HomeMy WebLinkAboutCity Council Minutes 10-26-2004Adopted Minutes
Regular Council Meeting
October 26, 2004
Deputy Mayor Stein 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 28, 2004.
COUNCIL PRESENT: Deputy Mayer Stein, Councilmembers Bildsoe, Black, Hewitt, Slavik,
and Neset.
ABSENT: Mayor Johnson.
STAFF PRESENT: City Manager Ahrens, Fire Chief Kline, Community Development Director
Hurlburt, City Engineer Faulkner, Finance Director Hahn, Park and Recreation Director Blank,
Building Official Ryan, Design Engineer Renneberg, Park Superintendent Peterson, Financial
Analyst Kohn, City Forester Buck, Police Chief Goldstein, City Attorney Knutson, and City
Clerk Paulson.
Plymouth Forum
There was no one present to address the Council).
Presentations and Public Information Announcements
4.01) Presentation of Donation from Providence Academy
Representatives from Providence Academy presented a donation to the City in the amount of
500,000 for the third sheet of ice.
4.02) Presentation of Awards from Minnesota Park and Recreation Association
Sandy Wertz, from the Minnesota Park and Recreation Association, presented awards to the
City's Park and Recreation Department for the Millennium Garden and the Learn Russian
Program.
Approval of Agenda
Motion was made by Councilmember Slavik, and seconded by Cormcilmember Bildsoe, to
approve theagenda. With all members voting in favor, the motion carried.
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Regular Meeting of October 26, 2004
Page 2 of 8
Consent Agenda
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe to
approve the Consent Agenda, which included the followingitems: ems:
6.01) Resolution Approving Disbursements for the Period Ending October 15, 2004 (Res2004-
430).
6.02) Ordinance Amending Chapter IV of the City Code Concerning Property Maintenance and
Rental Licensing (Ord2004-24).
6.03) Resolution Awarding the Contract for the Police Ordered Towing and Impoundment of
Vehicles (Res2004-431).
6.04) Resolution Approving Variances to the Bluff Setback and a Stairway in Addition to a
Major Alteration of the Bluff and Bluff Impact Zone for a New Home for Property located at
12120 29`h Avenue North (2004105 — Res2004-432).
6.05) Resolution Approving Agreement with Midwest Coca-Cola Bottling Company (Res2004-
433).
6.06) Resolution Approving a Site Plan Amendment and Variance for the Construction of
Architectural Screen Wall and Site Improvements at 2735 Cheshire Lane North (2004115 —
Res2004-434).
6.07) Resolution Accepting Donation for the Plymouth Creek Center (Res2004-435).
6.08) Resolution Approving PUD Amendment for an Occasional Retail Sales at 2800 Campus
Drive in the Northwest Business Campus PUD (2004126 — Res2004-436), Ordinance Amending
Chapter 21 of the City Code to Add Section 21655.35 for the Northwest Business Campus PUD
2004126 — Ord2004-25), and a Resolution Approving Findings of Fact for Amending the
Zoning Ordinance Text for the Northwest6 Business Campus PUD (2004126 — Res2004-437).
6.09) Acceptance of 2003 Financial Trend Report.
6.10) Resolution Approving a Conditional Use Permit for Benjamin Steinkraus to allow a
Detached Garage over 1,000 square feet on Property located at 5910 Lawndale Lane North
2004027 — Res2004-438).
6.11) Resolution Accepting Streets for Continual Maintenance for Plum Tree East 8m Addition
2002032 — Res2004-439).
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Regular Meeting of October 26, 2004
Page 3 of 8
6.12) Resolution Approving Adopt -A -Street Program (Res2004-440).
6.13) Resolution Adopting Assessments for Street Improvement for Schmidt Lake Road
Adjacent to Timber Creek Crossing Play (2021— Res2004-441).
6.14) Resolution Authorizing the Installation of "No Parking" Signs on 51" Avenue from
Approximately 750 feet North of Schmidt Lake Road to the North Plat Line of the Timber Creek
Crossing Subdivision (4139 — Res2004-442).
6.15) Resolution Approving Change Order No. 3 for Schmidt Lake Road/Vicksburg Lane
Signal and Utility Improvements (3116 — Res2004-443) and a Resolution Approving Request for
Payment No. 3 and Final Schmidt Lake Road/Vicksburg Lane Signal and Utility Improvements
Project (3116 — Res2004-444).
6.16) Resolution Approving Change Order No. 1 for Well No's. 14 and 15 Well Houses and
Pumping Facilities (3132 — Res2004-445).
6.17) Resolution Awarding Bid Condensing Boilers for Central and Zachary Water Treatment
Plants Improvement Project (Res2004-446) and a Resolution Awarding Bid for HVAC Pumps
for Central and Zachary Water Treatment Plants Improvement Project (2032 — Res2004-447).
