HomeMy WebLinkAboutCity Council Minutes 02-26-2008Approved Minutes
Regular Council Meeting
February 26, 2008
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 February 26, 2008.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Murdock, Stein, Black, Hewitt, Bildsoe,
and Willis.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Police Chief Goldstein,
Public Works Director Cote, Community Development Director Juetten, Park and Recreation
Director Blank, Deputy Fire Chief Harr, and City Clerk Engdahl.
Plymouth Forum
There was no one present to address the Council.
Presentations and Public Information Announcements
4.01) Proclamation Declaring March 3 as "Putting Family First Night"
Mayor Slavik declared March 3 as "Putting Family First Night."
Mayor Slavik thanked Deputy Fire Chief Hurr for her years of service to the City as she pursues
a new employment opportunity.
Approval of Agenda
Item No. 9.1 was removed from the Consent Agenda.
Motion was made by Councilmember Hewitt and seconded by Councilmember Black, to
approve the amended a nda. With all members voting in favor, the motion carried.
Consent Aeenda
Motion was made by Councilmember Black and seconded by Councilmember Hewitt, to adopt
the Consent Agenda that included the following items:
6.01) Minutes from the Regular Meeting of February 12.
Proposed Council Minutes 1 of 5 February 26, 2008
6.02) Resolution Approving Disbursements for the Period Ending February 16, 2008 (Res2008-
063).
6.03) Resolution Approving a Final Plat and Development Contract for James R. Hill, Inc. for
Bassett Creek Office Centre" for Property located North of Highway 55, between South Shore
Drive and Revere Lane (2006111-F — Res2008-064).
6.04) Resolution Awarding Contract for 2008 Temporary Overlay Project (8106 — Res2008-
065).
6.05) Resolution Approving 2008 Engineering Guidelines and Standard Detail Specifications
for Construction (Res2008-066).
6.06) Resolution Approving an Exemption and Authorizing the Mayor to Sign the Wetland
Conservation Act Certificate of Exemption Form for PID 16-118-22-41-0069 (Res2008-067).
6.07) Resolution Approving a Site Plan Amendment and Conditional Use Permit Amendment
to allow a Building Addition and Parking Expansion at Oakwood Elementary School located at
17340 County Road 6 (2007111 - Res2008-068).
6.08) Resolution Approving Purchase of One New Current Model High Velocity Sewer
Cleaner (Res2008-069).
6.09) Resolution Approving Payment to I-4949 Corridor Commission for Annual Memberships
Res2008-070).
Motion carried to approve the Consent Agenda
Public Hearings
7.1) Vacation of Drainage and Utility Easements within the Village of Bassett Creek
Public Works Director Cote reported on the proposed Vacation request.
Mayor Slavik opened the public hearing.
Mayor Slavik declared the public hearing closed.
Motion was made by Councilmember Hewitt and seconded by Councilmember Bildsoe, to adopt
a Resolution Authorizing the Vacation of Drainage and Utility Easements as Platted within
Outlot A along with Document No 1958200 within Outlots A and B, The Village at Bassett
Creek (Res2008-07D. With all members voting in favor, the motion carried.
General Business
Proposed Council Minutes 2 of 5 February 26, 2008
8.1) County Road 101 Reconstruction from 13th Avenue to 30th Avenue (5102)
Mayor Slavik noted correspondence received from Alfred Heitkamp, 2116 Merrimac Lane
North, regarding their proposed assessment, and she stated this correspondence would be made
part of the official record.
Res2008-072. With all members voting in favor, the motion carried.
8.2) Preliminary Plat for Six Single -Family Lots for Outlot A of Heritage Woods Estates
2nd Addition near 57th Avenue and Teakwood Lane (LakeWest Development Co., LLC —
2007110)
Community Development Director Juetten reported on this item and the recommendation by the
Planning Commission to deny this application due to the interim ordinance that was adopted on
January 22 regarding outlots. He stated the Council would also have the option to exempt this
property from the moratorium if that is their desire.
