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HomeMy WebLinkAboutCity Council Minutes 09-13-2004Adopted Minutes Regular Council Meeting September 13, 2004 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 September 13, 2004. COUNCIL PRESENT: Mayor Johnson, Councilmembers Bildsoe, Hewitt, Slavik, Stein, and Neset. ABSENT: Councihnember Black. STAFF PRESENT: City Manager Ahrens, Fire Chief Kline, Community Development Director Hurlburt, City Engineer Quanbeck, Finance Director Hahn, Park and Recreation Director Blank, Police Chief Goldstein, Recreation Supervisor Greupner, Public Services Manager Qvale, City Forester Buck, City Attorney Scott, and City Clerk Paulson. Plymouth Forum There was no one present to address the Council). Presentations and Public Information Announcements 4.01) Recognition to retiring Police K-9 Dallas Police Chief Goldstein announced that Police K-9 Dallas would be retiring, and his handler, Officer Pregler, would be reassigned to the investigation unit. The Council thanked Officer Pregler and Dallas for their service to the City. 4.02) Presentation on Plymouth Business Safety Academy Police Chief Goldstein invited businesses to enroll in the Plymouth Business Safety Academy that would be held on October 5, 12, and 19 at the Plymouth Creek Center. 4.03) Presentation of "Planting Plymouth Proud Award" City Forester Buck presented this year's "Planting Plymouth Proud Award" to Girl Scout Troop 728. 4.04) Announcement of Plymouth on Parade on October 2 and Autumn Arts on September 18 Adopted Council Minutes Regular Meeting of September 13, 2004 Page 2 of 8 Recreation Supervisor Greupner announced the Plymouth on Parade on October 2 and the Autumn Arts on September 18. 4.05) Approve Co -Sponsoring of "Housing Week" Activities Elizabeth Johnson, Prism's Executive Director, gave a presentation on this year's "Housing Week" activities to be held November 13-20. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Hewitt, to adopt a Resolution Supporting Prism's Second Annual Sleep Out for National Hunger and Homelessness Awareness Week, November 13-20,2004 (Res2004-358). With all members voting in favor, the motion carried. 4.06) Announcement of Primary Election on September 14 Mayor Johnson announced the Primary Election on September 14 from 7:00 a.m.-8:00 p.m. Approval of Agenda Mayor Johnson noted that item No. 7.2 would be removed from the Consent Agenda as per request of the applicant. Therefore, item No. 7.3 would be renumbered to 7.2. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Hewitt, to approve the amended agenda. With all members voting in favor, the motion carried. Consent Agenda Motion was made by Councilmember Hewitt, and seconded by Councilmember Stein, to approve the Consent Agenda, which included the followingitems: ems: 6.01) Resolution Endorsing Plymouth Mayor Judy Johnson for the Presidency of the League of Minnesota Cities (Res2004-359). 6.02) Resolution Authorizing Payment of Dues to the TwinWest Chamber of Commerce Res2004-360). 6.03) Resolution Approving Encroachment Agreement for Existing Concrete Pool Deck and Shed constructed on Lot 7, Block 2, Ridgecrest P Addition, 2920 Pilgrim Lane (Res2004-361). Adopted Council Minutes Regular Meeting of September 13, 2004 Page 3 of 8 6.04) Resolution Approving Encroachment Agreement for Existing Boulder Retaining Wall constructed on Lot 4, Block 2, Seven Greens, 15810 51" Avenue (Res2004-362). 6.05) Resolution Approving an Interim Use Permit for Untiedt's Garden Market to operate a Seasonal Market located at 1605 County Road 101 (2004100-Res2004-363). 6.06) Resolution Approving 2004-2005 Membership Dues with the League of Minnesota Cities Res2004-364). 6.07) Resolution Approving Variance for Side Yard Setback to allow Construction of a Garage Addition at 1315 Shadyview Lane North (2004071— Res2004-365). 6.08) Resolution Approving a Variance to allow an Existing 9 -foot by 10 -foot Shed at 2920 Pilgrim Lane North (2004096 — Res2004-366). 6.09) Resolution Authorizing the Police Department to purchase a Malinois Breed Police Canine and Authorize the Mayor and City Manager to enter into a Contract with Performance Kennels, Inc. for the Purchase and Training (Res2004-367). 6.10) Resolution Designating Funding for Park Improvement Projects (Res2004-368). 6.11) Resolution Approving Tobacco License for MN CVS, LLC d/b/a CVS Pharmacy No. 6811, 4140 Highway 101 (Res2004-369). 6.12) Resolution Approving an "All -Way" Stop at the Intersection of Cheshire Lane and Schmidt Lake Road (Res2004-370). 6.13) Resolution Awarding Bid for Bass Lake Playfield Drainage Way Project (3131 — Res2004-371). 6.14) Resolution Awarding Bid for Schmidt Lake BMP Implementation (Res2004-372). 6.15.1) Resolution Approving Final Release of Financial Guarantee for Forester Preserve 92090 — Res2004-373). 