6.18) Accept the Third quarter 2004 Financial Report.
6.19) Resolution Accepting Donated Equipment to the Plymouth Fire Department (Res2004-
448).
The suggestion was made by Mayor Johnson and Councilmembers Bildsoe and Hewitt to discuss
the financial trend report at a future Study Session.
Councihnember Slavik thanked the Plymouth Senior Program for their donation to the Plymouth
Creek Center (item No. 6.07).
Councilmember Black commented on the new "Adopt -a -Street Program (item No. 6.12).
Councihnember Stein thanked the Plymouth Crime and Fire Prevention Fund for their donation
to the Fire Department (item No. 6.19).
The motion carried to approve the amended Consent Agenda.
Public Hearings
7.1) 2004 Weed Eradication and Destruction (Roll 1)
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Regular Meeting of October 26, 2004
Page 4 of 8
Finance Director Hahn reported on the proposed assessment roll for the 2004 weed eradication
and destruction.
Deputy Mayor Stein opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Deputy Mayor Stein
declared the public hearing closed.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik, to adopt
a Resolution Adopting Assessments for 2004 Weed Eradication and Destruction, Roll 1
Res2004-449). With all members voting in favor, the motion carried.
7.2) 2004 Removal and Destruction of Diseased Trees (Roll 1)
Finance Director Hahn reported on the proposed assessment roll for 2004 removal and
destruction of diseased trees.
Deputy Mayor Stein opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Deputy Mayor Stein
declared the public hearing closed.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt
the Resolution Adopting Assessments for 2004 Removal and Destruction of Diseased Trees, Roll
1 (Res2004-450). With all members voting in favor, the motion carried.
7.3) Assessment Hearing for 2004 Street Reconstruction Project, Deerhaven Area and
Mission Area (4101)
City Engineer Faulkner reported on the proposed assessment roll for the 2004 street
reconstruction project in the Deerhaven and Mission areas. He noted the objection received from
Gene and Melissa Boyer at 5715 Deerwood Lane. He referred to staff's response contained at
the Council desks this evening in response to their concerns.
Design Engineer Renneberg provided an overview of the project and City Engineer Faulkner
discussed the proposed assessments.
Regarding the Boyer's concerns, Councilmember Bildsoe asked about their sod. City Engineer
stated the sod would need to meet the City's criteria, or it would need to be corrected.
Deputy Mayor Stein opened the public hearing for testimony.
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Regular Meeting of October 26, 2004
Page 5 of 8
There being no one wishing to appear before the Council to give testimony, Deputy Mayor Stein
declared the public hearing closed.
Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to adopt a
Resolution Adopting Assessments for 2004 Street Reconstruction in the Deerhaven Area and
Mission Area (4101 — Res2004-451) and a Resolution Adopting Assessments for 2004 Street
Reconstruction for Parkside Apartments (4101 — Res2004-452). With all members voting in
favor, the motion carried.
7.4) Vacation of Drainage and Utility Easements over Lots 5-7, Block 1, Plum Tree East
8t" Addition
City Engineer Faulkner reported on the request of Schoell and Madson on behalf of Lundgren
Bros. Construction to vacate certain easements within Plum Tree East 8th Addition. He
explained the lot lines on Lots 5-8 of Block 1 would be adjusted to accommodate proposed home
designs. The existing drainage and utility easements proposed to be vacated would be replaced
over the newly created lot lines.
Deputy Mayor Stein opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Deputy Mayor Stein
declared the public hearing closed.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Slavik, to adopt
a Resolution Authorizing the Vacation of Drainage and Utilitv Easements over Lots 5-8. Block
With all members voting in
favor, the motion carried.
General Business
8.1) 2005-2009 Capital Improvements Program (CIP)
Financial Analyst Kohn presented the proposed 2005-2009 Capital Improvements Program.
Councilmembers Black and Slavik requested that the detention pond for Parkers Lake, in Circle
Park, be moved from the year 2009 to 2008, and the water quality pond at Medicine Lake would
be moved from the year 2008 to 2009.
Motion was made by Councilmember Slavik, and seconded by Councilmember Black, to adopt a
Resolution Approving the 2005-2009 Capital Improvement Program with moving the detention
Adopted Council Minutes
Regular Meeting of October 26, 2004
Page 6 of 8
pond for Parkers Lake from the year 2009 to 2008 and moving the water quality pond at
Medicine Lake from the year 2008 to 2009 (Res2004-454).
Councilmember Slavik reported on petition received from the Hawthorne Ponds neighborhood
for a street reconstruction project in the year 2007. She stated a resident from that development
has requested that project be moved up to the year 2005. She noted if the project were to be
moved to the year 2005, a 2005 project would need to be removed, and plans are already
underway for the 2005 street reconstruction projects. She stated she didn't find any project in
2005 that she would support removing. If there would be the possibility to move it to 2006, she
possibly could support that. She asked staff to address the bonding process if this project would
be moved to 2005.
