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Home My WebLink AboutCity Council Minutes 04-23-2013Adopted Minutes Regular Council Meeting April 23, 2013 Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 6:30 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on April 23, 2013. COUNCIL, PRESENT: Mayor Slavik, Councilmembers Stein, Bildsoe, Willis, Johnson, and Black. ABSENT: Councilmember Wosje. STAFF PRESENT: City Manager Ahrens, Administrative Services Director Callister, City Attorney Knutson, Deputy Park and Recreation Director Northway, Public Works Director Cote, Community Development Director Juetten, Fire Chief Kline, Deputy Police Chief Lindman, Assistant City Engineer Renneberg, Construction Manager Paumen, Design Manager Payne, and City Clerk Engdahl. Plymouth Forum There was no one present to address the Council. Presentations and Public Information Announcements City Manager Ahrens announced her resignation effective July 12. The Council thanked her for her years of service to the City. 4.01) Announcement of Special Drop off Day on May 4 Councilmember Black announced the Special Drop Off Day on May 4 at the Public Works Maintenance Facility. Mayor Slavik announced "Walk with the Mayor" on May 6 at 6:00 p.m. at the Plymouth Creek Center. Approval of Agenda Mayor Slavik moved items 7.01 and 7.02 under hearings to the end of the agenda. Adopted Minutes 1 of 6 Regular Meeting of April 23, 2013 Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe, to approve the amended a egnda. With all members voting in favor, the motion carried. Consent Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to adopt the Consent Agenda that included the followingitems: ems: 6.01) Minutes of the 2013 Board of Appeal and Equalization and Regular Meeting on April 9. 6.02) Resolution Approving Disbursements ending April 13, 2013 (Res2013-107). 6.03) Resolution Ordering Preliminary Engineering Report for the Deerwood Glen and Swan Lake Edge Mill and Overlay Project (13004 — Res2013-108), Resolution Receiving Preliminary Engineering Report, Ordering Preparation of Plans and Specifications, and Calling for a Public Hearing for the Deerwood Glen and Swan Lake Edge Mill and Overlay Project (13 004 — Res2013-109), Resolution Approving Plans and Specifications, and Ordering Advertisement for Bids for the Deerwood Glen and Swan Lake Edge Mill and Overlay Project (13004 — Res2013- 110), Resolution Declaring Cost to be Assessed, and Ordering Preparation of Proposed Assessment for the Deerwood Glen and Swan Lake Edge Mill and Overlay Project (13 004 — Res2013-111), and a Resolution for Hearing on Proposed Assessment for the Deerwood Glen and Swan Lake Edge Mill and Overlay Project (13004 — Res2013-112). 6.04) Ordinance Amending Chapter 21 of the City Code (Ord2013-11), Ordinance Amending Chapters 5, 10, and 20 of the City Code (Ord2013-12), and Resolution Approving Summary Publication of the Ordinances (Res2013-113). 6.05) Resolution Approving an Encroachment Agreement for a Fence within a Drainage and Utility Easement in Lot 9, Block 1, Taylor Creek 2nd Addition, 5510 Upland Lane North(Res2013-114). 6.06) Resolution Approving 2013 City of Plymouth Engineering Guidelines and Standard Detail Specifications (Res2013-115). 6.07) Resolution Terminating the Water Quality Pond Maintenance Agreement for Cascades 2002058 — Res2013-116). 6.08) Resolution Approving a Final Plat and Development Contract for Hanson Companies, LLC and GWS Land Development of Plymouth, LLC for "Wood Crest Hills" for Property located at 5285, 5875, and 5925 Vicksburg Lane North (2013017 — Res2013-117) and a Resolution Adopting Assessments for Trunk Sanitary Sewer and Water Main for Wood Crest Hills (2013017 — Res2013-118). Adopted Minutes 2 of 6 Regular Meeting of April 23, 2013 6.09) Resolution Approving a Conditional Use Permit to Exceed 50 Percent Office Use in the I- 2 Zoning District for Property located at 161 Cheshire Lane (2013019 — Res2013-119). 6.10) Ordinance Amending Section 21465.07 of the City Code allowing Trade Schools as a Conditional Use (2013 021 — Ord2013-13), Resolution Approving Findings of Fact for Zoning Ordinance Text Amendment to Section 21465.07 to allow Trade Schools as a Conditional Use in the C-3 Zoning District (2013021-Res2013-120), and a Resolution Approving a Conditional Use Pen -nit to allow a Trade/Cosmetology School for PCI Academy for Property located at 4315 Peony Lane (2013021 — Res2013-121). 6.11) Table any action on the request for a Comprehensive Plan Amendment to re -guide 14 properties west of Dunkirk Lane to the May 14 Council meeting. With all members voting in favor, the motion carried. General Business 8.01) Vegetation Management Ordinance Deputy Director of Parks and Recreation Northway reported on a proposed vegetation management ordinance. She stated this ordinance would provide regulations for natural lawns. Mayor Slavik stated the vast majority of residents in the City have manicured lawns, and the majority of the complaints are from residents who are concerned with their neighbors who aren't maintaining their lawns. She asked if neighbor input would be allowed for a natural lawn. Deputy Director of Parks and Recreation Northway replied no. Mayor Slavik stated she's concerned that this ordinance would be an easy way out for residents to maintain their lawns and would create more problems in the neighborhood. Deputy Director of Parks and Recreation Northway stated if a lawn is intended to be a manicured lawn, and the grass grows beyond eight inches, than a notification would come from the City. This could be in the front and backyards. Mayor Slavik stated she's concerned with natural lawns in the front lawn. It would seem to make more sense to have natural lawns on the side yards. Councilmember Willis asked if homeowners associations require certain levels of maintenance, such as manicured lawns, would the City's vegetation management ordinance take precedence over the homeowners associations regulations. City Attorney Knutson replied no. If a homeowners association prohibits natural lawns, they can enforce that. Councilmember Bildsoe asked if it's correct that if a resident desired a natural lawn, they would need to provide a management plan to staff. Deputy Director of Parks and Recreation Northway Adopted Minutes 3 of 6 Regular Meeting of April 23, 2013 replied yes. Staff has prepared a draft process for the actual application form. Residents would include the plants in the plan, the height, how close to the street, and how they'll be maintained. