HomeMy WebLinkAboutCity Council Minutes 09-25-2007Adopted Minutes
Regular Council Meeting
September 25, 2007
Mayor Slavik called a Regular Meeting of the Plymouth City Cormcil to order at 7:00 p.m. in the
Council Chambers of City Hall, 3400 Plymouth Boulevard, on September 25, 2007.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Stein, Murdock, Black, Bildsoe, and
Willis.
ABSENT: Councilmember Hewitt.
STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Fire Chief Kline, Public
Works Director Cote, Community Development Director Juetten, Police Chief Goldstein,
Administrative Services Director McGann, Park and Recreation Supervisor Greupner, Planner
Doty, and City Clerk Engdahl.
Plymouth Forum
There was no one present to address the Council.
Presentations and Public Information Announcements
4.01) Announcement of Plymouth on Parade on September 29
Park and Recreation Supervisor Greupner announced Plymouth on Parade to be held on
September 29.
4.02) Watering Restrictions
City Manager Ahrens announced that staff is recommends to lift the water restriction that would
expire on September.30 due to the more favorable weather conditions for watering. The Council
unanimously approved this request.
Approval of Agenda
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Stein, to
approve the agenda. With all members voting in favor, the motion carried.
Consent Agenda
Councilmember Bildsoe requested a minor correction to page 5 of the September 11 Regular
Council meeting minutes.
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Regular Meeting of September 25, 2007
Page 2 of 6
Item No's. 6.04 and 6.16.1 were removed from the Consent Agenda and placed under General
Business as item No's. 8.05 and 8.06 respectively.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt
the Consent Agenda that included the following items:
6.01) Minutes from the Regular and Special Meetings of September 11.
6.02) Resolution Approving Disbursements for the Period Ending September 15, 2007
Res2007-388).
6.03) Resolution Receiving Feasibility Report, Ordering Improvements and Preparation of
Plans and Specifications for Wood Creek Erosion Repair Project (6103 — Res2007-389).
6.04) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.05).
6.05) Resolution Adopt Special Assessment Bond Rate (Res2007-390).
6.06) Resolution Approving a Variance to allow 200 -watt Light Fixtures that are not fully
Shielded at Parkers Lake Park located at 15500 County Road 6 (2007076 — Res2007-391).
6.07) Resolution Approving a Variance for Rear Yard Setback for Steele Construction Services
Inc. for Property located at 5300 Norwood Lane North (2007079 — Res2007-392).
6.08) Postpone approving request for payment No. 21 for the Vicksburg Lane Pumping Station
3108).
6.09) Resolution Receiving Non -Degradation Report for the Municipal Separate Storm Sewer
MS4) General Permit (7108 — Res2007-393).
6.10) Resolution Requesting Payment No. 2 and Final for 2007 Temporary Overlay Project
7123 — Res2007-394).
6.11) Resolution Setting Hearing on Proposed Assessment for 2007 Mill and Overlay Project
7104 — Res2007-395) and a Resolution Declaring Cost to be Assessed and Ordering Preparation
of Proposed Assessment Roll for 2007 Mill and Overlay Project (7104) — Res2007-413).
6.12) Resolution Terminating Water Quality Pond Maintenance Agreement for Westbranch 4°i
Addition (97134 — Res2007-396).
6.13) Resolution Approving Wetland Replacement Plan Application for County Road 101
hnprovements from 14a' Avenue to County Road 24 (5102 — Res2007-397).
6.14) Resolution Awarding Contract for Wikman Erosion Project (6113 — Res2007-398).
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Regular Meeting of September 25, 2007
Page 3 of 6
6.15) Resolution Approving an Exemption and Authorizing the Mayor to Sign the Wetland
Conservation Act Certificate of Exemption Form for Wikman Erosion Control Project (6113 —
Res2007-399).
6.16.1) (This item was removed from the Consent Agenda and placed under General Business
as item No. 8.05)
6.16.2) Resolution Setting Hearing on Proposed Assessment for 2007 Street Reconstruction
Project (6102 — Res2007-400) and a Resolution Declaring Cost to be Assessed and Ordering
Preparation of Proposed Assessment Roll for 2007 Street Reconstruction Project (6102 —
Res2007-401).
