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HomeMy WebLinkAboutCity Council Minutes 04-23-2002Adopted Minutes Regular Council Meeting April 23, 2002 A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on April 23, 2002. COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Harstad, Black, Johnson, Slavik, and Stein. STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Fire Chief Kline, Finance Director Hahn, Community Development Director Hurlburt, Park and Recreation Director Blank, Police Chief Gerdes, Public Works Director Faulkner, City Attorney Knutson, Office Support Representative Gulbrand, Superintendent of Recreation Evans, and City Clerk Paulson. Plymouth Forum There was no one present to address the Council). Presentations and Public Information Announcements 4.01) Announcement of History Fest Superintendent of Recreation Evans reported on the annual History Fest, which would occur on May 11 from 10:00 a.m.-4:00 p.m. at Parkers Lake Park. She highlighted the various activities that would be occurring at this year's event. Approval of Agenda Mayor Tierney requested to add an update on the I-494 Corridor Commission to the agenda as item No. 9.2 under Reports and Staff Recommendations. Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to approve the amended a egnda. With all members voting in favor, the motion carried. Consent Agenda Mayor Tierney asked if there were any additions, corrections, or deletions to be made to the Consent Agenda. Adopted Council Minutes Regular Meeting of April 23, 2002 Page 2 of 9 Councilmember Slavik requested to remove item No. 6.08 and place it under General Business as item No. 8.3. Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to approve the amended Consent Agenda which included the followingitems: ems: 6.01) Regular and Special Council Meeting Minutes of April 9, and Special and Board of Equalization Minutes of April 16. 6.02) Resolution Approving Disbursements for the Period ending April 12, 2002 (Res2002- 184). 6.03) Resolution Replacing Resolution 2002-104, Approving a Preliminary Plat for Ryland Homes for a 164 -Unit Townhouse Development located North of Schmidt Lake Road and West of Vicksburg Lane (2001148 — Res2002-185), and a Resolution Replacing Resolution 2002-105, Approving Site Plan and Fire Lane Variance for Ryland Homes for a 164 -Unit Townhouse Development located North of Schmidt Lake Road and West of Vicksburg Lane (2001148 — Res2002-186). 6.04) Resolution Approving Hot Mix Asphalt Bids for 2002 (Res2002=187). 6.05) Resolution Approving Traffic Signal Agreement for CSAH 9 and Nathan Lane (1014 — Res2002-188). 6.06) Resolution Reimbursing Developer for Required Street and Watermain Construction for Schmidt Lake Road, Harvest Hills (2001023 — Res2002-189). 6.07) Resolution Reducing Required Financial Guarantee for Harvest Hills (2001023 — Res2002-190). 6.08) (This item was moved to General Business as item No. 8.3). 6.09) Resolution Approving Consultant for Ice Center Parking Lot Expansion (2002-191). 6.10) Resolution Authorizing the City Manager and Police Chief to apply for the Cops in School 2002 Grant (Res2002-192). 6.11) Resolution Extending Listing Agreement with Bedrock Real Estate, Inc. for City -Owned Property at 3030 County Road 101 (9005 — Res2002-193). There being no further discussion, the motion carried to approve the Consent Agenda. Adopted Council Minutes Regular Meeting of April 23, 2002 Page 3 of 9 Public Hearings 7.1) Vacation of the Highway 169 Frontage Road North of 45th Avenue Public Works Director Faulkner illustrated the proposed Vacation. He explained the applicant requests Vacation of this frontage road in order that it can be combined with the Final Plat of Shadow Hills. He stated the frontage road was originally constructed to provide access to the property adjacent to the frontage road including the parcel to the north. This northerly property was recently developed as the Nathan Lane Technology Center. Because of the wetlands, the property to the north would not utilize the frontage road for access but has access to Nathan Lane. He stated the Shadow Hills apartments would have access to 45th Avenue, and there are no other properties adjacent to the frontage road. Therefore, the frontage road is no longer needed. Mayor Tierney opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to adopt a Resolution Authorizing the Vacation of Street Right -of -Way for Trunk Highway No. 3 83 Renumbered 169 (Res2002-194). With all members voting in favor, the motion carried. General Business 8.1) Consider Amended Policy Relating to Snowplowing Damage (tabled from April 9) Finance Director Hahn reported that this item was tabled from the April 9 meeting as the Council requested that staff research the costs to repair damaged sprinkler heads. He stated the costs vary from $2 to $25, not including labor. He stated Councilmember Stein has proposed that