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HomeMy WebLinkAboutCity Council Minutes 06-14-2005Adopted Minutes Regular Council Meeting June 14, 2005 Mayor Johnson 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 June 14, 2005. COUNCIL PRESENT: Mayor Johnson, Councilmembers Hewitt, Slavik, Stein, Black, Bildsoe, and Willis. ABSENT: None. STAFF PRESENT: Fire Chief Kline, Finance Director Hann, Police Chief Goldstein, City Attorney Knutson, Park and Recreation Director Blank, Community Development Director Hurlburt, Public Works Director Cote, Design Engineer Renneberg, Public Safety Education Specialist Cwayna, and City Clerk Paulson. Plymouth Forum Laura Landis, 3409 Kilmer Lane,. Program Coordinator with Home Free, thanked the Council for their support with their programs. Presentations and Public Information Announcements 4.01) Announcement of Music in Plymouth on July 6 Barbara Willis, Carol Bendell, Kris St. Martin, and Mele Willis of the Plymouth Civic League, spoke of this year's Music in Plymouth on July 6 at the Hilde Performance Center as well as the 5k walk/run schedule on June 25. Included in this year's event will be recognition of the City's 50th Anniversary. They thanked the City for all their support. Mayor Johnson thanked the Plymouth Civic League for all their work on these events. 4.02) Announcement of "Summer Safety" Open House Public Safety Education Specialist Cwayna reported on the "Summer Safety Night" on June 16 from 6:00 p.m. -8:00 p.m. at Fire Station No. 3. Approval of Agenda Councilmember Black requested to add scheduling a Study Session as item No. 9.2 under Reports and Staff Recommendations. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to Adopted Council Minutes Regular Meeting of June 14, 2005 Page 2 of 16 approve the amended a egnda. With all members voting in favor, the motion carried. Consent Agenda Councilmember Slavik registered a no vote for item No. 6.19. Councilmember Willis removed item No. 6.16, and it was placed under General Business as item No. 8.3. Councilmember Black registered a no vote for item No. 6.08. Mayor Johnson removed item No. 6.12 by request of Jill Baechler, 4205 xenim Lane North, and it was placed under General Business as item No. 8.4. Mayor Johnson noted that it has been requested to postpone item No. 6.09 until June 28; therefore,, that item was removed from the Consent Agenda. Mayor Johnson noted an amended Resolution for item No. 6.17 was handed out. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black to approve the amended Consent Agenda, which included the following items: 6.01) Minutes of the Regular and Special Council Meetings of May 24, and Special Meetings of June 6 and June 7. 6.02) Resolution Approving Disbursements for the. Period Ending June 3, 2005 (Res2005-207). 6.03) Resolution Accepting the 2004 Comprehensive Annual Financial Report and Audit Res2005-208). 6.04) Resolution Approving Consent of Assignment of Contract No. A050938 for the use of Election Equipment (Res2005-209). 6.05) Resolution Approving Variances to the Minimum Lot Width and Area to allow a Minor Subdivision to create Two Lots for Property located at 9920 28t` Avenue North (2005003 — Res2005-210). 6.06) Ordinance Amending Chapter 5 of the City Code relating to Administration of Development Contracts (2005047— Ord2005-10). 6.07) Resolution Approving an Interim Home Occupation License for Mary Schabel for Property located at 17410 9th Avenue North (2005044 — Res2005-211). 6.08) Resolution Approving a Variance to allow a 51% Impervious Surface Area Coverage to allow Construction of a Home Addition by Skyline Design, Inc. for Property located at 1840 Adopted Council Minutes Regular Meeting of June 14, 2005 Page 3 of 16 Juneau Lane North (2005038 - Res2005-212). 6.09) (This item was postponed to June 28, 2005). 6.10) Ordinance Amending Chapter 21 of the City Code to Classify Certain Land located at 13825.Schmidt Lake Road (2005041— Ord2005-11), Resolution Approving Findings of Fact for the Rezoning of Property located at 13825 Schmidt Lake Road (2005041— Res2005-213), and a Resolution Approving a Site Plan Amendment and Interim Use Permit for Construction Consultants, Inc. at the Fluidyne Aerotest Laboratory located at 13825 Schmidt Lake Road 2005041— Res2005-214). 6.11) Resolution Approving Garbage Hauler License for Master Waste Services, LLC Res2005-215). 6.12) (This item was moved from the Consent Agenda and placed under General Business as item No. 8.4). 6.13) Resolution Approving Designation of Engineer for Design and Construction Services for Vicksburg Lane/25th Avenue/Shanandoah Lane Traffic Signal Improvements (5105 — Res2005- 216). 6.14) Resolution Approving Change Order No. 1 for 2005 Temporary Overlay Project (5114 — Res2005-217). 6.15) Resolution Authorizing "No Parking" Restriction on the North Side of 34th Avenue between Plymouth Boulevard and the Driveway to Community Bank of Plymouth (Res2005- 218). 6.16) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.3). 6.17) Resolution Approving Layout No. 2 for County Road 24 -Olive Lane to Jewel Lane (5122 Res2005-219). 6.18) Resolution Approving Change Order No. 3 for Central and Zachary Water Treatment Plans Expansion and Upgrade (2032 — Res2005-220). 6.19) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Plymouth Metrolink Station 73 Transit Facility (3125 — Res2005-221). 