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HomeMy WebLinkAboutCity Council Minutes 08-05-2002 SpecialAdopted Minutes Special Council Meeting August 5, 2002 Deputy Mayor Johnson called a Special Meeting of the Plymouth City Council to order at 5:30 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on August 5, 2002. COUNCIL PRESENT: Deputy Mayor Johnson, Councilmembers Hewitt, Harstad, Black, Slavik, and Stein. ABSENT: Mayor Tierney. STAFF PRESENT: City Manager Johnson, Park and Recreation Director Blank, Public Works Director Faulkner, City Attorney Knutson, Senior Planner Drill, and Deputy City Clerk Hoffinan. Communications on Legal Issues Deputy Mayor Johnson stated that some Councilmembers have had concerns recently with the review and handling of purchase agreements for City -owned properties on County Road 101. Councilmember Slavik felt that the details of the purchase agreements should have been finalized before appearing on the Council agenda. She stated that she was uncomfortable and unprepared in reviewing them at the council meeting without the expertise of the City Attorney's review. City Attorney Knutson agreed that it is difficult for him to give a professional opinion. He compared the situation to the change of a sentence in an ordinance, which would then mean tabling or delaying approval of the ordinance pending review by legal counsel. Councilmember Slavik requested a slowing down of the purchase process, since there may be interest by future owners. Deputy Mayor Johnson asked if a special council meeting could be called when these cases come up so that staff and the City Attorney can take a day or two to review and discuss pending agreements. Councilmember Harstad stated he felt the City should take sealed bids and award to the highest bidder. He felt that is a much more standard practice since more than one person is involved in the decision process. Councilmember Hewitt suggested that staff offer alternative ways to address these purchase agreements. She stated it is important to receive staff's input with options even if the process would take longer. Adopted City Council Minutes Special Meeting of August 5, 2002 Page 2 of 6 Deputy Mayor Johnson requested the City Attorney to offer language explaining that bids are public information so that bidders understand the City is required by law to make bids public. Councilmember Black agreed. She stated that people are not familiar with how much information the City is required to make public. City Attorney Knutson stated that the City acquires more than it sells, and the process is presented in a different manner than selling issues. He added that "last minute" sales of properties have caused problems with the process. City Manager Johnson noted that there are pros and cons of making "last minute" decisions or waiting and in one of recent sales, the City actually received a higher price for the property by allowing additional bidding time. Deputy Mayor Johnson stated review by the Council when there are competing offers is not always possible, and all information should be provided to the Council. Councilmembers requested to discuss at a future study session a review process for purchase offers on City owned properties. Councilmember Slavik stated it is important that staff or department heads refrain from getting purchase agreements signed without the City Attorney involvement and review. Engineering And Construction Proiects Deputy Mayor Johnson introduced Hennepin County Commissioners Mark Stenglein and Penny Steele, Hennepin County Transportation Department Director Jim Grube, and Construction Administration Engineer Steve Theis. Deputy Mayor Johnson asked for an update on County road projects in the City. She stated that the County Road 61 improvement project is complicated with some timing issues. She asked how the City and County might hold contractors accountable for delays in project completion. She stated it is important to be informed of the status of subcontracted work to assist in communicating to residents the project progress. She stated that the same issues apply to the County Road 101 project. Councilmember Black understood that the road project contract holds no penalty clause except for a completion date deadline. She stated there should be a review of penalties if a certain stage of work is not completed by a certain date. She stated the delay in placement of a fence along the road has been a part of the problem, and it could be related to the use of a subcontractor. She asked if there is an option to assessing a penalty for the delays in completion of intermediate stages of both County and City projects. Director Grube stated that some value thresholds could be used for setting penalties. He noted that neighbors expected one thing — the completion of a fence — and didn't get it. He stated that it Adopted City Council Minutes Special Meeting of August 5, 2002 Page 3 of 6 is important for staff to understand value points seen as essential by residents and to encourage contractors to perform. Commissioner Steele stated that it must be clear to citizens