HomeMy WebLinkAboutCity Council Minutes 01-24-2012 SpecialAdopted Minutes
Special Council Meeting
January 24, 2012
Mayor Slavik called a Special Meeting of the Plymouth City Council to order at 5:30 p.m. in the
Medicine Lake Room, 3400 Plymouth Boulevard, on January 24, 2012.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Wosje, Willis, Stein, Black, and
Johnson.
ABSENT: Councilmember Bildsoe.
STAFF PRESENT: City Manager Ahrens, Community Development Director Juetten, Public
Works Director Cote, Utilities Manager Newberger, and City Clerk Engdahl.
Consider Agreement with Silverthorne Homeowners Association
Public Works Director Cote stated in August 2011, the Silverthorne HOA submitted a formal
request for the City to assume responsibility for the maintenance of their streets as set forth in
City policy. They also requested the City to take on maintenance of their otherwise private
utilities. Currently, the City doesn't have a policy for assuming the maintenance of the utilities,
but staff has prepared a draft policy to that effect. The policy would require that any townhome
or condominium HOA that requests the City assume maintenance of their utilities must first meet
the criteria set forth in the policy. Staff would formally respond to the HOA by providing a
preliminary indication whether the private utilities would be accepted for public maintenance. If
the policy criterion is met and staff's response is affirmative, the HOA must approve an
Agreement Regarding Transfer of Certain Improvements between Homeowner's Association and
City of Plymouth in order to proceed. This agreement allows the HOA to bring the private
utilities to City standards by undertaking improvements themselves or the HOA can request the
City to undertake the improvements. If the HOA desires to have the City undertake the
improvements, the HOA must escrow with the City funds to cover the City's out-of-pocket costs
in preparing and administering the agreement. Once the agreement is approved by the HOA and
funds are escrowed with the City, the agreement would be brought to the Council for
consideration and execution. The HOA must also approve a Public Improvement Assessment
Agreement prior to awarding a contract for any improvements to the private utilities.
Councilmember Willis asked if the City could potentially be liable if streets need to be torn up to
the repair the utilities. Public Works Director Cote replied a precedent was set with the Chelsea
Woods utility agreement. Councilmember Willis added that Chelsea Woods was the first
development to have private utilities. They also desired not as wide roads in their development.
Adopted Minutes 1 of 3 Special Meeting of January 24, 2012
Mayor Slavik asked why the utilities were constructed as private utilities. Public Works Director
Cote replied he's unsure.
Representatives from Silverthorne HOA stated they haven't escrowed funds for utility repairs,
only street repairs.
Councilmember Stein asked if repairs are needed to the utilities, and the HOA hasn't escrowed
any funds and the City makes the repairs, is the HOA assessed. Public Works Director Cote
replied under the agreement, if there are repairs, the HOA would be assessed approximately
16,000, and that can be assessed or escrowed.
Mayor Slavik and Councilmembers Stein, Johnson, and Black stated they could support an
agreement for the utilities.
Councilmember Willis asked if the City assumes maintenance for the utilities, should the City
also take over the maintenance of the streets.
Councilmember Stein suggested that the agreement could contain a clause that if there is a repair
to the utilities, reasonable care will be made to the repair of the streets.
Representatives from Silverthorne HOA stated they hope to have enough funds to take care of
any initial repairs to the utilities without assessing. They haven't had any problems with their
utilities.
Councilmember Black stated she would also support taking over the maintenance of the streets.
Councilmember Willis stated the Council could incorporate the utilities into the street policy in
order to take over the utilities as well. He stated it's easier for the City to administer with one
policy. Therefore, he would prefer one document.
Councilmember Stein stated it's highly unusual for the HOA to do any upgrades themselves as
the City is able to get better pricing.
The Council provided some minor wording changes to the proposed agreement with Siiverthorne
HOA. Staff will prepare a proposed agreement that will be placed on a future Council agenda.
Future Study Sessions
The Council scheduled a study session on February 28 at 5:30 p.m. to discuss redistricting.
Adopted Minutes 2 of 3 Special Meeting of January 24, 2012
Adiournment
Mayor Slauik adjourned the meeting at 6:25 p.m.
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andra R. Engdah"ity Clerk
Adopted Minutes 3 of 3 Special Meeting of January 24, 2012