6.20) Resolution Revising Resolution No. 2004-531 Approving Final Plat for Heritage Development of Minnesota for "Plymouth Crossing," a 30 -Unit, Multiple -Family Development located on the Southwest Corner of the Intersection of Schmidt Lake Road and Northwest Boulevard (2004116F — Res2005-222). 6.21) Resolution Authorizing Expenditure of Charitable Gambling Funds (Res2005-223). Adopted Council Minutes Regular Meeting of June 14, 2005 Page 4 of 16 6.22) Resolution Authorizing Dock Permits on Medicine Lake (Res2005-224). Motion carried to approve the Consent Agenda. Public Hearings 7.1) Vacation of Drainage and Utility Easements over Lots 7 and 8, Block 1, Zinal Second Addition Public Works Director Cote illustrated the proposed Vacation of the 10 -foot drainage/utility easement over the west 110.04 feet of Lots 7 and 8, Block 1, of the Zinal Second Addition. He explained that Sharon Anderson, 16025 County Road 6, petitioned the Vacation. He stated that Zinal Second Addition was platted in 1960 with a 10 -foot drainage/utility easement running from east to west through the common lot lines of Lots 1 through 14, of Block 1. At the time of platting, there was an existing farmhouse located where the common lot line of Lots 7 and 8 was platted. In addition to the lot lining running through the structure, there is also a 10 -foot easement. In July 2004, an administrative permit was approved to allow the redevelopment of a non -conforming lot located at 16020 14th Avenue (the south half of Lot 8, Block 1). It was recommended to have a 10 -foot drainage/utility easement vacated that runs through the existing house at 16025 County Road 6. The City would retain the east 10 feet of the existing easement due to an existing power pole located on the common lot lines. Mayor Johnson opened the public hearing for testimony. There being no one wishing to appear to give testimony, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe, to adopt a Resolution Approving the Vacation Authorizing the Vacation of a Dedicated Draina eg /Utility Easement within Lots 7 and 8, Block 1, Zinal Second Addition (Res2005-225) and a Resolution. Setting Conditions to be met Prior to Filing of Resolution No. 2005-225 Vacating a Drainage/Utility Easement Within Lots 7 and 8, Block 1, Zinal Second Addition (Res2005-226). With all members voting in favor, the motion carried. 7.2.1) Assessments for 2005 Street Reconstruction Project (5101) Public Works Director Cote stated this year's street reconstruction project involves the reconstruction of residential streets in three different areas. The first area referred to as Gleanloch, includes the cul-de-sacs of Resden Road and Ravenwood Road. The second area referred to as Ranchview West, is located from Vicksburg Lane to Ranchview Lane and from 2nd Avenue to 9th Avenue. The final reconstruction area referred to as Ranchview East and is located from Ranchview Lane to Niagara Lane and from 3rd Avenue to 8th Avenue. Also included with this project is a mill and overlay on Carlson Parkway, from Minnetonka City limits to Gleason Lake Road. He discussed the proposed assessments for the projects as well as five Adopted Council Minutes Regular Meeting of June 14, 2005 Page 5 of 16 different payment options available to the property owners. He noted that the total project cost for the Carlson Parkway mill and overlay project is estimated at $92,823.57 and Carlson Companies has agreed to pay $78,073.57. The City would pay $14,750 for this project, which Carlson Companies paid for a seal coat on Carlson Parkway in 2000. Councilmember Slavik stated she has been contacted by several residents regarding the amount of the assessments, which could contribute to financial difficulties. She stated as it's proposed, assessments between $0 and $5,000 would be assessed at a five-year assessment term at an interest rate of 6% and between $5,001 and $10,000, there would be a 10 -year assessment term at a 6.5% interest rate. She asked if the City could lower the amount of $5,000 to $4,000 in order to assist more residents. Finance Director Hahn replied it would be more advantageous for a homeowner to secure a home equity loan as the interest would be tax deductible, and the interest on assessments aren't tax deductible. He stated the minimum of $5,000 assessment for this type of arrangement has been a City policy for a long time. He cautioned the Council in not lowering it too far so that the City can get the funds back into the street reconstruction fund for future projects. Mayor Johnson opened the public hearing for testimony. There being no one wishing to appear to give testimony, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to adopt a Resolution Adopting Assessments for 2005 Street Reconstruction, Assessments from $045,000, Carlson Parkway (5101— Res2005-227) and a Resolution Adopting Assessments for 2005 Street Reconstruction Assessments from $5,001410,000 (5101- Res2005-228), and the public agreement with Carlson Companies. Councilmember Willis moved and seconded by Councilmember Slavik to amend the main motion to amend the Resolutions for $044,000 and $4,001410,000 for this project only. With Stein and Willis voting yes, and Hewitt, Slavik, Black, Bildsoe, and Johnson voting no, the motion failed. The Council voted on the main motion and with all members voting in favor, the motion carried. 