what elements along the way are front and center in importance. She stated the people who build the roads have a different set of criteria and goals than citizens and local governments. She stated it is important to weave into contracts these differing goals. Commissioner Stenglein asked about communication with residents to make them aware of what is happening and what the impact of a delay in project completion will be on residents. Public Works Director Faulkner stated communication between County and City staff has been good, and that construction status information as received from contractors is given to property owners. Councilmember Black stated that the contractors keep reporting that the fence will be constructed, but it wasn't completed, and the project slipped behind schedule. She stated there is a partial fence that has assisted with glare from headlights into residents' homes. Councilmember Harstad stated that the exceptional number of projects have put stress on sub -contractors. He stated contractors should be more direct in communicating with County staff when issues are created and tasks are not completed, but that the Council needs to distance itself from these issues. He suggested the County post the construction schedule so residents are aware of the anticipated completion dates. Deputy Mayor Johnson also suggested the County utilize their website whereby there would be links for affected cities to access. She believes the City should still be involved in the communication process to residents. She stated communicating delays is important to residents, while holding subcontractors accountable. Councilmember Black stated that direct communication with County staff has been very good. However, she feels they could've better anticipated problems in neighborhoods along County Road 61 when Hemlock Lane was closed. She stated signs should've been posted to notify residents that Hemlock Lane was closing. Deputy Mayor Johnson stated this does become a City issue when traffic enforcement is involved. Councilmember Black stated that there are still traffic issues for southbound lanes of County Road 61, and these should've been anticipated. Regarding the County Road 101 and County Road 24 intersection, Director Grube stated that the County's goal is to have roads open and two lanes for traffic in both directions by end of the construction season. They anticipate that the traffic signals will be operational for this intersection by the end of this week. He stated final work would involve lane restrictions, but Adopted City Council Minutes Special Meeting of August 5, 2002 Page 4 of 6 not complete road closure, with landscaping completed next year. The barrels and cones would be removed by winter, although if the bike and walking trail is not completed, there could be a few barricades. He stated that some utility polls may need to be moved, but right of entry to properties is being.cleared this year. He praised City staff in cooperating with these projects. Deputy Mayor Johnson thanked County officials for attending this meeting. Councilmember Black introduced resident Lisa Tibbits, 3443 Olive Lane, and stated Ms. Tibbits property issue is related to construction, as a berm has eroded, and weeds have grown up along it. Director Grube stated he would contact Ms. Tibbits. He indicated the problem lies with the subcontractor, and the County would coordinate with the City and the contractor to clear up the problem, but it is the County's contractor's responsibility. Councilmembers discussed with City staff the progress of work at the intersection of Schmidt Lake Road and Peony Lane. The Council directed Public Works Director Faulkner to contact the contractor about the urgency to complete this project before school begins. Deputy Mayor Johnson stated that if the subcontractors are not reliable, even if they are low bid, the City should have authority to not to allow them to bid the work. Councilmember Black suggested there be monetary incentives so projects are completed on schedule. Councilmember Stein suggested placing interim completion dates and incentives in contracts, and also penalties if dates are missed. He stated overcharges could be charged back to the contractors. Deputy Mayor Johnson suggested that staff review contractor lists and reject ones who are not responsible. In addition, staff should review its method in dealing with contractors. Drivewav and Culvert Issues 5300 Norwood Lane Councilmember Black introduced Teo and Stacie Leonard, 5300 Norwood Lane, who contend that maintenance issues are not being addressed as the result of a crushed culvert under their driveway at 5300 Norwood Lane. She stated the issue is how the damage is going to be repaired. She indicated that they have heard conflicting statements from staff. Mr. Leonard reviewed the history of problems with the culvert under their driveway. He stated that Former Public Works Director Fred Moore once explained that the City is responsible for the culvert and water overflow. Over the years, the City has unplugged the culvert, and also placed rocks around the culvert