6.16.3) Resolution Setting Hearing on Proposed Assessment for 2007 Street Reconstruction
Project (7107 — Res2007-402) and a Resolution Declaring Cost to be Assessed and Ordering
Preparation of Proposed Assessment Roll for 2007 Street Reconstruction Project (7107 —
Res2007-403)
Motion carried to approve the Consent Agenda.
Public Hearings
7.1) Vacation of Platted Drainage and Utility Easement along the Common Lot line of
Lots 2 and 3, Block 1, Park Place
Public Works Director Cote reported on the proposed Vacation.
Mayor Slavik opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Slavik
declared the public hearing closed.
Motion was made by Councilmember Bildsoe, and seconded by Cormcilmember Stein to adop
a Resolution Authorizing the Vacation of a Platted Drainage and Utility Easement along the
Common Lot Line of Lots Two and Three, Block One, Park Place (Rcs2007-404). With all
members voting in favor, the motion carried.
General Business
8.05) One -Year Extension of the Site Plan and Conditional Use Permit Approvals for
Family Hope Services for Property located at the Southeast Corner of County Road 101
and 40`x' Avenue (2003002)
Councilmember Willis expressed his concern that the Council is being requested to approve
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Regular Meeting of September 25, 2007
Page 4 of 6
another extension, and he would like assurance from the applicant that this would be their last.
Kurt Smith, 6600 West Shore Drive, Board Member of Family Hope Services, stated they have
had some difficulty in reaching their financial campaign goal. They are in the process of starting
another campaign fund needed to acquire the property.
Motion was made by Councilmember Willis, and seconded by Councilmember Murdock, to
adopt the Resolution with the addition of a clause stating, "The applicant shouldn't expect that
the City will renew the extension after the current term." With all members voting against the
motion except Murdock and Willis, the motion failed.
Motion was made by Mayor Slavik, and seconded by Councilmember Willis, to adopt a
Resolution Approving a One -Year Extension of the Site Plan and Conditional Use Permit
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to the Contract for Deed with Family Hope Services Incorporated (2003002 — Res2007-406).
With all members voting in favor, the motion carried.
8.06) Setting Hearing on Proposed Assessment for 2007 Street Reconstruction Project
7101)
Dale Anderson, 17830 31d Avenue North, representing the Hawthorne Ponds Homeowners
Association, expressed his concern on how the project would be assessed when the engineers
estimate is less than the actual bid. Therefore, the property owners don't feel they should be
assessed for anything over actual cost.
Bill Muske, 17825 3`d Avenue North, stated he's concerned about methodology to assess
property owners, and trying to understand if there are other costs other than outside contractors
that are included, such as engineering and overhead.
John Farnham, 325 Narcissus Lane North, requested that the issue be resolved on the how the
assessments are charged.
Gary Johnson, 17910 3rd Avenue North, stated residents should only be assessed for actual costs
of the project, not engineering and overhead.
Mayor Slavik stated of the $2.2 million that the City budgeted, approximately $1.8 million
would be assessed. She stated that the fiends haven't been appropriated for this project. Those
figures were only estimates. Therefore, there are no savings to pass on to the property owners.
The City only assesses the actual costs of the project. Public Works Director Cote added the
City assesses 15% for engineering and administration costs, and the design engineer's budget is
funded through this 15%. He stated that it's difficult for the City Engineer to make estimates due
to many changing factors in the economy, which is why the estimates are conservative. With
this particular project, a number of bids were very favorable and lower than the engineer's
estimate; however, there were a number of bids that were very close to the engineer's estimate.
Administrative Services Director McGann added the City needs to collect 105% in order to make
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Regular Meeting of September 25, 2007
Page 5 of 6
the debt service payments, which is a State requirement. The City also offers the flexibility of
making prepayments, in which only principal is collected, not interest.
