HomeMy WebLinkAboutCity Council Minutes 11-14-2017Adopted Minutes
Regular City Council Meeting
November 14, 2017
Mayor Slavik 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 November 14, 2017.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Prom, Johnson, Davis, Wosje, and
Carroll.
Council Absent: Councilmember Willis.
Staff Present: City Manager Callister, Community Development Director Juetten, Park and
Recreation Director Evans, Public Works Director Thompson, Public Safety Director Goldstein,
Fire Chief Coppa, Recreation Supervisor Fram, Water Resources Manager Asche, Ice Center
Manager Halverson, City Attorney Knutson, and City Clerk Engdahl.
Plymouth Forum
Judy Luedke, 17910 County Road 47, commented she has lived at her property for 40 years.
Ever since the new development went in next to her, she now has standing water on the west side
of her property and the nearby pond over flows.
Mayor Slavik requested staff look into this issue and provide a report for the Council.
Presentations and Public Information Announcements
(4.01) Announcement of Plymouth Arts Fair on November 18 and 19
Recreation Supervisor Fram announced the Plymouth Arts Fair on November 18 and 19 at the
Plymouth Creek Center.
(4.02) Announcement of Sled Hockey Tournament on November 16-19
Ice Manager Halverson announced the Sled Hockey Tournament at the Ice Center November 16-
19.
Mayor Slavik wished Public Safety Director Goldstein a happy birthday.
Adopted Minutes Page 1 of 5 Regular Meeting of November 14, 2017
Approval of Astenda
Motion was made by Councilmember Wosje, and seconded by Councilmember Prom, to approve
the agenda. With all members voting in favor, the motion carried.
Consent Astenda
Item No. 6.04 was removed from the Consent Agenda and placed under General Business as
item No. 8.01.
Motion was made by Councilmember Johnson, and seconded by Councilmember Prom, to adopt
the amended Consent Agenda that included the followingitems:
ems:
(6.01) Special and Regular City Council Meeting minutes of October 24, 2017.
(6.02) Resolution Approving Disbursements ending October 28, 2017 (Res2017-333).
(6.03) Resolution Accepting Streets for Continual Maintenance for Maple Creek Meadows
(2015040 — Res2017-334) and Maple Creek Meadows 2nd Addition (2016007 - Res2017-335).
(6.04) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.01).
(6.05) Resolution Approving Change Order and Final Payment for the Expansion and
Renovation of the Plymouth Ice Center and Life Time Fitness Parking Lot (PRK40044 -
Res2017-336).
(6.06) Resolution Approving a Conditional Use Permit for Pastor Timothy Westermeyer for St.
Philip the Deacon Lutheran Church for Property located at 17205 County Road 6 (2017009 -
Res2017-337).
(6.07) Resolution Approving Variances for David and Anne Craig for Property located at 2515
Magnolia Lane North (2017090 - Res2017-338).
(6.08) Resolution Approving a Conditional Use Permit for The Bainey Group for Camp Bow
Wow for Property located at 2067 East Center Circle (2017092 - Res2017-339).
(6.09) Resolution Approving Purchase of Fuel through the State Cooperative Purchasing
Venture (Res2017-340).
(6.10) Resolution Approving the Modified Wetland Replacement Plan for Creekside Hills 2nd
Addition Section 7, TI 18N, R22W (Res2017-341).
(6.11) Resolution Approving the Modified Wetland Replacement Plan for the West Plymouth
Property Section 6, TI 18N, R22W (Res2017-342).
Adopted Minutes Page 2 of 5 Regular Meeting of November 14, 2017
With all members voting in favor, the motion carried.
Public Hearings
(7.01) Public Hearing on Vacation of Service Road within Osier Addition
Public Works Director Thompson reported on the proposed vacation application. In response to
questions from the Council, he reported there is a service road that goes up to a few of the
parcels, but it is not a through street.
Mayor Slavik opened the public hearing.
Mayor Slavik closed the public hearing.
The Council agreed to table this item to November 28 Council meeting, and it will be part of the
Beacon Interfaith Housing Collaborative/Cranberry Ridge item.
Motion was made by Councilmember Wosje, and seconded by Councilmember Johnson, to table
this item to the November 28 Council meeting. With all members voting in favor but Davis, the
motion carried.
General Business
(8.01) Award Contract for the Plymouth Creek Stream Restoration (16007) (previously
item No. 6.04).
