HomeMy WebLinkAboutCity Council Minutes 02-11-2003Adopted Minutes
Regular Council Meeting
February 11, 2003
Mayor Johnson called a Regular Meeting of the Plymouth City Council to order at 7:05 p.m. in
the Council Chambers of City Hall, 3400 Plymouth Boulevard, on February 11, 2003.
COUNCIL PRESENT: Mayor Johnson, Councilmembers Hewitt, Slavik, Black, Bildsoe, Neset,
and Stein.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Fire Chief Kline,
Police Chief Gerdes, Community Development Director Hurlburt, Public Works Director
Faulkner, Park and Recreation Director Blank, Human Resources Director Sobania, City
Engineer Quanbeck, Assistant City Engineer Hagen, Financial Analyst Kohn, City Attorney
Scott, and City Clerk Paulson.
Plymouth Forum
No one was present to address the Council).
Presentations and Public Information Announcements
4.01) Oath of Office to Four Firefighters
City Clerk Paulson administered the Oath of Office to firefighters Terry Brennan, Scott Altman,
David Hebert and Gary Schloesser.
4.02) Announcement of Youth Town Forum on March 3
Mayor Johnson announced this year's Youth Town Forum on March 3 from 5:30 p.m. to 7:00
p.m. at the Plymouth Creek Center, which is sponsored by the Youth Advisory Council.
4.03) Report on State of Alert
Police Chief Gerdes reported on the Police Department's efforts in regard to the public
information available for high alert status. He stated residents should be aware and alert of any
unusual activity. He noted that the police officers would have a more visible presence in the
community, and they would be stopping motorists who violate the law.
Approval of Aaenda
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Regular Meeting of February 11, 2003
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Councilmember Black requested to add the annual AMLAC meeting as item No. 9.2 under
Reports and Staff Recommendations.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik, to
approve the amended agenda. With all members voting in favor, the motion carried.
Consent Agenda
Mayor Johnson asked if there were any additions, corrections, or deletions to be made to the
Consent Agenda.
Mayor Johnson reported that a resident has requested that item No. 6.10 be removed from the
Consent Agenda. This item would be placed under General Business as item No. 8.3.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik, to
approve the amended Consent Agenda, which included the following items:
6.01) Regular and Special Council Meeting minutes of January 28.
6.02) Resolution Approving Disbursements for the Period ending January 31, 2003 (Res2003-
066).
6.03) Resolution Finding No Objection to Lawful Gambling Exemption for Ducks Unlimited
Res2003-067).
6.04) Schedule Board and Commission Recognition Event on March 13 at 6:30 p.m. at the
Plymouth Creek Center.
6.05) Amend the February 25 Special Council Meeting agenda
6.06) Resolution Appointing Individual to fill Park and Recreation Advisory Commission
Vacancy (Res2003-068).
6.07) Resolution Approving the Labor Agreement between the City of Plymouth and Law
Enforcement Labor Services (LELS) Representing Plymouth Police Officers for Calendar Years
2003-2004 (Res2003-069).
6.08) Resolution Approving Request for Payment No. 11 and Final Cheshire Lane Bridge and
Street Improvements (9006 — Res2003-070).
6.09) Resolution Approving an "All -Way" Stop at the Intersection of 32nd Avenue and Olive
Lane (Res2003-071).
6.10) (This item was removed from the Consent Agenda and placed as item No. 8.3 under
General Business).
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Regular Meeting of February 11, 2003
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6.11) Resolution Approving Change Order No. 1 for Old Rockford Road/Peony Lane Traffic
Signal and Turn Lane (2009 — Rcs2003-072).
6.12) Resolution Ordering Public Hearing on the Vacation of 6th Avenue North in Wood Pointe
Estates (Res2003-073).
6.13) Resolution Declaring Adequacy of Petition and Ordering Preparation of Report for Street
Lighting in Sunrise Marsh Addition (Res2003-074), and a Resolution Receiving Report and
Ordering Street Lighting Project for Sunrise Marsh Addition (Res2003-075).
6.14.1) Resolution Reducing the Required Financial Guarantee for the Reserve (20092 —
Res2003-076).
6.14.2) Resolution Reducing Required Financial Guarantee for Timber Creek Crossing
2001114 — Res2003-077).