6.15.2) Resolution Approving Release of Financial Guarantee for Forster Preserve Plat 2 94057 — Res2004-374). 6.15.3) Resolution Approving Release of Financial Guarantee for Forster Preserve Plat 4 99093 — Res2004-375). 6.15.4) Resolution Approving Release of Financial Guarantee for Forester Preserve Plat 5 2001111 — Res2004-376). Adopted Council Minutes Regular Meeting of September 13, 2004 Page 4 of 8 6.15.5) Resolution Approving Release of Financial Guarantee for the Village at Bassett Creek 97080 — Res2004-377). 6.15.6) Resolution Approving Release of Financial Guarantee for Westbranch Addition FKA Plymouth Creek Heights Addition (92115 — Res2004-378). 6.15.7) Resolution Approving Release of Financial Guarantee for Westbranch 2°d Addition 94045 — Res2004-379). 6.15.8) Resolution Approving Release of Financial Guarantee for Westbranch 3rd Addition 94046 — Res2004-380). 6.16) Resolution Approving Cost Sharing Agreement for the Construction of a Private Retaining Wall at 5115 and 5125 Ives Lane (1044—Res2004-381). The motion carried to approve the amended Consent Agenda. Public Hearings 7.1) Delinquent 2004 Water, Sewer, Recycling, Surface Water Fee, and Street Lighting Service Charges Finance Director Hahn reported on the proposed assessments for delinquent 2004 water, sewer, recycling, surface water fee, and street lighting service charges. Mayor Johnson opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. Motion was made by Councihnember Slavik, and seconded by Councilmember Bildsoe, to adopt a Resolution Adopting Assessments for 2004 Delinquent Water, Sewer, Recycling Surface Water Fee and Street Lighting Service Charges (Res2004-382). With all members voting in favor, the motion carried. 7.2) Vacation of Weston Lane at Medina Road within Maple Creek 2nd Addition City Engineer Quanbeck reported on staff's request to vacate part of Weston Lane adjacent to Lot 1, Block 3, of Maple Creek Second Addition. He explained this right-of-way was dedicated for the future connection to Medina Road. To ensure that Weston Lane wouldn't connect to the north, the City would be vacating the northern part of Weston Lane. Adopted Council Minutes Regular Meeting of September 13, 2004 Page 5 of 8 Mayor Johnson opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. Motion was made by Councihnember Hewitt, and seconded by Councilmember Slavik, to adopt With all members voting in favor, the motion carried. General Business 8.1) Preliminary 2005 Budgets, Tax Levies, and Truth in Taxation Dates Finance Director Hahn reported on the proposed 2005 budgets, tax levies, and setting the Truth in Taxation Hearing dates (December 6 at 7:00 p.m. and December 13 at 7:00 p.m., if necessary). Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to adopt a Resolution Adopting Proposed 2005 Budgets (Res2004-384), Resolution Adopting Proposed Property Tax Levies for Taxes Payable in 2005 (Res2004-385), and a Resolution Setting Truth in Taxation Public Hearing Dates for 2005 Tax Levy (Res2004-386). With all members voting in favor, the motion carried. 8.2) Variances for Redevelopment of an Undersized Lot to allow Construction of a New Single -Family Home at 2725 Kirkwood Lane (Sherry Warner, RE/Max Results — 2004083) Community Development Director Hurlburt reported on the request of Sherry Warner for Variances for redevelopment of an undersized lot to allow construction of a new single-family home at 2725 Kirkwood Lane North. She stated the property has been vacant since the removal of a condemned home in 1991. She explained the Zoning Ordinance allows non -conforming lots to be developed or redeveloped upon approval of an administrative permit, provided the lot contains 70% or more of the minimum lot area and lot width. In this case, although the lot is a legal lot of record, it does not meet the 70% standard, and Variances are required for the redevelopment of the lot. She stated the proposal would meet the requirements for setbacks and impervious surface coverage. Sherry Warner, 3145 Olive Lane North, stated she is representing her sister who purchased this lot as an investment. She explained due to personal matters, her sister needs to sell this property in order to satisfy a lien, and if she would be unable to do that, she would need to sell her family home. She noted that her sister has no intention to move out of the neighborhood. She explained that dividing the lot and selling it wouldn't satisfy the lien. She noted that this lot conforms to Adopted Council Minutes Regular Meeting of September 13, 2004 Page 6 of 8 the same size and shape of other lots in the neighborhood. They believe that this would be the best and highest use of this property. Philip Schaeffer, 2715 Kirkwood Lane, asked if there would be any type of requirements to prevent water flow from this property as well making sure there is proper drainage. Community Development Director Hurlburt replied there