7.2.2) Award of Contract to Midwest Asphalt Corporation (5101) Motion made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt a Resolution Awarding Contract for 2005 Street Reconstruction Project for Ranchview East and West Areas, Gleanloch Area, and Carlson Parkway(5101— Res2005-229). With all members voting in favor, the motion carried. 7.3) Alcohol Compliance Check Violation for El Azteca, 3500 Vicksburg Lane Adopted Council Minutes Regular Meeting of June 14, 2005 Page 6 of 16 Police Chief Goldstein stated this is the date of hearing on the third alcohol compliance check violation of El Azteca, 3500 Vicksburg Lane. He noted that the licensee had previously been a member of the Best Practices Program, but because of the third violation, they have been removed from the program for one year. Councilmember Black asked when the license could be removed under the presumptive penalties. Police Chief Goldstein replied the license could be removed with a fourth violation. Mayor Johnson opened the public hearing for testimony. Police Chief Goldstein stated the violation occurred on February 26, 2005 when an underage patron was carded, but was still was served liquor. The server was fined $300. He noted that the last violation had occurred on September 23, 2004. At that time, a $1,000 fine and a five-day stayed suspension was imposed in accordance with the presumptive penalty. For this violation, the City would need to impose the stayed five-day suspension in addition to the 15 -day suspension for a third violation for a total of 20 days, as well as a $2,000 fine. He reiterated that the business would be removed from the City's Best Practices Program for one year. Marcos Gomez, licensee, stated all his employees have attended the City's server classes, and he would like to know if they passed the tests. He stressed that this is a family restaurant, and the business isn't based on the sale of liquor, but food. A 20 -day suspension would definitely be a hardship for them. Therefore, he requested the Council to reconsider the length of the suspension. Mayor Johnson asked Mr. Gomez if he offers daily or weekly training for reinforcement for his employees. Mr. Gomez stated that his employees are reminded on a daily basis. In response to this last violation, he purchased a new system to read drivers licenses to verify the age. He stated they are also starting to do their own in-house compliance checks. There being no one else wishing to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. Mayor Johnson asked if licensees are given the test results from the server training. Police Chief Goldstein replied he is unsure. He added that the licensee has been very attentive to the training despite their compliance check violations. Motion was made by Councilmember Willis, and seconded by Councilmember Stein, to adopt a Resolution Imposing a $2,000 fine with a 20 -da T pension. Councilmember Hewitt asked if the licensee is able to select their days for the suspension. Police Chief Goldstein replied yes, to a certain degree. The goal is that the 20 -day suspension is served in a 45 -day period of time. Staff would work with the licensee. There being no further discussion and with all members voting in favor, the motion carried. Adopted Council Minutes Regular Meeting of June 14, 2005 Page 7 of 16 General Business 8.1) Rezoning, Preliminary Plat, Site Plan, Conditional Use Permit, and Variance for Perl Development (3735 and 3855 County Road 101— 2005001) Community Development Director Hurlburt stated this item was continued from the April 12 and May 10 Council meetings. She stated the issues the Council raised at the previous meetings have been reviewed. She stated there are have been three changes to the preliminary plat. The first change is that the pond from this development wouldn't drain directly into the pond at the Orchards of Plymouth, but rather it would by ass this with a storm outlet pipe directly to the wetland. The second change involves the 39t Avenue cul-de-sac within the Walnut Grove neighborhood to the west. The revised preliminary plat indicates that the new street within this development would no longer be connected to the 39th Avenue cul-de-sac. The new street within the proposed development would end in approximately 1,100 foot long cul-de-sac with its turn- around located 40 feet south of the exiting 39th Avenue cul-de-sac turn -around in the Walnut Grove Pond neighborhood. A 40 -foot long emergency access road would connect the two adjacent cul-de-sac turn-arounds. The emergency access would be 20 -feet wide and would be constructed for fire lane standards. It would include bollards at each end to discourage through traffic. The bollards would be designed as breakaway bollards, allowing access by emergency vehicles. The last concern was the access to Medina Road. The revised plan now shows the required right turn lane along Medina Road onto the proposed street (Queensland Lane) within the development. Medina Road would be the only access to the site, as the site would no longer be connected to 39th Avenue to west. She also noted that there were questions regarding private drives and parking, and there are no changes as they meet the City's requirements. Councilmember Stein stated he is concerned about the entrance into this development off. Medina Road. He asked if there have been any traffic studies on County Road 101 to the east. Community Development Director