6.14.3) Resolution Reducing Required Financial Guarantee for Killians Gate Addition
2002027 — Res2003-078).
6.14.4) Resolution Reducing Required Financial Guarantee for the Reserve Second Addition
2002054 — Res2003-079).
6.14.5) Resolution Reducing Required Financial Guarantee for Serenity on Hadley Lake
2002055 — Res2003-080).
6.14.6) Resolution Reducing Required Financial Guarantee for Cascades (2002058 — Res2003-
081).
Councilmember Black stated she wouldn't be in attendance for the March 13 Board and
Commission Recognition Event.
There being no further discussion, the motion carried to approve the Consent Agenda.
Public Hearings
7.1) 2003 Street Reconstruction Project (3101)
Public Works Director Faulkner illustrated the street reconstruction project that consists of an
area cast of Clifton E. French Regional Park, west of Zachary Lane, including 36th Avenue
through 39th Avenue (Maintenance District 27). He stated the estimated project cost is
1,716,000. Of that amount, the City's cost would be $1,442,559. The remainder ($273,441)
would be assessed. He noted that the proposed assessments are calculated according to the
City's Street Reconstruction Assessment Policy, and they represent approximately 16% of the
total project cost. He stated the goal of the policy is that 30% of the total project cost would be
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assessed. He stated during the last few years, the assessments have been considerably below the
30% goal. In addition, a minimum of 20% of the project cost is required to be paid by special
assessments to bond for the project using standard bonding methods unless it is either approved
by a referendum or in the case of street reconstruction, approved unanimously by the City
Council. He stated the assessments may need to be increased later this year in order to bond the
project. Staff has notified all property owners concerning this scenario.
Assistant City Engineer Hagen provided an overview of the project. He stated the project
consists of partial reconstruction of the streets in the area and the widening along the north side
of 36th Avenue to accommodate curb and gutter.
City Manager Johnson reiterated that staff may have to review the assessment policy later this
year depending on what occurs at the State level with respect to their budget difficulties and how
that would impact the City.
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 Councilmember Black, and seconded by Councilmember Bildsoe, to adopt
a Resolution Ordering Improvement and Preparation of Plans and Specifications for 2003 Street
Reconstruction Project and Establishing Compliance with Reimbursement Bond Regulations
under the Internal Revenue Code (3101 — Res2003-082). With all members voting in favor, the
motion carried.
7.2) Old Rockford Road/Highway 55 Area Sewer and Water (1033)
Public Works Director Faulkner reported this project was originally ordered on February 12,
2002. Construction plans were prepared and bids were received on July 12, 2002. The bids
received would've resulted in greatly increased assessments and were rejected. Subsequently,
minor plan modifications were made to improve constructability and completion deadlines were
adjusted. The project was readvertised and bids were opened on January 7, 2003. The proposed
assessments based on the new bid are much closer to the estimated assessments provided to the
property owners last year. He stated the proposed total cost of the project is $694,260 with the
City's cost being $218,784.45, and $465,475.55 being assessed. State law requires that a
contract be awarded within one year of the ordering of the project or the process must begin
again with a new improvement public hearing.
He stated staff is recommending that certain parcels, which are receiving benefit from the
sanitary sewer and water lines but will not have direct service connections at this time, be
deferred with interest until such time that the Council approves a site plan or final plat to develop
the property. At that time, the deferred assessment would become payable in full. In addition,
staff is recommending that the project cost for future sewer and water benefit to the Osier
Addition be paid by the City at this time. When the properties develop and connect to the
sanitary sewer or watermain, the project cost plus interest charged would be picked up with a
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building or plumbing permit as a connection charge. If the individual properties would connect
to the watermain before further development occurs, the project cost plus interest charged would
be paid with the plumbing permit.
City Engineer Quanbeck illustrated the project area. He noted that there would be some
disruption for traffic on Old Rockford Road during the construction period, and he explained
how the traffic would be redirected as well as how property owners would access their
properties. He stated part of the City's costs include extending the watermain across Highway
55 and abandoning the lift station.
Mayor Johnson asked how the interest rate on the assessments is determined. Financial Analyst
Kohn replied that interest rates are based upon future expectations for interest rates over the
financing period.
Mayor Johnson opened the public hearing for testimony.