Motion was made by Councilmember Bildsoe and seconded by Councilmember Black to adopt
a Resolution Setting Hearin onn Proposed Assessment for 2007 Street Reconstruction Project
7101 — Res2007-407) and a Resolution Declaring Costs to be Assessed and Ordering
Preparation of Proposed Assessment Roll for 2007 Street Reconstruction Project (7101—
Res2007-408). With all members voting in favor, the motion carried.
8.1) Comprehensive Plan Amendment, Rezoning, Preliminary Plat and Variances for
Homeland" Property located at 4520 Holly Lane (Greg Hoglund and Gary Anderson —
2007060)
Planner Doty reported on the request to reguide a 0.7 acre site located at 4520 Holly Lane North
from P -I to LA -1, rezone from FRD to RSF-1, preliminary and final plat approval to create two
lots, and lot Variances to allow two 15,400 square foot lots, where 18,500 square feet is specified
in the RSF-1 Zoning District. The Planning Commission and staff support the reguiding, but not
the other requested approvals. He noted that the two lots wouldn't meet the minimum lot area of
the proposed district, and the subject property wouldn't be compatible with the existing
properties in the neighborhood.
Greg Hoglund, applicant, stated this is the original home on the golf course. At this time they
have no intention of constructing a home on this property. Regarding the denial of the rezoning,
it couldn't be divided in such a way to meet the 18,500 square feet of the RSF-1 requirements.
He stressed that this is a substandard lot that isn't compatible with the existing properties. The
stake for this property is in the middle of Holly Lane, and the legal description is over 39,800
square feet. Therefore, it meets the RSF-1 requirements for lot sizes of 18,500. Lastly,
according to the Comprehensive Plan, this property should accommodate one to two dwelling
units. The rezoning of the site would be consistent with the guiding in the Comprehensive Plan.
He noted that there is a second hookup for City services on this property. This is a lot that can
and should be subdivided in the future. He indicated that there is no neighborhood opposition to
these requests.
City Attorney Knutson noted that the area under a public street isn't considered part of the lot
size.
Motion was made by Councilmember Black, and seconded by Cormcilmember Willis, to adopt a
Resolution Approving a Comprehensive Plan Amendment for Greg Hoglund and Gary Anderson
for Property located at 4520 Holly Lane North (2007060 — Res2007-409). With all members
voting in favor, the motion carried.
Motion was made by Councilmember Stein, and seconded by Cormcilmember Black to adopt a
Resolution Denying a Rezoning, Preliminary Plat, Final Plat, and Variances for Two Single -
Family Lots to be known at "Homeland" located at 4520 Holly Lane North (2007060 — Res2007-
410). With all members voting in favor, the motion carried.
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Regular Meeting of September 25, 2007
Page 6 of 6
8.2) Site Plan, Conditional Use Permits, and Variances for Two Four -Story Office
Buildings for Property located in the Northwest Quadrant of Highways 55 and 169
Community Development Director Juetten reported on the proposal.
Dave Bade, representing the applicant, provided a brief overview of the project and answered the
Council's questions.
Motion was made by Councilmember Black, and seconded by Councilmember Murdock, to
adopt a Resolution Approving a Site Plan, Conditional Use Permits, and Variances for Duke
Realty, LP to allow Construction of Two Office Buildings for Property located in the Northwest
Quadrant of Highway 55 and Highway 169 (2007071 — Res2007-411). With all members voting
in favor, the motion carried.
8.3) Public Facilities Plan Chapter of the Comprehensive Plan Update (City of Plymouth
2005050)
Planner Doty discussed the proposed public facilities plan chapter of the Comprehensive Plan.
Councilmember Black requested to insert language regarding green building principals, when it's
economically feasible.
Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adopt a
Resolution Approving Preliminary Public Facilities Plan Chapter for the 2008 City of Plymouth
Comprehensive Plan Update (2005050 — Res2007-412) with the addition of language re argding
green building principals when it's economically feasible. With all members voting in favor, the
motion carried.
Reports and Staff Recommendations
There were no Reports and Staff Recommendations.
Adiournment
Mayor Slavik adjourned the meeting at approxiTately 8:40 p.m.
andra R. Engdahl, Vi y Clerk