 6 I Avenue, Holly Lane, Jewel Lane, and Kimberly Lane. The portion of District 78 being recommended for reconstruction is west of County Road 101 including 81h Avenue, Queensland Lane, and Olive Lane. He stated according to the City's street reconstruction policy, 30% of the total cost of the project would be assessed. The estimated assessment for a single-family residential lot is Adopted Council Minutes Regular Meeting of August 26, 2003 Page 8 of 11 2,540. In addition, areas that do not have existing concrete curb and gutter, which includes all of District 78 except Olive Lane, would be assessed for installation of curb and gutter. The estimated amount of the curb and gutter assessment is $1,410 per lot. Councilmember Slavik stated regarding District 78, since the Serenity development west on 8th Avenue isn't completed yet, how would the construction traffic impact 81h Avenue. Public Works Director Faulkner replied the roads are designed to accommodate heavy truck traffic, so there shouldn't be any damage to 8th Avenue. Councilmember Slavik asked what measures could the City take to slow the traffic on 8th Avenue and make it a safer roadway. Public Works Director Faulkner replied there could be minor curving in the road, narrowing of the road, or mid -block curb extensions. Councilmember Slavik asked if the City could just reconstruct Queensland Lane and not 8th Avenue. Public Works Director Faulkner replied that would place the street reconstruction program in disarray. In addition, the maintenance requirements would be so "spotty." He stated it's best to do an entire neighborhood at the same time so the streets are at the same standard. Councilmember Slavik asked if the maintenance employees have spent a considerable amount of time repairing potholes in this area. Public Works Director Faulkner replied typically in this area there is a considerable amount of time spent to make the roads passable and drivable. Councilmember Slavik noted that District 78 is one of the worst areas in the City, and it's not even contained in the City's five-year street reconstruction plan. Councilmember Slavik asked if the Council would decide to not reconstruct District 78 at this time, could there be another project to take its place. Public Works Director Faulkner replied there are a number of streets throughout the City that need repair, so there could be a number of options. Public Works Director Faulkner discussed with the Council right angles and surmountable curbs to reduce the speed of traffic. Mayor Johnson opened the public hearing for testimony. Ron Goltz, 176154 8th Avenue, asked what the width of 8th Avenue is to Queensland Lane. He stated 8th Avenue has had 40 years of heavy traffic. He questioned with that much traffic, why would the City need to dig it down to 2.5 feet. He stated in 1987, they had 11 inches of rain, and none of the properties had a water problem. He indicated that the drainage is relatively adequate in this area. He spoke of the Rusten property west of 8th Avenue that could potentially be developed in the future. He questioned how this would affect 8th Avenue. He suggested that the City let the Rusten property be redeveloped first before 8th Avenue is reconstructed. In the meantime, the City could grind off the surface of 81h Avenue and place new packing. Doug Sauter, 18140 81h Avenue North, stated he doesn't support the project as it would diminish the value of his property. He noted the large trees on 8th Avenue west of Queensland Lane that are a valuable asset. He stated a number of those trees would need to be removed in order to get Adopted Council Minutes Regular Meeting of August 26, 2003 Page 9 of 11 to the 33' width. He stated he would prefer a design that emphasizes safety, saves old trees, preserves the character of the neighborhood, involves the neighborhood, promotes the aesthetic quality of the neighborhood, and reduces the speed of traffic. Evonne Carlson, 17910 8th Avenue North, agreed with Mr. Sauter. She stated the speed of traffic is really a concern, and she doesn't feel this has been resolved. Norm Olson, 18135 8th Avenue North, also agreed with Mr. Sauter's and Ms. Carlson's comments. Doug Thompson, 805 Queensland Lane North, illustrated a map showing who supported the first petition, which was to reconstruct north and south Queensland Lane, and a recent survey on those that are opposed to the project. Lila Cargill, 17930 8t11 Avenue North, stated there are a number of issues regarding 8th Avenue, i.e. speed of traffic and future housing developments to the west on 8th Avenue. She stated curbs and gutters aren't necessary for 8th Avenue. She questioned why 8th Avenue needs to be reconstructed now, and she never felt that 81h Avenue was one of the poorest roads in the City. She stated the proposed assessments would