Jim Yarosh, an attorney representing the Fine family, commended staff for working with the
property owners. He stated the first bid was very high, and they didn't feel the assessments were
fair. However, staff further reviewed the assessments and rebid the project. He received
confirmation that the watermain would go around the Fine property rather than through it to the
south side of Highway 55.
Dave Cavanaugh, representing William and Annette Holte and Joyce Martin, who own property
to the east of the Fine property, requested that the interest on these properties be forgiven without
interest until such time as the properties are developed or sold. He stated with the City changing
the zoning and setbacks, their property is virtually unable to be developed unless all the
surrounding homeowners decide to sell at the same time.
Public Works Director Faulkner stated staff is not recommending approval of this request.
Community Development Director Hurlburt stated the zoning of the property has not changed,
and it remains in the FRD district until urban services are proposed.
Rohit Patnaik, 17460 49h Avenue North, asked how construction of the watermain to the south
of Highway 55 would affect the traffic on Highway 55.
Public Works Director Faulkner replied there would be no effect on the traffic.
Joe Rupar, 18140 Highway 55, requested and received assurance that he wouldn't be assessed
for any water or sewer services at this time. Public Works Director Faulkner stated when his
current property would connect to the City's watermain, there would be a connection fee at the
time a building permit is secured.
Mr. Rupar indicated his desire to consolidate his property with others so the property could be
redeveloped. Public Works Director Faulkner reiterated that there wouldn't be an assessment to
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any of the individual homes; however, if the properties would be consolidated, there would be
assessments.
There being no one else wishing to appear before the Council to give testimony, Mayor Johnson
declared the public hearing closed.
Motion was made by Councilmember Stein, and seconded by Councilmember Slavik, to adopt a
Resolution Adopting Assessments for "Cascades," Old Rockford Road/Highway 55 Area Utility
Immovements (1033 — Res2003-083), Resolution Adopting Assessments for Old Rockford
Road/Highway 55 Area Utility Improvements Sub -Trunk, Sanitary Sewer and Water Lateral
Fine, Martin, Mastlev, SVK and Hughes Properties (1033 — Res2003-284), and a Resolution
Approving Deferred Assessments for Old Rockford Road/Highway 55 Area Utility
Improvements for Fine, Martin, SVK and Hughes Properties (1033 — Res2003-085).
Councilmember Bildsoe asked if there is an additional cost to have the watermain go around the
Fine property rather than through it. City Engineer Quanbeck replied that if it were constructed
through the property, the City would need to purchase an easement. Staff recommends the
option of going around the property.
There being no further discussion and with all members voting in favor, the motion carried.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt
a Resolution Awarding Bid for Old Rockford Road/Highway 55 Utility Improvements (1033 —
Res2003-086). With all members voting in favor, the motion carried.
General Business
8.1) Approval of Cost Participation with the Minnehaha Creek Watershed District for
Future Pumping Options of Mooney Lake
Public Works Director Faulkner stated in the fall of 2002, the City and the Minnehaha Creek
Watershed District shared the cost to pump Mooney Lake due to high water levels. He stated the
water levels were pumped down to two feet above the flood level. He noted that in the spring, it
might be necessary to pump the lake again. The watershed district has requested the City to pay
50% ($25,000) to accomplish the following:
1. Monitor the Mooney Lake water level.
2. Apply to the Department of Natural Resources for a water appropriations permit to continue
pumping from Mooney Lake.
3. Emergency pumping of the lake in 2003, if necessary.
4. Prepare a feasibility study for a permanent emergency pumping system.
Councihnembers Hewitt and Black noted that the cities of Medina and Orono also have homes
along the lake, and they questioned whether they would be contributing. Public Works Director
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replied no, but the majority of the homes are in Plymouth and would be impacted first if there
was any flooding.
Councilmember Slavik stated she also agrees that Orono and Medina should help with payment;
however, she doesn't want to jeopardize this current plan. She stated she is concerned what
would occur in 2004 and 2005. She requested a breakdown on the number of homes in each city.
A resident in the audience stated there are 95 homes in Plymouth and 20 combined for the cities
of Medina and Orono.
Councilmember Slavik stated the City needs to make sure there is adequate funding in the future
for the pumping of the lake, and the City needs to continue working with the watershed district
and County Commissioner Steele.
Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe, to adopt
a Resolution Requesting that Minnehaha Creek Watershed District develop and implement a
Pumping Plan for Mooney Lake (Res2003-087). With all members voting in favor, the motion
carried.
8.2) Consideration of denial of Variance to construct an above grade cantilever addition
Michelle Brousseau, 3725 Wellington Lane — 2002145)
Community Development Director Hurlburt reported at the January 7 Council meeting, the
Council requested staff to prepare a Resolution consistent with denial for this request. At the
January 28 meeting, the applicant requested this item be postponed to this evening.
Michelle Brousseau, 3735 Wellington Lane, stated she has been a resident of the City for 20
years. She illustrated the proposed cantilever and stated it would extend out 20 inches from the
house, but would still be under the overhang which extends 24 inches. The cantilever would also
start eight inches from the back corner of her house. She stated it would be above grade, and she
illustrated pictures of other homes in the neighborhood that have cantilevers. She stated her
adjacent neighbor was granted a Variance in 1998 to construct a third stall in his garage. Since
that was constructed, she installed a fence between the two properties on her side of the property
line. She stated there is 23 feet between her house and her neighbor's house, and her house was
constructed 10 feet from the side yard. She discussed the criteria for a Variance and stated her
hardship is based on the application of the 15 foot side yard setback of the RSF-1 zoning district
of property that was originally developed under the R-lA zoning district that required a 10 -foot
side yard setback. Another hardship is the irregular shape of her property as it narrows in the
back on the south side and becomes wider toward the street. She indicated that her mother, who
uses a wheelchair, would be moving in with her, and she would also be constructing a ramp in
the front of the house. She stated her request is not based upon the desire to increase the value or
the income potential of her property, but to increase the livability of her home. She stated
granting the Variance would not be detrimental to the public welfare or injurious to other land or
improvements in the neighborhood. It also would not impair an adequate supply of light and air
to adjacent property. She has requested the Council approve the Variance, as it is a balance
between her understanding of the setback regulations and her desire to meet the needs of her
family.
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Regular Meeting of February 11, 2003
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David Bearman, 3725 Wellington Lane, stressed that the construction of the cantilever was
started without obtaining a building permit, and he believes the intent was to complete the
project without securing a building permit. He stated the applicant's home is not currently
handicap accessible. He referred to a letter that he provided to the Council from the applicant's
attorney. He believes this is a very threatening letter. He noted that there is an ongoing dispute
on the location of the property line. He stated four years ago, he had his property surveyed, and
he believes that the applicant's fence extends over the property line. However, it is difficult to
verify that as the stakes have been removed and/or covered. He suggested that the Council order
a new survey as well as the placement of new stakes.
Mayor Johnson asked if staff has verified the location of the property stakes. Community
Development Director Hurlburt replied there was an inspection when the fence was constructed;
however, since that time, staff has been notified that the stakes have been altered. She stated if
there is a dispute on the property line, and if the Council approves the Variance, they could make
a new survey a condition of the approval.
Mr. Bearman stated the original 10 foot setback requirement restricted cantilevers, and he feels
this condition should be followed. He stressed their homes are very close, and feels that if the
Council approves this Variance, it would make the closeness feel that much more evident.
Motion was made by Councilmember Slavik, and seconded by Councilmember Black, to adopt a
Resolution Denying a Variance to Side -Yard Setback to construct an Above -Grade Cantilever
Addition 8 feet 4 inches from the Side Property Line where the Zoning Ordinance requires 15
feet for Michelle Brousseau for Property located at 3735 Wellington Lane (2002145 — Res2003-
088).
Councilmembers Slavik and Black commented that they don't feel the request meets the criteria
for a Variance.
Councilmember Hewitt stated she wouldn't support the motion as the request is only for a few
inches.
Councilmember Neset stated since the cantilever addition doesn't extend beyond the cave, and it
would provide assistance for disabled individuals in the home, he doesn't view it as intrusive.
Councilmember Stein agreed with Councilmember Neset.
Mayor Johnson stated she believes six of the seven Variance standards have been met, and she is
trying to apply the standards fairly and equitably.
