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HomeMy WebLinkAboutCity Council Minutes 09-09-2002Adopted Minutes Regular Council Meeting September 9, 2002 Mayor Tierney 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 September 9, 2002. COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Slavik, Black, Harstad, Johnson, and Stein. M341LIlMZGTiT: STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Fire Chief Kline, Finance Director Hahn, Community Development Director Hurlburt, Housing Program Manager Barnes, Public Services Manager Qvale, Public Works Director Faulkner, Public Safety Education Specialist Cwayna, Park and Recreation Director Blank, Police Chief Gerdes, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum Drew Beninati, former firefighter with the Fire Department, addressed the Council regarding his experience and what he views as sexual harassment from members of the department. He provided a handout to the Council that he discussed, which outlined his allegations. Councilmember Johnson stated this would be discussed at a future Study Session. Presentations and Public Information Announcements 4.01) Recognition of National Night Out Coordinators Recognition and awards were presented by the Council to National Night Out Coordinators Peter and Ann Slanga and Barnie and Judy Barnaal, 35 Teakwood Lane North, Mary Lou Fox, 316 Deerwood Lane North, Petty and Bob Anderson and Bill and Unice Hamre, 5524 Nathan Lane North, Arlene and Barbara Edstrom 9900 55t` Avenue North, Gloria Gaster, 3665 Trenton Lane North, Ted and Connie Fust, 730 Windemere Drive, Roger and Kathy Berkowitz, 13235 55' Avenue North, and Tiburon Housing Association and Mark Byrne, Judy Regan, and Lynne Shufelt, 3399 Pilgrim Lane. 4.02) Announcement of September 10 State Primary Election City Clerk Paulson reported on the September 10 State Primary Election. Adopted Council Minutes Regular Meeting of September 9, 2002 Page 2 of 10 4.03) Recognition of Mike Cagley, Chair of Plymouth Advisory Committee on Transit Councilmember Harstad reported that Mr. Cagley was unable to attend this evening's meeting due to a prior commitment. Therefore, the presentation would be made a future Council meeting. Councilmembers Johnson, Slavik, and Harstad thanked the Fire Department for allowing them to participate in the training session on September 7. Mayor Tierney announced that there would be a special remembrance ceremony at Fire Station No. 3 on September 11 at 7:40 a.m. Councilmember Slavik reported on the Autumn Arts Fair on September 14 from 10:00 a.m. until 5:00 p.m. at Parker's Lake. Councilmember Harstad reported on the annual recycling dropoff day on September 21 from 9:00 a.m. until 3:00 p.m. at the Public Works Maintenance Facility. Approval of Agenda 1 Councilmember Johnson requested to add the drainage project at Ives/Jonquil neighborhood as item No. 8.4 under General Business. Motion was made by Councilmember Johnson and seconded by Councilmember Black, to Uprove 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. Motion was made by Councilmember Slavik and seconded by Councilmember Johnson, to gpprove the amended Consent Aizenda which included the followingit_ 6.01) Special Council Meeting of August 26, 2002. 6.02) Resolution Approving Disbursements for the Period ending August 30, 2002 (Res2002- 402). 6.03) Resolution Finding No Objection to Lawful Gambling Exemption for Minnesota Chapter No. 18 Telephone Pioneers (Res2002-403). Adopted Council Minutes Regular Meeting of September 9, 2002 Page 3 of 10 6.04) Resolution Approving a Variance to allow 53 Percent Impervious Surface Area Coverage to allow construction of home Addition by Skyline Design for Property located at 1241 Archer Lane North (2002094 — Res2002-404). 6.05) Resolution Approving a Side Yard Setback Variance for tom Hanlon for Property located at 2875 Zanzibar Lane North (2002098 — Res2002-405). 6.06) Approval of 2001 Community Development Block Grant Consolidated Annual Performance and Evaluation Report. 6.07) Resolution Approving Conditional Use Permit for the Bainey Group for Property located at 14700 28th Avenue North (2002 100 — Res2002-406). 6.08) Resolution Authorizing the Installation of "No Parking" Signs on Garland Lane and 51St Avenue from Schmidt Lake to Approximately 750 feet North of Schmidt Lake Road (2023 — Res2002-407) and a Resolution Authorizing the Installation of "No Parking" Signs on Schmidt Lake Road from Garland Lane to Approximately 470 feet West of Garland Lane (2022 — Res2002-408). 6.09) Resolution Requesting Payment No. 6 and Final and Payment No. 4 and Final for 2001 1 Street Reconstruction Project (1001 & 1005 — Res2002-409). 6.10.1) Resolution reducing Required Financial Guarantee for Harvest Hills (2001023 — Res2002-410). 6.10.2) Resolution reducing Required Financial Guarantee for Seven Greens (1001031 Res2002-411). 6.11) Resolution approving an "All -Way" Stop at the Intersection of Industrial Park Boulevard and Annapolis Lane (Res2002-412). 6.12) Resolution authorizing the Mayor and City Manager to sign the Listing Agreement with Bedrock Real Estate, Inc. for the City -Owned Property at 4020 County Road 101 (9005 Res2002-413). 6.13) Resolution rejecting Bid for 2002 Bituminous Mill and Overlay and Intersection Improvements (2028 — Res2002-414). 