are conditions contained in the resolution regarding the drainage, and that would be reviewed as part of the building permit process. Mr. Schaeffer indicated that there have been drainage problems previously, and it would be necessary to build the grade to prevent pooling of water. Motion was made by Councilmember Hewitt, and seconded by Mayor Johnson, to adopt a Resolution Approving Variances for Redevelopment of an Undersized Lot to allow Construction of a New Single -Family Home at 2725 Kirkwood Lane North (2004083 - Res2004-387). Mayor Johnson requested that the typographical error on the applicant's name be made on the resolution. Councilmember Stein asked if the City could do anything with the design of the proposed home to make sure that any impact to the Schaeffer property is minimized. Community Development Director Hurlburt replied all of the normal standards from the Zoning Ordinance and Building Code would apply. The preliminary plans for the home indicate that it would meet all the setback requirements. Councilmember Bildsoe stated he wouldn't be voting on this item due to a conflict of interest. The Council voted on the motion and with all eligible members voting in favor, the motion carried. 8.3) Right -of -Way Management Ordinance Public Services Manager Qvale presented the proposed Right -of -Way Management Ordinance. She stated the utility companies, staff, and the City Attorney extensively reviewed the proposed ordinance. She explained this ordinance would be implemented January 1, 2005 if approved by the Council. She noted that the revenue generated would be used to cover the cost in maintaining the right-of-way. The fees would be reviewed on an annual basis. Motion was made by Councilmember Slavik, and seconded by Councilmember Black, to adopt an Ordinance Repealing Section 800 of the City Code and Enacting a New Section 800 of the City Code to Administer and Regulate the Public Rights -of -Way in the Public Interest, and to provide for the Issuance and Regulation of Right -of -Way Permits, and Amending Section 1015 of the City Code for Right -of -Way Permit Procedures and Fees (Ord2004-20), and a Resolution Adopted Council Minutes Regular Meeting of September 13, 2004 Page 7 of 8 Approving Summary Publication of Ordinance No. (Res2004-388). With all members voting in favor, the motion carried. 8.4) Daytime Sprinkling Ban to be Effective in 2005 City Engineer Quanbeck reported on the proposed daytime sprinkling ban between the hours of 12:00 p.m. and 5:00 p.m. during all days of the week from May 1 through September 30 (with the exception of handheld watering or using a different water supply, and the City's playfields and children's recreational users). He noted that the City would continue to use the existing odd/even water restriction. He stated with the City's growth and subsequent growth in the future for water demand, the area's water supply, particularly from underground aquifers, is a growing concern and one that the Department of Natural Resources (DNR) is requiring cities to more proactively address. The DNR suggested that the City use the midday sprinkling ban as a technique to address water conservation measures required whenever a Water Appropriations Permit is requested from the DNR. Councilmember Bildsoe voiced his support for the other exemption, that upon written request and approval by the Director of Public Works, any person who owns or operates a commercial or business enterprise whose economic well-being is dependent upon sprinkling, irrigating or watering of a lawn, grass, or turf owned, leased or operated by it, could be exempt. He noted that the provision for exempting the watering of new sod was removed, and he would like that added. City Engineer Quanbeck stated that the term "new sod" would need to be defined. Motion was made by Councilmember Stein, and seconded by Councilmember Hewitt, to adop an Ordinance Amending Chapter VII of the Plymouth City Code Concerning Restricted Hours for Sprinkling. Councilmember Stein asked if staff considered whether there should be an exemption for those residents who have work schedules where they would be unable to water due to the midday restriction. City Engineer Quanbeck replied staff didn't review that but believes there would still be watering options for those residents. Mayor Johnson suggested that this item be tabled to the next meeting in order that the above suggestions could be reviewed. Motion was made by Mayor Johnson, and seconded by Councilmember Bildsoe, to table this item to the September 28 Council Meeting. With all members voting in favor the motion carried. Reports and Staff Recommendations There were no Reports and Staff Recommendations). Adopted Council Minutes Regular Meeting of September 13, 2004 Page 8 of 8 Adiournment Mayor Johnson adjourned the meeting at 8:25 p.m. 41 Sandra R. Paulson, City Clerk