pose a financial burden for many of the property owners. Larry Johnson, 17605 8th Avenue North, stated he doesn't feel 8th Avenue is in that bad of a condition. He stated he is concerned about the safety of the roadway, and perhaps this project should be postponed until the developments on the west end of 8th Avenue are completed. He commented that the proposed assessments aren't really affordable. Doug Farrow, 700 Olive Lane, stated he doesn't believe that Olive Lane and 8th Avenue need to be reconstructed. Dave Kuehn, 17720 8th Avenue North, asked if 81h Avenue would be reconstructed, what would be the cost for constructing sidewalks and other safety measures. He asked who would be responsible for the maintenance and liability for the sidewalks. He suggested that if a sidewalk is constructed, it be placed on the south side of 8th Avenue adjacent to the neighborhood park. Bob Skoyles, 16900 5th Avenue North, stated they were encouraged to petition for the reconstruction of the roads in the Burl Oaks neighborhood, but they request a fair and equitable assessment policy. Dan Endy, 17920 8th Avenue, stated he's opposed to the project due to the timing, and he feels the project is frivolous. He stated the City needs to determine if 8th Avenue is going to be a through street from County Road 6. He asked who originally signed the petition to request the improvement as the support isn't there now. John Hay, 17115 51h Avenue, requested that the project for District 76 be approved. 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 August 26, 2003 Page 10 of 11 Motion was made by Councilmember Slavik, and seconded by Councilmember Stein, to adopt Resolution Ordering Improvement and Preparation of Plans and Specifications for 2004 Street Reconstruction Proiect (4102 — Res2003-377) for District 76. With all members voting in favor, the motion carried. Mayor Johnson asked how the required percentages are determined for petitions. City Attorney Knutson replied the percentage is based on lineal footage, not households. Mayor Johnson asked why staff is recommending a depth of 2.5 feet for 8th Avenue. Public Works Director Faulkner replied the road is being designed to carry heavy traffic for many years. Mayor Johnson asked who is legally responsible for sidewalks. City Attorney Knutson replied the property owners have the potential for liability. Public Works Director Faulkner added property owners are responsible for the maintenance of the sidewalks. Public Works Director Faulkner commented that the drainage issues at 8th Avenue and Olive Lane would be addressed. Mayor Johnson asked if staff has cost estimates for additional measures to improve the safety on 8th Avenue. Public Works Director Faulkner stated the only cost that staff has confirmed is the cost of the sidewalk. The remaining measures would need to be reviewed further. Mayor Johnson asked if there would be any cost savings in constructing a 28 foot or 26 foot wide street with sidewalk versus a 33 foot wide street. Public Works Director Faulkner replied a 33 foot roadway would better accommodate the existing storm sewer. Councilmember Slavik asked if the District 78 project isn't approved, what could the City do for Queensland Lane? Public Works Director Faulkner replied staff could patch the street which would provide another two years of life and make it passable. Motion was made by Mayor Johnson, and seconded by Councilmember Hewitt, to reject the proposed improvement for District 78. Councilmember Stein asked if there is any alternative for Queensland Lane so the City doesn't have to expend general fund money to maintain that road. Public Works Director Faulkner replied he is unsure. Councilmember Slavik stated she would be supporting the motion. However, she suggested this project be revisited again as she would consider some type of improvement to Queensland Lane due to the condition of the roadway. There being no further discussion and with all members voting in favor, the motion carried. General Business Adopted Council Minutes Regular Meeting of August 26, 2003 Page 11 of 11 8.1) I-394 Corridor Commission The Council appointed Councilmember Stein as the Council Coordinating Representative and Councilmember Slavik as the alternate to the I-394 Corridor Commission. The Council noted that they would need to appoint a citizen representative to this commission. They requested that staff contact current board and commission applicants, and an appointment would be made at the September 9 Council meeting. Reports and Staff Recommendations There were no Reports and Staff Recommendations). Adiournment Motion was made by Councilmember Bildsoe, and seconded by Councilmember Hewitt, to adjourn the meeting at 11:05 p.m. With all me ers voting in favor, the motion carried. 4zt andra R. Paulson, City Clerk