Hurlburt replied that there was no specific traffic study for this project. However, Medina Road is the only access to the property since the County won't allow access off County Road 101. She added this segment of Medina Road has less traffic than to the east as the scale of this project to the development on the east side of County Road 101 is a lot smaller. Councilmember Stein stated that logically, he feels this development should be connected to 39th Avenue in order to keep the traffic off the Medina Road/County Road 101 intersection. Community Development Director Hurlburt stated the Council's previous direction was to disconnect the connection to 39th Avenue. Councilmember Black agreed that the entrance to this development is very close to County Road 101. She stated that traffic in this area is going to gradually increase due to future developments to the west. Community Development Director Hurlburt stated if the Council adopts the revised plan this evening, there wouldn't be a connection to 39th Avenue. Motion was made by Councilmember Willis, and seconded by Councilmember Black, to adopt Adopted Council Minutes Regular Meeting of June 14, 2005 Page 8 of 16 an Ordinance Amending Chapter 21 of the City Code to Classify Certain Land located North of Medina Road and West of County Road 101 (2005001— Ord2005-12), Resolution Approving Findings of Fact for the Rezoningoff Property located North of Medina Road and West of County Road 101 (2005001— Res2005-231), Resolution Approving a Preliminary Plat for Sherwood Perl for Property located North of Medina Road and West of County Road 101 with a l — Res2005-232), and Conditional Use Permit, and Variance for Sherwood Perl for Property located North of Medina Road and West of County Road 101 (2005001 — Res2005-233) which would reflect the street extension to Queensland). Councilmember Hewitt stated that she doesn't support connecting this development to the 39th Avenue cul-de-sac. She stated she is concerned on the number of units as she feels there are more than what the property can handle. She stated that she appreciates the revision made for the drainage of the pond. She indicated that she is opposed to private drives, as resident/homeowners associations can't always afford to maintain them. She stated that sometimes homeowners associations disappear which contributes to the problem. She noted that this could also be a problem for the maintenance of the sidewalk that is still being proposed on the east side of Queensland Lane. Community Development Director Hurlburt stated with this particular development, the homeowners association wouldn't disappear, as there is a need for it. The area along Queensland Lane is common space, so the homeowners association would be the owner of the adjacent property to the sidewalk. Therefore, they would need to maintain the sidewalk. Councilmember Bildsoe asked with the revision made to the drainage of the pond, would the problem just be moving downstream. Community Development Director Hurlburt replied that with bypassing the Orchards of Plymouth's pond, it would empty into a much larger area. Public Works Director Cote added that the runoff from the property needs to be the same for pre and post development. Councilmember Slavik stated that she wouldn't support the extension to the 39th Avenue cul-de- sac. She also doesn't support private drives within development due to future maintenance issues. She stated there would be a concentration of townhomes in this area within the next 15- 20 years, and one access to this development might not be sufficient for 43 units. Councilmember Bildsoe stated that the City has allowed private drives within developments in the past, and there would be more in the future. Therefore, he asked Councilmember Slavik if the City should change the policy on homeowners associations maintaining private drives and sidewalks or are these issues specific to this development. Councilmember Slavik stated that she isn't looking to change the policy. Private drives within developments have always concerned her as well as homeowners associations maintaining their properties. Mayor Johnson asked if the City could control how much homeowners associations collect for maintenance items. City Attorney Knutson replied the City doesn't control homeowners Adopted Council Minutes Regular Meeting of June 14, 2005 Page 9 of 16 associations as they are privately funded through their memberships. Councilmember Slavik stated that she doesn't desire to control homeowners associations, but she gets concerned when they approach the City requesting the City to maintain their private drive. Community Development Director Hurlburt stated that there is only one homeowners association that has requested that, and that particular development is an older development. She has recently spoken with them, and they have identified other financing options. Elaine Johnson, 17930 39th Place North, thanked the developer and the City for the modifications to the plans. She commented that their homeowners association is currently facing a substantial bill for maintenance of their private drives and sidewalks. Barry Altman, 18120 39th Avenue North, stated at the previous meeting, he asked about reducing the units on the east side of Queensland Lane, which would also eliminate some of the private drives. He cautioned in working with sprinklers and drains