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to adopt the Ordinance. Councilmember Johnson asked if the plantings would be allowed in the rights-of-way and easements. Deputy Director of Parks and Recreation Northway replied yes, but there can't be site obstruction, and there has to be a buffer for sidewalk and trails. Councilmember Johnson stated if there are plantings in the right-of-way, and the City needs to disturb those plantings due to a street project, is the City responsible for replacing those plants. Deputy Director of Parks and Recreation Northway replied yes. Mayor Slavik stated she has a concern with that. Councilmember Johnson stated she prefers that the City not encourage residents to plant in the right-of-way. A portion of a resident's yard could be dug up for good reason, and the homeowner could've went through great expense for their plantings. She asked when there is a change in ownership of a property, does the permit stay with the property or the homeowner. Deputy Director of Parks and Recreation Northway replied the permit stays with the property. Staff would maintain a database and notify the new owner that they need to maintain that. Councilmember Johnson stated this is requiring more work of staff to police the program. Mayor Slavik asked if staff has determined how much time it will take to manage this program. Deputy Director of Parks and Recreation Northway replied they've had approximately 20 properties that have had complaints leaning towards a native landscape. The proposed ordinance would assist staff to deal with those items and those property owners that have a more natural looking landscape. Mayor Slavik stated the City has always informed residents to not plant in the right-of-way. It isn't fair to the taxpayers to replace plantings and boulders as they were in the right-of-way. Therefore, she doesn't support native landscaping in the right-of-way. Councilmember Johnson suggested more time for Council to review what is being proposed. Councilmember Stein asked at what point does a garden become a native plant in someone's yard. Deputy Director of Parks and Recreation Northway replied staff hasn't necessarily established a percentage. Generally, weed notifications are complaint driven. To some extent, it depends on whether the neighbors are accepting of it. Councilmembers Bildsoe and Johnson withdrew their motion. Adopted Minutes 4 of 6 Regular Meeting of April 23, 2013 Motion was made by Johnson, and seconded by Bildsoe, to table this item to May 14 or to a future study session in order to address the concerns that were expressed this evening. With all members voting in favor but Black, the motion carried. Public Hearings 7.01) On -Sale Wine and 3.2 License Applications for Baja Sol Plymouth LLC, d/b/a Baja Sol Tortilla Grill, 10100 6"' Avenue North, Suite 102 City Clerk Engdahl reported on the on -sale wine and 3.2 liquor license applications of Baja Sol Plymouth LLC, d/b/a Baja Sol Tortilla Grill, 10100 6th Avenue North, Suite 102. Mayor Slavik opened the public hearing. Mayor Slavik closed the public hearing. Motion was made by Councilmember Black, and seconded by Councilmember Johnson to adopt a Resolution Approving the On -Sale Wine and 3.2 Licenses for Baia Sol LLC d/b/a Baja Sol Tortilla Grill, 10100 6th Avenue North, Suite 102 (Res2013-122). With all members voting in favor, the motion carried. 7.02) Project and Assessment Hearing and Award of Contract for the Sagamore Street Reconstruction Project (13005) Construction Manager Paumen reported on the proposed project and assessments for the Sagamore Street reconstruction project. He stated construction is proposed to begin on May 15 and be completed by July 19. Mayor Slavik opened the public hearing. Mayor Slavik closed the public hearing. Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to adopt a Resolution Ordering Improvement for the Sagamore Street Reconstruction Project (13005 — Res2013-123), Resolution Adopting Assessments for Sagamore Street Reconstruction Project 13005 — Res2013-124), and a Resolution Awarding Contract for Sagamore Street Reconstruction Project (13005 — Res2013-125). With all members voting in favor, the motion carried. Reports and Staff Recommendations 9.01) Appointment to Bassett Creek Watershed Management Commission Adopted Minutes 5 of 6 Regular Meeting of April 23, 2013 Councihnember Black requested adoption of a resolution appointing David Tobelmann as the City's alternate member on the Bassett Creek Watershed Management Commission for a term to expire January 31, 2013. Motion was made by Councilmember Black, and seconded by Councilmember Johnson to adopt a Resolution Appointing David Tobelmann as an Alternate Member to the Bassett Creek Watershed Management Commission (Res2013-126). With all members voting in favor, the motion carried. 9.02) Legislative Update Administrative Services Director Callister gave an update on the legislative bills that staff is tracking. Councilmember Johnson requested staff to draft a letter to the Legislature's tax committees regarding approving the City of Bloomington's request to use fiscal disparities for a project involving the Mall of America. By request of Councilmember Willis, Administrative Services Director Callister provided a brief report on the status of the bill regarding a surcharge on insurance policies to pay for police and fire pensions. 9.03) City Manager Update Human Resources Manager Kone provided options to the Council to fill the City Manager position. Mayor Slavik stated the Council would discuss the hiring process for the City Manager position at the May 14 study session at 5:30 p.m. The CPR training that was scheduled during that time would be rescheduled. Adjournment Mayor Slavik adjourned the meeting at 7:57 p.m. A,I,hyvwo GIlj Sandra R. Engdahl, City Clerk Adopted Minutes 6 of 6 Regular Meeting of April 23, 2013