Financial Analyst Kohn stated if the project were in 2005, it would be bonded in 2006. When
the City starts to pay debt service in 2006, it would take away funds that could be spent on other
projects during those years.
Councilmember Slavik mentioned the expansion of the Greenwood Elementary parking lot in
2005, and she is hoping the City could partner with the school district to obtain funding since
there is currently no funding identified.
There being no further discussion and with all members voting in favor, the motion carried.
8.2) Report on Medicine Lake Dock Issues
Park and Recreation Director Blank reported on dock issues at Medicine Lake. He stated
currently the City doesn't have a specific dock ordinance. He noted that there are three private
parties who have dock accesses on Medicine Lake, and in 1991 when the public trail was
constructed along the shoreline of the lake, staff spoke with the neighborhood and informed them
anyone who had a home immediately adjacent to the lakeshore would be allowed to continue to
use the lakeshore after the trail was constructed. However, the residents were also informed that
there was no guarantee that they would be allowed to continue to use the shoreline right-of-way
for dock purposes. This was necessary, so that if in the future, the City needed to alter the road
usage for any reason that would require the removal of the docks, the City would not have
grandfathered or granted anyone permission to have permanent dock rights. He stated the City
receives numerous calls from residents who don't own property on the lake requesting dock
accesses on the lake. He stated this spring, staff discovered three docks on West Medicine Lake
Drive that are owned by residents who don't own property abutting the lake. Staff sent
correspondence to the property owners requesting that they remove their docks. All three
residents are opposed to removing their docks. Staff recommends that these three docks not be
allowed to be put on the lake for the 2005 boating season and beyond.
Councilmember Bildsoe asked if a property owner with direct access to the lake could reassign
rights to their dock. Park and Recreation Director Blank replied each property owner is allowed
Adopted Council Minutes
Regular Meeting of October 26, 2004
Page 7 of 8
one dock, and they could grant permission to others to park their boats at their dock if that would
be the case.
Councilmember Black stated if the Council was to continue to allow these three residents to have
a dock on the lake, what would prevent her or any other resident not near the lake to request a
dock as well. Park and Recreation Director Blank replied this is the situation that is occurring
whereby staff receives numerous requests for docks.
Ron Zimmerman and Rosanna Luskey, 11907 23`d Avenue North, stated that they have had the
dock for 23 years. Ms. Luskey referred to an abstract that she believes allows dock access on the
lake. She feels that the Council should honor the requests that were made 10 years ago. She
stated there were changes made to the City policy in 1991 when she was given the option of
keeping her dock.
Councilmember Black asked how abstracts could contain a clause for use of public property.
City Attorney Knutson stated he has only viewed one of the abstracts, and there was one abstract
entry for a deed in 1908. Presumably, the road came after 1908, and it was acquired by some
means. He stated according to the Zoning Ordinance, one couldn't have an accessory structure
without a structure. He stated that their attorneys haven't provided him with any information
that states that they have dock rights.
Councilmember Slavik asked what the impact is to a lake where there are too many docks. Park
and Recreation Director Blank replied the Department of Natural Resources has a formula of one
dock per acre. They are concerned about future boats and docks.
Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to
support staffs recommendation that the three docks on West Medicine Lake Drive as noted in
the staff report be removed.
The majority of the Councilmembers stated that this is an equity issue. There are other residents
who would also like to have dock access but don't own property abutting the lake. In addition,
there is a concern of the City establishing a precedent by allowing these docks. The City also
needs to preserve the lake quality and safety in relation to overcrowding on the lake.
There being no further discussion and with all members voting in favor, the motion carried.
8.3) Plans and Specifications and Order Advertisement for Bids for Vicksburg Lane
Reservoir and Pumping Station (3108)
City Engineer Faulkner and the City's consultant with Bonestroo, Roscoe, Anderlik and
Associates, Inc. presented the proposed Vicksburg Lane reservoir and pumping station
improvement project.
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Regular Meeting of October 26, 2004
Page 8 of 8
Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to adop
a Resolutions Approving Plans and Specifications and Ordering Advertisement for Bids for the
Vicksburg Lane Reservoir Improvement Project (3108 — Res2004-455 and Res2004-456). With
all members voting in favor, the motion carried.
Reports and Staff Recommendations
9.1.1) Canvass Election Results
The Council added the canvassing of the 2004 General Election to the Special Meeting
scheduled on November 9 at 6:00 p.m.
Adjournment
Mayor Johnson adjourned the meeting at 8:45 p.m.
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Sandra R. Paulson, City Clerk