in the area of the drainage pond and restoring that area after the construction. He asked if the existing 12" sewer line is adequate for this size of development. He stated he's opposed to connecting this development to 39t Avenue cul-de-sac. Their neighborhood desires to maintain that cul-de-sac as it adds aesthetic and value to the area. In addition, they don't want cut through traffic. Ken Edstrom, 18005 39th Place North, stated he is concerned about the construction debris with this development. Mayor Johnson stated that the City requires the placement of silt fences so that the debris doesn't flow into the ponds or wetlands. Jerry Altman, 18100 39th Avenue North, stated regarding connecting this development to the 39th Avenue cul-de-sac, it would be a 135 degrees turn out of this development. He stated currently, this whole area is sloped to the north; therefore, when it rains, water continually flows to the north towards the end of the cul-de-sac. Mayor Johnson explained water runoff from this development would empty into the pond on site. Mayor Johnson requested staff to address the concerns that were expressed by residents. Public Works Director Cote Doran stated that the Council could include a condition in the resolution that the developer would locate existing sprinkler systems. He stated this development wouldn't negatively impact the existing sewer system. He stated regarding the 135 degrees turn out at the 39th Avenue cul-de-sac, that isn't that big of a concern. Mayor Johnson asked if the townhome layout could be redesigned in order to eliminate private drives. Community Development Director Hurlburt replied this property is guided LA -2 which allows three to six units per acre. Therefore, there could be 34-67 units on this property, and the developer is proposing 43 units. The City would need a reason other than density to require a change. Councilmember Bildsoe stated that if only the parcel to the west would redevelop, which could provide a better access to the property, many of the issues addressed this evening would be resolved. He reiterated that the entrance to this development off Medina Road concerns him. If Adopted Council Minutes Regular Meeting of June 14, 2005 Page 10 of 16 this development would completely connect to the 39th Avenue, then there would be residents from 39th Avenue driving through this development to Medina Road which would create more traffic at the entrance. He noted that it's also difficult with traffic from the church and school being in such close proximity to this intersection. Motion was made by Mgyor Johnson and seconded by Councilmember Black, to add a condition to the Preliminary Plat Resolution that the developer contact adjacent property owners when connecting the pipe from the pond to the wetland. With all members voting in favor, the motion carried. Councilmembers Hewitt, Slavik, and Bildsoe stated that they wouldn't support the amended motion as they don't support the connection to 39th Avenue. Motion was made by Mayor Johnson and seconded by Councilmember Hewitt, to amend the main motion to adopt the Preliminary Plan as originally proposed this evening, whereby there would be a cul-de-sac at the end of Queensland Lane. With Hewitt, Slavik, and Johnson voting yes, and Stein, Black, Willis, and Bildsoe voting no, the motion failed. Councilmember Bildsoe stated that he is concerned with the school's traffic in this area when they're in session. Councilmember Stein stated that is why it makes sense to have a connection to 39th Avenue from this development for those peak times. Mayor Johnson stated the City has stated that LA -2 works on this property, and. if the Council doesn't think it works, it should be reguided to LA -1. However, there could still be 34 units, which may or may not work here. She stated the Council should inform the surrounding property owners if there are problems with density and traffic, as it costs developers to keep resubmitting plans. She stated she supports the motion, but she desires to- cul-de-sac Queensland Lane as originally proposed this evening. Councilmember Bildsoe stated no one is considering changing the guiding of this property, but people are concerned about the safety issues on Medina Road, which will always be there no matter what the guiding is. Mayor Johnson asked if the City has an obligation to provide reasonable access to peoples' properties. Community Development Director Hurlburt replied yes.. Councilmember Bildsoe stated that he could support this project if there would be a cul-de-sac at the end of Queensland Lane. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Hewitt, to reconsider the motion to cul-de-sac Queensland Lane. With Hewitt, Slavik, Bildsoe, and Johnson voting yes, and Stein, Black, and Willis voting no, the motion carried. Councilmember Black asked if there is the option of having right-of-way available for in the Adopted Council Minutes Regular Meeting of June 14, 2005 Page 11 of 16 future to connect the two cul-de-sacs. Community Development Director Hurlburt replied the developer could dedicate the right-of-way for a future connection; however, that could be problematic. Motion was made by Councilmember Stein and seconded by Councilmember Bildsoe, to amend the main motion to cul-de-sac Queensland Land require the developer to plat right-of-way for future connection to 39th Avenue if necessary for traffic and safety concerns and currently, a trail would be constructed for emergency access. With all members voting in favor, the motion carried. The Council then voted on the amended main motion, and with Stein, Black, Willis, Bildsoe, and Johnson voting yes, and Hewitt and Slavik voting no, the motion carried. The Council took a 10 -minute break. Mayor Johnson requested to move item No. 8.4 up on the agenda as the next item, as this item had been resolved during the break. 