the City reimburse the property owner $35 per sprinkler head, which should cover the costs to replace damaged sprinkler heads. Mayor Tierney stated that every spring and fall,, the company that maintains her personal sprinkler system, replaces any heads that are damaged or lost for a maximum charge of $26 per sprinkler head. Therefore, the proposed $35 should cover the replacement of a sprinkler head. Councilmember Black asked why staff would treat exterior lighting in the right-of-way different than sprinkler heads. Finance Director Hahn replied some landscaping is completely to the curb, whereas the sprinkler head is located in the right-of-way in order to obtain the best coverage of the lawn. City Manager Johnson added that the sprinkler heads don't encompass any of the cubic feet that the City would need in order to pile the snow. Adopted Council Minutes Regular Meeting of April 23, 2002 Page 4 of 9 Councilmember Black stated the proposed $35 reimbursement amount seems reasonable, but she has concerns of a sprinkler system not being properly installed and future perceived damages to the system. She also noted that those property owners who have chosen to not have a sprinkling system would be paying for those property owners who do have systems. However, everyone has the opportunity to have their damaged mailboxes and sod replaced due to snowplow damage at the City's expense. She noted that as the City grows, there would be additional sprinkler systems. Councilmember Slavik feels that if the City damages someone's property, the City should reimburse the property owner to repair the damaged property. She asked how the $100 replacement cost of the sprinkler head was derived. Finance Director Hahn replied that figure included labor, parts, and the cost of private company to repair the head. Motion was made by Councilmember Harstad, and seconded by Councilmember Johnson, to amend the policy by adopting Alternative III, which would be the revisions to the mailbox damage policy as outlined by staff, with the exception of No. 8 in the policy (lawn sprinkling and lighting systems). Richard Crosby, 3505 Olive Lane, illustrated photographs of damage to his property caused by City snowplowing equipment. He stated there was damage to the concrete, drain tile, sod, and sprinkler heads. He feels that if the City damages property, the City should reimburse property owners to repair the damaged property as well as apologize to the property owner. He disagreed with Mayor Tierney with the annual maintenance of the systems, as the majority of the property owners start their own sprinkler systems every year. He stated the City may have the right-of- way easement, but the damage to personal property shouldn't be ignored. City Attorney Knutson clarified that the City's easement extends a minimum of 8.5 feet back from the curb line as well as a drainage easement. He stated the City's right-of-way could be used for snow storage and utilities. Public Works Director Faulkner stated the City typically repairs damage to lawns. If there is curb damage it would be repaired. He stated in those instances where the curb damage affects the City's drainage system, they are repaired immediately. He noted that in some cases similar to the Heather Run development, the developer cut the curb at the private residences for drain tile.. Therefore, the small drain tile was extended through the curb. He stated with the City's street reconstruction program, drain tile sump boxes are installed to correct those situations, and for future developments, those boxes are installed in the right-of-way parallel to the curb line. He explained with Mr. Crosby's situation, there was a weak spot with the drain tile at the curb. Councilmember Harstad requested that Mr. Crosby's complaints regarding damage to the curb Jand drain tile be addressed administratively. He requested the Council to act on the motion on the table. r l Adopted Council Minutes Regular Meeting of April 23, 2002 Page 5 of 9 Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to amend the main motion to add Section 8 of the proposed policy, "Lawn SprinklinLighting Systems." Councilmember Johnson stated not every homeowner would have the expertise necessary to repair damaged sprinkler heads. Therefore, would the City cover those costs? Councilmember Black asked if Section 11, "Unusual Circumstances," could address those situations. Councilmember Stein stated he estimated the costs to repair a sprinkler head, and a reimbursement of $35 per head is very a good compromise. He wouldn't support having the City pay for a service to repair the damaged heads. He also questioned if the City would have responsibility for repairing sprinkler heads on systems where they were inadequately installed. Motion was made by Councilmember Hewitt, and seconded by Councilmember Black, to call the question on the amendment. With all members