to prevent erosion. He stated this year when the Public Works employees came to review the culvert, they indicated that the City engineers needed to review the conditions first. Later in the day, the engineers reviewed the conditions, but the culvert wasn't replaced. The next day, after reviewing the crushed culvert, engineers reported that a new Adopted City Council Minutes Special Meeting of August 5, 2002 Page 5 of 6 culvert would need to be installed at a lower level, and the driveway would need to be replaced. Later in the week someone from staff stated that the driveway replacement would not be the City's responsibility. He stated that he agreed to pay for the last 25 feet of the driveway. A driveway and asphalt contractor was contacted, and they informed him that the proposed level wouldn't work, and the driveway would disintegrate. He expressed frustration and feels that the City is not being consistent. He stated there was such a delay in the City responding following the storm event that there was additional flooding in some the neighboring homes. Mark McCullough, representing Tom and Mary Hodorff, 5315 Norwood Lane, and Marianne Barnett, 5305 Norwood Lane, agreed and stated that there was 1.5 feet of water in Barnett's basement as well as a significant amount of water in the Hodorffs basement, and repairs could total approximately $100,000. He requested that the problem be repaired so this flooding and damage doesn't occur again. Councilmember Black stated from her work experience, she is concerned when people request that something be fixed so it never happens again. She asked that the City be reasonably certain that this situation won't occur in the future. She stated the City should explore the legal and moral responsibilities of the situation. She suggested the City should place the driveway back in and study how to address the issues of culvert levels and driveway placements in the future. Mr. Hodorff stated the issues are the driveway and the culvert. He stressed there wouldn't be 1 water in the basements if the curlvert was correctly placed. He stated the City is delaying the issue while residents are unnecessarily experiencing -water in their basements: - -- - - ---- Public Works Director Faulkner stated that staff has prepared a response for the residents outlining what action the City would take to replace the driveway. He stated City crews have begun to rebuild the driveway. There is also the possibility to lower the berm in the ditch along the south side of the railroad tracks and trail so that water would flow to the east and reverse some of the drainage. Councilmembers directed staff to include in their correspondence to residents the long-term plans for this area. It was noted that staff would meet with the residents on August 12 in order to provide an update. An update would also be provided to the Council. Councilmember Slavik left the meeting at 7:45 p.m. Water Issues In Boulder Ridge Councilmember Black reported that residents in Boulder Ridge have contacted the City five times regarding flooding issues. Residents are requesting correspondence from the City affirming that the City would work on the pond to resolve flooding issues and erosion problems related to construction of new units. Adopted City Council Minutes Special Meeting of August 5, 2002 Page 6 of 6 Cleo Roos, 10985 56th Avenue North, reported that flooding of the walking path is an issue. She stated that the City required the original builder to construct the path. She stated the new builders of more recent phases of construction were negligent in constructing adequate berms and buffers along the walking path. She stated the homeowners association would replace the walking path, but doesn't want to because of the high water issue. She stated she has asked for some dirt below her patio to address the flooding issues at her site, but the association contends the area in question is common ground. Councilmember Black stated that the homes are outside the neighboring wetland boundaries, so no approval by the Department of Natural Resources (DNR) would be required. She does not believe the amount of dirt placed would require a permit, if the homeowners association could be overridden. Dick Metro, representing the Boulder Ridge Townhomes Association, asked the City to verify they need to wait in order to construct the walking path. They would like assurance from the City for some work on the area draining away from the townhomes to the wetland. He stated the homeowners association would remove the walking path and replace it at a higher elevation with a crushed rock path and re -landscape the area if it were completely dry. He offered to help Ms. Roos resolve her problem. Councilmember Black suggested that staff discuss with the homeowners association several options and then meet with the DNR this winter to work out the details. Mr. Metro praised Councilmember Black's efforts. Ms. Roos added that staff has been helpfulas well. There being no further discussion, Deputy Mayor Johtiso 'declared the meeting adjourned at 8:10 p.m. Kurt Hoffin , Deputy City Clerk