Jack Starr, representing John and Jeanne Starr, 3450 Fembrook Lane, reported there is a land use
buffer established by the City in 1990 that they assumed would be considered throughout the
project planning. They have attended meetings both at the City and with Bassett Creek
Watershed. The area in question has many ecological and clean water benefits and there is a
great need to restore the creek after the culvert repair in 2014. They sent a letter to the City
regarding adequate clean up after the project. Wood debris and construction materials still
remain, and there is a higher rate of creek bank erosion. The current plan would remove large
trees from the drainage easements to supply wood for the project, and they would clear cut
smaller trees in the seeded areas. Mr. Starr requested this item be tabled for two weeks to further
discuss environmental concerns with foresters and water resource staff, as required by Minnesota
Statute 116B. He referenced Ordinance 90-44 from File 90063 and Resolution 91-435 to allow
rezoning due to the variance request and conflicting land use requirement for a conservation
easement. A permanent conservation area was promised to achieve rezoning with no grading,
vegetation changes, or work in the easements.
Water Resources Manager Asche reported this project will help repair streambank erosion and
demonstrate the City's goal of meeting the total maximum daily load (TMDL). He reported
Adopted Minutes Page 3 of 5 Regular Meeting of November 14, 2017
Reach 1 and 2 will take place on the west side of Fembrook Lane and Reach 3 will take place on
the east side. The City's CIP program includes $800,000 for this project, it is funded by the
Bassett Creek Watershed, and they plan to begin in December.
In response to questions from the Council, Water Resources Manager Asche provided the
following information:
• The December start date depends on when the contract is awarded and coordinated with a
contractor. They also want to make sure the ground is frozen. He doesn't believe a two-
week delay would affect the project.
• The culvert under Fembrook Lane failed in 2014, the road was closed, and a new
structure was installed. He referenced a map and where the conservation easement was
located.
• Beginning with the Federal Clean Water Act, through the Minnesota Pollution Control
Agency (MPCA), the City is required to make progress toward meeting approved TMDL
through impaired bodies of water. This project is intended to improve water quality and
nutrient loading going into Medicine Lake. It will help the City meet the permit
requirements that are part of what the City gets through the MPCA.
• The phosphorus removal is tracked as well as goals with different projects to demonstrate
to the MPCA the City is striving to meet the TMDL number. The TMDL for Medicine
Lake requires about a 1,250 pound reduction in phosphorus. There have been a number
of projects over the last decade to make progress toward that, and it has already been
reduced by about one third to one half. However, there is still more work to be done.
• Two-thirds of the project benefit is tied up in Reach 3. They would be looking to remove
37 pounds out of this section and 15 pounds out of Reach 1 and 2.
• The corner of the Starr's property comes into the stream, and the project has been
designed to avoid work on their property.
• After a site visit with the Basset Creek Watershed members, they were able to preserve
nine trees and they are not proposing to remove all the trees within the construction zone.
The draft plans originally had an access coming in from the north off of 35th Avenue.
• The feasibility study cost $75,000 with additional watershed review fees. The City pays
45 percent of the spending in the Bassett Creek Watershed.
• He has not come across this type of work within a conservation easement in the 10 years
he has worked with the City.
City Attorney Knutson confirmed that conservation easements are recorded with the land. He
referred to this conservation easement and explained restriction No. 4 dictates the proposed
project is an exception because it is a requirement of the City.
John Starr, 3450 Fembrook Lake, stated the City chose not to have legal representation at a
recent meeting, so these arguments could not be addressed. There are a lot of issues that are not
clear cut and additional discussion is needed. None of the trees on their property were being
compromised so there was no negotiation regarding trees. The conservation agreement says that
if a tree falls in the forest and does not land in the creek, it can stay there. None of the experts
they spoke with could come up with a more effective means for water quality than the forest.
There are trees in the forest over 150 years old and if they are removed, it would take over 100
Adopted Minutes Page 4 of 5 Regular Meeting of November 14, 2017
years to replace the efficiency the forest has for clean water projects. The forest does not
contribute to the pollution and the trees and their root structures are good for clean water. He
suggested they have additional discussion on what is the best ecology, the best for clean water,
and who has the true rights to remove trees on this land.
Motion was made by Councilmember Carroll, and seconded by Councilmember Davis, to table
this item to November 28. With Carroll, Johnson, and Wosje voting yes, and Davis, Prom, and
Slavik voting no, the motion failed.
Motion was made by Councilmember Prom, and seconded by Mayor Slavik, to adopt a
Resolution Awarding Contract for the Plymouth Creek Stream Restoration (16007 - Res2017-
343). With all members voting in favor but Carroll and Johnson, the motion carried.
Reports and Staff Recommendations
There were no reports and staff recommendations.
Adiournment
Mayor Slavik adjourned the Regular Meeting at 8:10 p.m. The Council then went into closed
session to receive a labor negotiation update. Mayor Slavik called the meeting to order at 8:15
p.m. Mayor Slavik, Councilmembers Johnson, Prom, Carroll, Wosje, and Davis, City Manager
Callister, and Human Resources Manager Kone were present. Mayor Slavik adjourned the
meeting at 9:45 p.m.
Sandra R. Engdahl, 6y Cler
Adopted Minutes Page 5 of 5 Regular Meeting of November 14, 2017