8.4) Site Plan Amendment to Install a Generator for the Supertarget Store located at 4175 Vinewood Lane North (2005053) Motion was made by Councilmember Black and seconded by Councilmember Hewitt, to adopt a Resolution A provin a Site Plan Amendment to install a Generator for the Soertarget Store located at 4175 Vinewood Lane North (2005053 — Res2005-236). With all members voting in favor, the motion carried. 8.2) Rezoning and Preliminary Plat Approval for "Hadley, Hills 2nd Addition" (18555 13th Avenue North — 2005024) Community Development Director Hurlburt reported on the request of Quality Site Design for rezoning and preliminary plat approval of Hadley Hills 2nd Addition. She stated this is a five - acre parcel located at 18555 13t Avenue North that would be subdivided into six lots. There is currently an existing home on the property that would be removed and six new homes would be constructed. The proposal would be to extend 13th Avenue across the north end of the property, and Vagabond Court would be constructed off of 13th Avenue to access the six lots. She stated at the Planning Commission hearing, there was a concern expressed on the proposed retaining walls on the east side of the property. There is a grade change that is taken up with some grading for the walls (11 feet). Since the Planning Commission meeting, there has been more discussion on the walls. Staff is recommending that the walls be tiered so that there aren't 11 -foot walls, but tiering them so each wall would be half that size. This would allow them to encroach with a little greater slope to the cul-de-sac. She stated the second issue addressed at the Planning Commission hearing involved the tree preservation plan, as there are a lot of existing trees on the property. It was brought to staff's attention that there was a discrepancy in the tree inventory. Therefore, a condition has been added to the preliminary plat resolution that there be verification of the tree preservation Adopted Council Minutes Regular Meeting of June 14, 2005 Page 12 of 16 inventory before grading and final plat approval. She stated that staff has provided an amended Resolution containing that condition for this evening's meeting. She also commented that the developer could replace some of the trees near adjacent neighbors if they would agree. She stated the last concern involved the extension of 13th Avenue through this project. Residents are concerned on changing the traffic patterns in this area. She stated staff has prepared alternative Resolutions for this evening's meeting. "Option A" Resolution would allow the construction of 13th Avenue to the edge of the plat, while "Option B" Resolution wouldn't allow the construction of 13th Avenue to the edge of the plat, but rather it would require the applicant to dedicate the future street right-of-way and construct a 20 -foot wide emergency access route from Vagabond Court to the west property boundary within the street right-of-way. Councilmember Black stated if 13th Avenue wouldn't be extended at this time, who would pay for that in the future. Community Development Director Hurlburt replied the City would pay that cost. Councilmember Stein asked why would an emergency access be constructed if the road weren't necessary: Community Development Director Hurlburt replied that portion would at least be there, and it would basically be paved a trail. Councilmember Stein asked if 13th Avenue isn't constructed, but the right-of-way is dedicated, could the City require funds from the developer that would be escrowed until such time that 13th Avenue would be extended. Community Development Director Hurlburt replied that could be considered as part of the development contract. City Attorney Knutson added. that the Council should establish a time limit on retaining those funds. Councilmember Willis agreed that it doesn't make sense to obtain right-of-way for essentially a dead end. He questioned why the City would pave a private piece of property when it's not a public road. He stated he would support obtaining the right-of-way for future access to 13th Avenue, and eventually, to connect to Walnut Grove Lane. Councilmember Stein stated that if the right-of-way would be dedicated, it would make sense to construct the emergency access. Motion was made by Councilmember Willis and seconded by Councilmember Stein, to adopt an Ordinance Amending Chgpter 21 of the City Code to Classify Certain Land located at 18555 13th Avenue North (2004078 — Ord2005-13) Resolution ApprovingFindingsindings of Fact for the Rezoningoff Property located at 18555 13th Avenue North (2005024 — Res2005-234), and Option B" Resolution Approving a Preliminary Plat for Quality Site Design for "Hadley Hills 2'd Addition," a Subdivision of Six Lots for Single -Family Dwellings located at 18555 13th Avenue North (2005024 — Res2005-235) with the addition of a condition that the developer escrow sufficient funds as determined by the Public Works Director, for future construction of 13th Avenue — not to exceed 10 years from the date of the approval of the Final Plat, and to not construct the trail/emergency access. Mike Leuer, applicant, stated he could dedicate property for the future right-of-way; however, -,he Adopted Council Minutes Regular Meeting of June 14, 2005 Page 13 of 16 believes that the property owner to the west should pay for the assessment of extending the road in the future rather than requiring him to escrow funds. City Attorney Knutson replied that the City couldn't assess an abutting property for a local street. Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to amend the main motion that interest that is accrued on the escrow account would be returned to the developer if the funds wouldn't be used. With all members voting in favor but Johnson and Hewitt, the motion carried. Mr. Leurer stated they would be working on the tree inventory and would verify it with staff. Charlie Melcher, Quality Site Design, stated they have held one informal meeting with the neighbors as well as discussions with neighbors this evening. He stated regarding the issue of tree reforestation, there wouldn't be any greater loss of trees, but there could be savings of trees when they do the final grading plan and the retaining walls. William Rosengren, 18530 11th Avenue North, stated they live to the south of this development. He stated they would lose a lot of their view with this development; therefore, tree reforestation is very important to them. He illustrated where there should be a strong buffer of trees. He requested that the developer work with them on the size, location, and type of trees. Nancy Holmes, 1295 Walnut Grove Lane, stated she is the property owner to the west of site, and when they reconfigured their driveway off Walnut Grove Lane, they had to construct a fence so that there would be the separation from 13th Avenue. If the City would "dead end" 13th Avenue, there would need to be a barrier. Public Works Director Cote stated that the City would put up a barricade. Roger Cruzen, 18425 14th Avenue North, stated he doesn't support constructing a road that goes nowhere. He stated neighbors are concerned, as there isn't a lot of certainty that there isn't going to be a lot of satisfaction. Mayor Johnson assured Mr. Cruzen that there are conditions in the approving Resolutions that the applicant needs to follow. Mr. Cruzen suggested the City design a brochure/materials for residents on the development application process, as many residents are _ unsure of the process and development terms. Jane Ford, 1115 Vagabond Lane, stated. that she would accept one 11 -foot retaining wall on her property rather than a tiered wall system, so that the wall could be moved six feet further away from her property in order to spare some of the trees. She questioned the need for the proposed sidewalk in this development, as it wouldn't go anywhere. Perhaps if the sidewalk would be deleted, they could retain another four feet of their property. Kristen Taraszewsia, 1125 Vagabond Lane, stated regarding the retaining wall, homeowners associations, over time, have a tendency to not address maintenance issues. Therefore, she is concerned about maintaining that wall as well as drainage characteristics in the future. She asked if the City could mandate an inspection of the wall every five to 10 years. Lastly, she stated that they would work with the applicant on the tree reforestation on their rear property line. Adopted Council Minutes Regular Meeting of June 14, 2005 Page 14 of 16 Gregg Leininger, 1225 Vagabond Lane, stated if this development were approved, his property would be sided by three access roads (Vagabond Lane, Vagabond Court, and 13th Avenue). He stated he brought it to staff s attention regarding the tree inventory, and he thanked the Council for addressing this. Like Ms. Ford, he stated he is concerned about including the sidewalk. He questioned the need for street lighting at Vagabond Court/13th Avenue, as there wouldn't be an intersection there. He stated he would have to look out the south window of his home in order not to see any streetlight, retaining wall, or sidewalks. He stated he is also concerned about the pond in the development, and it should be addressed whether there is going to be a retaining wall around the pond, and if so, what the height would be. Mayor Johnson stated at this time, staff would address the concerns that were raised. She asked about the maintenance of retaining wall. Community Development Director Hurlburt stated that staff is recommending the wall be maintained by the homeowners association. The wall would be on private property. Regarding the tree inventory, Community Development Director Hurlburt stated the applicant would work with the neighborhood. Wherever possible, areas would be left in the natural state and incorporating existing shrubs into the landscaping plan. Community Development Director Hurlburt stated regarding the issue of the sidewalk, subdivision requirements require that there has to be a sidewalk on one side of the development. However, the Council could certainly waive that requirement if it doesn't fit with the character of the neighborhood, as well as Mr. Leininger's concern regarding the streetlight. She noted that if the sidewalk were eliminated, it