voting against the motion but Harstad and Hewitt, the motion failed. Councilmember Black stated she would support the reimbursement of $35 per damaged sprinkler head, as it's not clear whether the City has responsibility for this damage. A Substitute Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to adopt Alternative III and amend the language in Section 8 to read, "The Cily will accept responsibility for damage to underground lawn sprinkler systems and will hire a contractor to make repairs, and limit payment to $75 or the cost of the repairs, whichever is less." Councilmember Johnson stated she wouldn't support having the City make arrangements to hire the contractors to repair the systems. Councilmember Slavik withdrew her motion. Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to amend the amendment which would amend the language in Section 8 to read, "The City will assume no responsibility for exterior lighting systems in the right-of-way. The City will reimburse the property owner $75 per sprinkler head for damage to underground sprinkling systems or cost of repairs, whichever is less, resulting from direct contact with Cjjy sno removal equipment." Councilmember Hewitt stated she is concerned about fairness, equity, as well as costs to the City to repair sprinkler heads. Adopted Council Minutes Regular Meeting of April 23, 2002 Page 6 of 9 Councilmember Stein stated he wouldn't support the motion. He noted the considerable amount of staff time that is devoted to these types of calls, and he feels a compromise of $35 is adequate. Motion was made by Councilmember Harstad, and seconded by Councilmember Johnson, to call the question on the amended amendment. With all members voting in favor, the motion carried. The Council voted on the amended amendment. With Black, Slavik, and Johnson voting yes, and Harstad, Hewitt, Stein, and Tierney voting no, the motion failed. Councilmember Hewitt asked if the City contracts for snow plowing, and if the City is able to determine who did the damage. Public Works Director Faulkner replied the City subcontracts for some of the snow removal, and they are predefined routes. Therefore, staff knows who would be responsible for any damages. Councilmember Black suggested that there be a clause in the contracts that the contractors would be responsible for any damages to private property. Mayor Tierney stated she supports the motions that are on the table. She stated the reimbursement costs could always be reviewed in the future if necessary. Motion was made by Councilmember Harstad, and seconded by Councilmember Black, to call the question on the amendment. With all members voting in favor, the motion carried. The Council voted on the amendment, and with all members voting in favor but Harstad, the motion carried. The Council voted on the amended policy, and with all members voting in favor, the motion carried. Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to adopt a Resolution Approving Amended Policy o pair or Replacement of Mailboxes and Sprinkler Systems Damaged through Removal of Ice and Snow from City Maintained Street System Res2002-195). Councilmember Harstad suggested that for an effective date on the Resolution, it should be the date the Resolution is adopted rather than November 1, 2001. He stated there could be residents that were previously informed by the City that they weren't eligible for reimbursement to their damaged sprinkler heads. Motion was made by Councilmember Harstad, and seconded by Councilmember Stein, to amend the Resolution to state that the effective date of the policy would be April 23, 2002 rather than November 1, 2001. Adopted Council Minutes Regular Meeting of April 23, 2002 Page 7 of 9 Finance Director Hahn commented that there are approximately 50 claims that are currently on hold and waiting to see if their claims would be retroactive. City Manager Johnson added that another issue is that property owners have been communicated various scenarios since the Council has been reviewing this item for the past month. Councilmember Johnson stated she wouldn't support the amendment. She stated the reason why the Council is reviewing the policy is due to the unusual winter. Mayor Tierney echoed Councilmember Johnson's comments. Councilmember Black stated it isn't typical for the Council to set a retroactive date, but it is warranted in this case. There being no further discussion, the Council voted on the amendment. With all members voting against the motion but Harstad, the motion failed. The Council voted on the main motion and with all members voting in favor but Harstad, the motion carried. 