6.14) Resolution awarding Bid for Peony Lane/Troy lane Bituminous Paving Improvements 1029 — Res2002-415). The motion carried to approve the amended Consent Agenda. Public Hearings Adopted Council Minutes Regular Meeting of September 9, 2002 Page 4 of 10 7.1) Approval of 2002 Delinquent Water, Sewer, Recycling, Surface Water Fee, and Street Lighting Service Charges Finance Director Hahn reported on the assessment roll. He indicated that correspondence was received from the property owner of 11435 50th Avenue North (PIN No. 11-118-22-14-0076), and they requested there be further review by staff on their account. Therefore, he requested that the Council adopt the Resolution with the exception of this assessment. 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 adopting Assessments for 2002 Delinquent Water, Sewer, Recycling, Surface Water Fee and Street Lighting Service Charges (Res2002-416) with the deletion of assessment for With all members voting in favor, the motion carried. 7.2) Approval of Street Lighting Improvements in Cedar View Estate Addition Public Works Director Faulkner reported on a petition that was received from seven of the nine property owners at the intersection of Gleason Lake Drive and Quantico for a streetlight at the this intersection. He stated each of the nine lots would be billed $2.15 bimonthly for the streetlight. Mayor Tierney opened the public hearing for testimony. Kim Tiller, 45 Quantico Lane, stated there was another neighbor who is in support of the streetlight, but doesn't want it located on her property. She stated this street light wouldn't be located on that resident's property but on hers. She stated this is a very dark street, and this streetlight would assist in security and aesthetic appearance of the street. She also stated that there are very mature evergreens in the area that darken the street. Bryant Scheffe, 25 Quantico Lane North, stated he didn't sign the petition as he doesn't see any justification for the light. He suggested that the neighbors across from this intersection also pay for the light as it would assist in lighting their properties. He asked if there is a need for a such a large light or if there could be a smaller street lamp at a lower cost. There being no one else wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Public Works Director Faulkner explained the location of the streetlight would be at the southwest quadrant of the intersection, and the light would be on a standard residential street light pole. He stated the cost of the light is based on Excel Energy's operating costs of that light. Adopted Council Minutes Regular Meeting of September 9, 2002 Page 5 of 10 Councilmember Johnson asked if the residents to the north on Gleason Lake Drive were notified of the petition. Public Works Director Faulkner replied no. Councilmember Johnson asked if the light meets all the City lighting standards. Public Works Director Faulkner replied that the residents across the street shouldn't be affected by the light as the light is only lighting the intersection. Motion was made by Councilmember Hewitt, and seconded by Councilmember Harstad, to adopt a Resolution ordering Street Lighting Project for Cedar View Estates (Res2002-417). With all members voting in favor, the motion carried. 7.3) Approval of Vacation of Utility and Drainage Easements within Lot 1, Block 1, Willow Grove Office Park Second Addition Public Works Director Faulkner illustrated the proposed vacation. He stated a petition was submitted by Amcon Construction Company requesting the vacation of part of a utility easement and part of a drainage and utility easement. The Council approved the expansion of Muller Family Theatres, which requires the relocation of an existing storm sewer system. He stated the existing storm sewer is being relocated by the developer. Once this has been completed, the original easement would no longer be necessary, and a new easement would be provided over the relocated storm sewer. 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 Stein, and seconded by Councilmember Hewitt, to adopt a Resolution authorizing the Vacation of Part of a Utility Easement for Lot 1, Block 1 of Willow Grove Office Park Second Addition (Res2002-418) and a Resolution authorizing the Vacation of Part of a Drainage and Utility Easement within Lot 1, Block 1, Willow Grove Office Park Second Addition. With all members voting in favor, the motion carried. 7.4) Approval of Wine and On -Sale 3.2 Malt Liquor Licenses for Joy of India Restaurant, 101006 1h Avenue North City Clerk Paulson reported on the request of Joy of India, Inc. for an On -Sale Wine and 3.2 Malt Liquor License for their establishment located at 10100 6th Avenue North. 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. Adopted Council Minutes Regular Meeting of September 9, 2002 Page 6 of 10 Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to adopt a Resolution Approving Wine and On -Sale 3.2 Malt Liquor Licenses for Joy of India, Inc. d/b/a Seeing that the applicant was in the audience, Mayor Tierney asked if they would be participating in the Best Practices Program. The daughter of the applicant stated that they would be participating in the Best Practices Program. Councilmember Hewitt asked if there are interpreters for individuals who may need to address the Council. Police Chief Gerdes replied yes, and that service would be utilized in the future if necessary. There being no further discussion and with all members voting in favor, the motion carried. General Business 8.1) Approval of Request to Minnehaha Creek Watershed for preparation of "Emergency Pumping" plan and/or Permanent Outlet for Mooney Lake