wouldn't shift the road. Mayor Johnson asked how residents could be sure that what the Council discussed this evening is going to occur with this development. Community Development Director Hurlburt stated the City records the approved resolutions and contracts, and the applicant provides the financial guarantees. Before any financial guarantees are released, the project has to be constructed according to the plan. Community Development Director Hurlburt stated regarding the suggestion that City assemble a brochure/materials on the development process for residents, staff could certainly put that together. This information would be available at the service counters at City Hall and on the City's website. Regarding the retaining wall, Public Works Director Cote stressed that staff has recommended to remove the retaining wall from the drainage and utility easement. Motion was made by Councilmember Willis, and seconded by Councilmember Black, to amend the main motion to delete the requirement of the sidewalk and streetlight at Vagabond Court. With all members voting in favor, the motion carried. Motion was made by Mayor Johnson, and seconded by Councilmember Bildsoe, to amend the mairrmotion to remove the escrowing of funds for future construction of 13th Avenue, but still Adopted Council Minutes Regular Meeting of June 14, 2005 Page 15 of 16 require the applicant to dedicate the rit-of-way. Councilmember Willis reminded the Council if that if 13th Avenue were constructed in the future, the City would be responsible for paying those costs. Mayor Johnson stated that she doesn't want to "tie the hands" of future City Councils in securing right-of-way if 13th Avenue were to be constructed. There being no further discussion and with all members voting in favor but Stein and Willis, the motion carried. Mr. Melcher noted that the retaining wall for the pond is critical as it relates to the saving of trees. Public Works Director Cote reiterated staff's recommendation to remove the proposed retaining wall from the drainage and utility easement, as there are access and maintenance issues. The City wouldn't want to be responsible for damaging the wall if it needs to maintain the pond in the future. Mr. Melcher disagreed with staff's recommendation as he feels there is ample room for the maintenance equipment to access the pond. Mayor Johnson requested that the applicant and staff address the retaining wall with the Final Plat. There being no further discussion on the amended motion, and with all members voting in favor but Hewitt and Slavik, the motion carried. 8.3) Comments on the Bassett Creek Watershed Management Commissions Budget Councilmember Willis noted that in the Bassett Creek Watershed Management Commission's proposed budget, the hiring of an executive director is proposed. He questioned the need for this position, as he is concerned about new staff structure as those costs would increase in the future. He stated he would prefer that the Council supports a budget that continues the status quo. Motion was made by Councilmember Willis, and seconded by Councilmember Slavik, to support a 2006 budget that keeps the staffing level as it current exists. Councilmember Black stated there is a need to hire an executive director. She stated the role of the Commission would be changing as more water quality issues arise. She stressed that the Commission is a voluntary board,. and many of the people who .serve on the Commission are retired. There are also a number of people who have full-time jobs and families, and they are unable to monitor the budget on an ongoing basis. She stated she would feel more comfortable having the executive director position perform these tasks rather than hiring a private company that essentially oversees a public operation. Councilmember Bildsoe agreed with Councilmember Black. Adopted Council Minutes Regular Meeting of June 14, 2005 Page 16 of 16 Mayor Johnson suggested that the executive director be a half time position, and then after a year, it be evaluated to determine the cost savings. There being no further discussion and with all members voting against the motion but Willis, the motion failed. Motion was made by Councilmember Black, and seconded by Councilmember Hewitt to approve the proposed comments as contained in the staff report. With all members voting in favor but Willis, the motion carried. Reports and Staff Recommendations 9.1) Legislative Update There was no update). 9.2) Council Study Session Mayor Johnson and Councilmembers Black and Bildsoe requested that the Council meet with the Christgau's and Powers regarding their liability claims that they had filed with the City. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to schedule a Special Meeting on June 28 at 6:00 p.m. for the purpose of meeting with the Christgau's and Powers. With Willis, Bildsoe, Black, and Johnson voting yes, and Hewitt, Slavik, and Stein voting no, the motion carried. Councilmember Willis requested staff to provide for that meeting, materials indicating where the City's flood easements are located in relation to those properties, the wetland delineation boundaries and if they are different, the elevations of the easements/wetlands/high water, and the floor elevations on their homes. Adiournment Mayor Johnson declared the meeting adjourned at approximately 11:25 p.m. L4h - andra R. Paulson, City Clerk