8.2) Approve Amended Ward and Precinct Boundaries Assistant City Manager Ahrens highlighted the proposed ward and precinct map due to redistricting. She explained the number of precincts would increase from 23 to 25. Motion was made by Councilmember Hewitt, and seconded by Councilmember Black, to adopt an Ordinance Adopting Ward Boundaries for the City of Plymouth (Ord2002-17), Resolution Adopting Precinct Boundaries for the City of Plymouth (Res2002-196), and a Resolution DesignatingPolling Locations (Res2002-197). With all members voting in favor, the motion carried. 8.3) Resolution Approving Finishing of a Portion of the Plymouth Creek Center Basement Park and Recreation Director Blank reported on finishing the basement of the Plymouth Creek Center, and appointing Del Erickson and Associates as the consultant for this project. He explained that originally, two-thirds of the basement was left unfinished in order that staff could review the growth of the programs at the facility and strategically plan for this site. He stated the senior programs have expanded, and they are in need of additional space that would accommodate groups of at least 100 people. In addition, the Youth Advisory Council has requested an area that the youth could utilize that would be equipped with computers. He stated a proposed third area would be two rooms that would be sound proofed for music classes. He stated all three areas would be multi-purpose. He stated with the finishing of these areas, there would still be approximately 5,000 square feet that would remain unfinished. Adopted Council Minutes Regular Meeting of April 23, 2002 Page 8 of 9 Councilmember Johnson asked why the City would only finish this small area, if there are funds available to finish off the entire basement. Park and Recreation Director Blank replied if that is the Council's desire, a report could be provided at a future meeting. City Manager Johnson added that staff could request the architect to provide an estimate to finish the remainder of the basement as well. Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to adopt a Resolution Approving Finishing of a Portion of the Plymouth Creek Center Basement Res2002-198). With all members voting in favor, the motion carried. Reports and Staff Recommendations 9.1) Legislative Update Councilmember Black reported that Governor Ventura signed the phosphorous legislation. She requested that the City send John Barton, from Three Rivers Park District, a letter thanking him for all his work on this issue. Mayor Tierney reported she would be attending a meeting tomorrow with the Metropolitan Council's Affordable Housing Task Force. Councilmember Harstad commented that it appears the Legislature could be working on a compromise for increasing the gas tax. 9.2) I-494 Commission Mayor Tierney requested that the Council review the correspondence contained in the Council Information Memorandum relating to the funding of the I-494 Commission. She stated there is a separate commission for the east/west corridor of I-494 that would be receiving additional funding. She stated the roadway wouldn't be improved until at least 2008 or beyond. Councilmember Slavik questioned how the City benefits from being a part of the commission and paying a substantial amount of funds when the majority of the improvements appear to be on the south segment of I-494. Mayor Tierney agreed with Councilmember Slavik and noted that the City of Maple Grove is no longer a part of the commission so they could concentrate their efforts on the Highway 610 proj ect. Councilmembers Slavik, Black, and Hewitt suggested that this item be added to the pending Study Session list. Adopted Council Minutes Regular Meeting of April 23, 2002 Page 9 of 9 Councilmember Harstad stated he would also support a Study Session on this topic, but he would also like to discuss transit lanes on the Highway 55 corridor. Community Development Director Hurlburt reported on the Highway 55 Corridor Commission that is being established. The Council suggested that an update on Highway 55 also be discussed at the Study Session. Mark Hartle, 10518 8t' Avenue North, stated he resides in the Village at Bassett Creek development near Highways 169 and 55. He stated there have been many trees removed near the wetland, and he asked why these trees are being removed when there are no permits filed with the City. Community Development Director Hurlburt confirmed there are no development applications for this site. She stated there are no ordinances prohibiting property owners from removing trees on their properties. The City Forester has reviewed this site and was informed that there would be a future development on this site. Mr. Hartle stated there are asbestos issues with the construction debris that is located north of the office building. Community Development Director Hurlburt stated there isn't an issue with the asbestos as long as the materials aren't disturbed. However, staff would review this situation further. Adi ournment Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adjourn the meeting at 9:05 p.m. With all members voting in favor, the motion carried. andra R. Paulson, City Clerk