Public Works Director Faulkner reported that several lakeshore property owners around Mooney Lake have expressed concerns about the high water levels experienced this summer. He stated Mooney Lake is a landlocked waterbody that does not have an outlet. Therefore, runoff into the lake is balanced by evaporation and infiltration. The lake elevation is less dependant on large individual storms than it is on long wet periods such as have been experienced this summer. He stated the property owners are requesting than an outlet be constructed for the lake. Due to the elevations of the surrounding area, the outlet would need to be a lift station pumping through a forcemain. He stated in 1998, the cities of Orono and Plymouth petitioned the watershed district to construct a permanent outlet for the lake. The petition was dismissed based upon the engineer's report that indicated the following: 1. The outlet would cost between $285,000 and $500,000. 2. Benefits of the outlet would be limited to lakeshore residents. 3. Current flood risk is less than 1 % annually. 4. Modeled future flood risk is less than 1 % annually. 5. The impact of pumping to receiving watersheds and municipalities has not been quantified. 6. Development of an emergency pumping plan, to address high water would be a more cost effective means to address the lower risk of flooding than a constructed outlet. JSince 1998 the water level hasn't been a concern. However, due to the significant rainfalls the area has received the past year, staff is supportive to work with the watershed district for an emergency pumping plan. He noted that it would take approximately two months to lower the Adopted Council Minutes Regular Meeting of September 9, 2002 Page 7 of 10 water level approximately one foot. He stated the watershed district has prepared an estimate of the cost to provide emergency pumping for two months at a rate of 1cfs. The estimated cost would be $20,000 excluding personnel to operate the system. He stated the watershed district would be discussing this item at their meeting on September 12. Therefore, staff recommends the Council adopt a Resolution requesting the watershed district to implement an emergency pumping plan as well as consider a permanent outlet for the lake. Mayor Tierney stated there is no doubt that the water needs to be pumped out of the lake. However, what are the impacts to the areas that the water is pumped to. She believes it is the responsibility of the watershed district. Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to adopt a Resolution Requesting that the Minnehaha Creek Watershed District develop and implement a Pumping Plan for Mooney Lake (Res2002-420). Councilmember Harstad stated he supports the motion as the lake is at a high water level, and if heavy rainfalls continue, the lake would start to threaten homes. Public Works Director Faulkner stated before any pumping would begin, staff would work with the watershed district to determine if what the downstream impacts would be. Councilmember Stein voiced his concern on the language in the Resolution that states significant funding and operational assistance from the City of Plymouth." Public Works Director Faulkner noted that there would be more impact to properties in Plymouth as the properties in Orono are on higher elevations. Pamela Blixt, Chair of the Minnehaha Creek Watershed District, stated in regards to the petition submitted in 1998, it was an issue of taxing as they fund projects on a district wide levy. This project would've served only a specific area within the district, and there is no access to Mooney Lake. Mayor Tierney stated that Imperial Hills owns an access point to the lake, and there is a City trail to the lake. Ms. Blixt stated she wasn't aware of that access and trail. She stated in 1998 when the petition was submitted, there was no significant indication that there would be the potential for the flooding that could occur this year. She indicated that the watershed district would be willing to work with the City at this time since there could be impacts to residential homes. She stated this item would be discussed at their meeting on September 12. Eric Evenson, District Administrator, stated the watershed district is working with the Department of Natural Resources in obtaining any required permits, and they hope to proceed very quickly. He noted that there are a number of areas within the watershed that are flooding. In addition, there are a number of lakes including Lake Minnetonka, that need to be drained two Adopted Council Minutes Regular Meeting of September 9, 2002 Page 8 of 10 feet for extra storage capacity for next spring. He stated the watershed district would be very interested in a permanent resolution for Mooney Lake. Mayor Tierney asked if the watershed district would support a 50150 split on the costs with the City for the emergency pumping plan for the lake. Ms. Blixt replied yes. Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to amend the Resolution to include language to offer a 50150 cost sharing agreement, with the City's share coming from the water resources fund. With all members voting in favor, the motion carried. Councilmember Johnson asked how soon the pumping could begin. Public Works Director Faulkner replied staff would discuss this with the district's engineer prior to the September 12 meeting. Mr. Evenson added that depending on availability of equipment, the pumping could begin within the next week. Discussions would also be held with the cities of Orono and Long Lake. Karl Pokorny, 1890 Troy Lane North, thanked the Council for addressing this concern. He illustrated the public access to the lake as well the lake elevations from 1958 to present. He asked if the residents could assist the City with this procedure. Mayor Tierney replied any residents that are interested in assisting should contact staff. Philip Campbell, 2345 Brockton Lane North, stated he is concerned that the City would only be committing 50% of the costs as what would occur if the watershed doesn't agree to paying the other 50% of the costs. Mayor Tierney stated Ms. Blixt has indicated that they would likely be willing to participate at that funding level. If that wouldn't be the case, the Council could conduct a special meeting to address that issue. There being no further discussion and with all members voting in favor of the amended motion, the motion carried. Councilmember Slavik stated she would attend the watershed district's meeting on September 12, and she would assist the City Manager in providing a report from that meeting for a future Council packet. 8.2) Presentation by Tom Poul, Suburban Transit Association Thomas Poul, representing the Suburban Transit Association (STA), provided an update on the STA and the opt out cities, such as Plymouth. He spoke of the transit hubs that have expanded in Burnsville and Maple Grove. He stated their biggest challenge is funding the operations area. Adopted Council Minutes Regular Meeting of September 9, 2002 Page 9 of 10 He. noted that transit services are no longer funded by property taxes but by sales tax on motor vehicles. He noted that the ridership in the City has increased by five percent. The ridership demand is greater than what the City has capacity for. There is a demand to acquire more buses. George Bentley Acting Transit Administrator, agreed that there is an increase in the demand. Mr. Poul stated he is optimistic that Legislature would authorize a funding package for transportation and transit. Public Services Manager Qvale thanked Mr. Poul for addressing the Council. She commented that from a Midget standpoint, :1 the City were to lose two percent in transit funding, the City would still be able to maintain existing service. Motion was made by Councilmember Johnson, and seconded by Councilmember Hewitt, to suspend the rules in order that item No. 8.4 could be discussed at this time. With all members voting in favor, the motion carried. 8.4) Report on Drainage Project at Ives/Jonquil Neighborhood 1 Brad Kalin, 5115 Ives Lane, reiterated to the Council his concerns regarding the drainage ditch. He stated there were a number of reasons why the pipe option was not supported by the neighborhood initially. First, residents understood that there would be only one choice for the pipe. The water from the 30" pipe flowing from Schmidt Lake Road would be accommodated by a single 12" pipe. Residents felt it would be unfeasible to feed the water from a 30" pipe into a 12" pipe. He noted that the flow of water through the backyards is often two feet deep by eight . feet wide. The second reason was that of the eight residents who originally provided input, half would lose little if any land from the non -pipe project, and all of these residents were on the Jonquil side. The four residents that would lose land, they were misinformed as to the full scope and impact of the project, and they were initially informed that the channel would follow the property lines. Lastly, all the residents at the meeting objected to being assessed for the pipe project. The consensus was that the water was not coming from their yards, but from properties to the south, west, and east of their neighborhood. Public Works Director Faulkner stated staff is preparing a report on this item that would be included'in this week's Council Information Memorandum as well as to the residents. 8.3) Adopt 2003 Proposed Budget and Tax Levies, and Set Truth in Taxation Hearing Dates City Manager Johnson discussed the proposed 2003 budget and tax levies. He explained that the Council is required to adopt the maximum tax levy by September 15. The Truth in Taxation Hearing would be conducted on December 2 with December 9 being the reconvene date if necessary. He stated the Council has discussed the budget and tax levy at Study Sessions conducted on August 26 and September 3. He spoke of issues that are affecting the proposed Adopted Council Minutes Regular Meeting of September 9, 2002 Page 10 of 10 budget that include levy limits, potential loss of State aid, and the transfer of street sweeping and drainage maintenance to the water resources fund. Tom Poul discussed his lobbying experience with the Legislature, and he stated the Legislature might consider reducing the market value credit and/or the local government aid. Motion was made by Councilmember Johnson, and seconded by Councilmember Hewitt, to adopt a Resolution establishing Proposed Property Tax Levies for Taxes Payable in 2003 Res2002-421), Resolution Adopting Proposed 2003 Budgets (Res2002-422), and a Resolution setting Truth in Taxation Public Hearing Dates for 2003 Tax Levy (Res2002-423). With all members voting in favor, the motion carried. Reports and Staff Recommendations There were no reports and staff recommendations). Adjournment Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to adjourn the meeting at 9:45 p.m. With all members voting in favor, the motion carried. 1 an R. Paulson, City Clerk