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