Cindy Dawson, 13320 56th Avenue North, stated the Preliminary Plat was completed last
November, and it should've been reviewed in January. However, it wasn't, and an interim
ordinance was adopted regarding certain outlots in the City, of which one of the outlets being
part of this Preliminary Plat application. She questioned if the moratorium on the redevelopment
of those outlots was purposely adopted to block this development. She requested that the outlot
contained in this development application be excluded from the interim ordinance, and following
the study, the results be provided to residents. She also commented that the Open Space
Committee reviewed this outlot, but didn't recommend that it be purchased as part of the open
space acquisitions at that time.
Carol Richardson, 13200 56th Avenue North, agreed with Ms. Dawson, as plans were well
underway before the interim ordinance was adopted. She referred to an email between
Councilmember Black and a resident, and voiced her concern regarding comments in that email.
She stated this email, as well as other correspondence between individual councilmembers and
residents, should be made part of the public record. This information should also be made
available on the City's website. Lastly, she commented that the Council's minutes from the
September 11, 2007 Council meeting don't contain all comments made at that meeting regarding
this redevelopment; therefore, they aren't totally reflecting the discussion that occurred on this
item.
Karen Behm, 13230 57th Avenue North, also requested that the outlot in this proposed
development be excluded from the interim ordinance. She explained that 56 of the 61
homeowners in this development support selling this property. She provided the history of the
homeowners association as well as the process the developer has gone through for this proposed
development. She stated the City has told the homeowners association the past four years that
it's the decision of the association on what they want to do with the outlet. Therefore, the
bylaws of the association were amended to allow for the sale of this property. Lastly, she stated
there is no access to this property, it's not on a City trail, and there is liability to the homeowners
association when children are using it for sliding purposes.
Proposed Council Minutes 3 of 5 February 26, 2008
Thomas Switzer, 13200 57`" Avenue North, voiced his support for the interim ordinance and not
exempting this outlot from that ordinance. He stated this property isn't a liability issue for the
homeowners association but a money issue.
Curt Fretham, developer, stated if this property is exempt from the interim ordinance, he be
allowed additional time for the preliminary plat review.
The Council made a number of comments in response to those that provided testimony:
1. The applicant has the ability to withdraw this proposal and immediately submit it after the
expiration of the interim ordinance.
2. The interim ordinance wasn't adopted to block this development, but rather to give the City
the opportunity to review the outlots so they could be dealt with consistently and fairly, review
what unintended consequences there could be if they would be developed, and to have a better
understanding of the inventory of those open spaces.
3. Information regarding the outlot study would be public information, and those residents could
request staff to be placed on a mailing list for the reports as soon as they are available.
4. The Open Space Committee formed in 1995 no longer exists. This was a short-term
committee that prepared for the open space referendum.
5. Information on the City's website contains the information that's provided in the Council
packets. When the Council receives correspondence from residents, it becomes part of the public
record. Emails between individual Councilmembers and residents are private unless either party
makes it public.
6. The suggestion was made to post the outlot in this development "private property/no
trespassing" to discourage children from sliding on the property.
7. The adopted minutes from the September 11, 2007 Council meeting where the Council
provided informal review comments on the sketch plan for the development, were very clear that
the Council had a number of concerns regarding this proposed development. Therefore, there
shouldn't have been a misunderstanding on the Council's position.
8. Meeting minutes are only intended to be a summary of what occurred at a Council meeting.
Therefore, they aren't reflective of all the comments made. The public can purchase a copy of
the meeting tape if they would like to hear every comment made at a meeting.
Motion by Councilmember Black, and seconded by Councilmember Willis, to adopt a
and Teakwood Lane (2007110 — Res2008-073).
The Council voted on the motion and with all members voting in favor but Bildsoe, the motion
carried.
Reports and Staff Recommendations
9.1) LMC 2008 Transportation Funding Policy Statement
This item was removed from the agenda).
Proposed Council Minutes 1
4 of 5 February 26, 2008
9.2) Legislative Update
Mayor Slavik reported staff is trying to schedule meetings between the Council and area
legislators.
Adiournment
Mayor Slavik adjourned the meeting at approxi tely 7:53 p.m.
ALIAh
andra R. Engdahl, 4y Clerk
Proposed Council Minutes 5 of 5 February 26, 2008