Ms. Bearman stated she wouldn't oppose the request if the cantilever would be on the back or the
front of the home where the setbacks are greater than 10 feet. She stated the view from the
applicant's addition is directly into her bedroom; therefore, it is an issue of privacy for her. She
believes that a one level house would be a better option for the applicant rather than the current
split level home.
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Regular Meeting of February 11, 2003
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Ms. Brousseau stated her home is an investment, and she has no intentions of relocating. She
stated the feeling of closeness between the two properties was attributed to Mr. Bearman's
addition of the third stall on his garage.
There being no further discussion, the Council voted on the motion. With Black, Bildsoe,
Slavik, and Johnson voting yes, and Stein, Neset, and Hewitt voting no, the motion carried.
The Council took a 10 -minute break.
8.3) Resolution Authorizing "No Parking" Restrictions on Trenton and Saratoga Lane
North of 36th Avenue from 8:00 a.m. to 2:00 p.m. on School Days
Public Works Director Faulkner stated the requested "no parking" restriction on school days was
petitioned by 18 of the 22 property owners in this area.
Ruth Solom, 3620 Trenton Lane, stated she was one of the residents who didn't sign the petition.
She explained she has lived at this location for 16 years, and it doesn't bother her to live near
Armstrong High School or when people park on her street. She agrees with those residents that
signed the petition that there is a problem. The students are parking on the residential streets to
avoid paying a fee to park in the school's lot. Students are parking in front of mailboxes, driving
on grass, and occasionally leaving trash on the yards. She stated she is concerned about the
proposed parking restriction, as it would prevent her and her visitors from parking on the street.
She stated she has recently started a home based business, and there is a need for parking on the
street. She asked if there could be other options available i.e. posting a sign that states only
resident parking during school hours, or granting parking passes to residents that they can post in
their windshields during school hours.
Mayor Johnson asked if the area could be posted for resident parking only. Public Works
Director Faulkner replied these options have been previously discussed near other schools. He
stated there is an enforcement issue with those options. Police Chief Gerdes added when there is
a sign posted, there would be enforcement as select enforcement is incredibly difficult. He
added that the issuing of parking passes would also create a difficult enforcement issue.
Councihnember Black asked what the cost is for a parking pass at the high school.
Ms. Solom replied the fee is $100 per semester. She asked if there would be a possibility to
working with the school in educating the students on how to be a good citizen and requesting
that they not park in the residential neighborhood.
Public Works Director Faulkner stated there is the same parking restriction in the Conor
Meadows neighborhood as well as other residential areas near Armstrong High School.
Councilmember Bildsoe stated he supports the parking restriction since 82% of the residents
support it.
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Regular Meeting of February 11, 2003
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Edward Schneider, 3615 Trenton Lane, stated he supports the petition as students park in front of
the mailboxes which causes a delay in receiving mail. He stated he has left notes on students'
vehicles, but that hasn't improved the situation.
Councilmember Hewitt asked Ms. Solom if she discussed any of her alternative suggestions
when the petition was being circulated. Ms. Solom replied there wasn't the opportunity to
discuss any of the ideas, but everyone realizes that the school has no control over the students
when they aren't on school property.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe to adopt
Councilmember Black suggested that staff send a letter to Armstrong High School informing
them of the action taken this evening.
There being no further discussion and with all members voting in favor, the motion carried.
Reports and Staff Recommendations
9.1) Legislative Update
City Manager Johnson stated that staff attended the State hearing on the proposed administrative
rules relating to discipline for certified building officials. He noted that the ruling wouldn't be
received until approximately mid March, which is a concern of staff since there may not be time
to adequately respond with legislation if the ruling isn't favorable.
Motion was made by Mayor Johnson, and seconded by Councilmember Bildsoe, to direct staff to
proceed with draft language for a bill on the this issue. With all members voting in favor, the
motion carried.
Motion was made by Councilmember Black, and seconded by Councilmember Stein to meet
with area legislators on February 20 at 6:00 p.m. at the Fireside Room at the Plvmouth Creek
Center. With all members voting in favor, the motion carried.
Councilmember Black reported that the State has already reduced recycling funds as well as
water quality funding.
9.2) Annual AMLAC Meeting
The Council requested that staff post a notice of AMLAC's annual meeting on February 19 at
7:00 p.m. at Medicine Lake City Hall, since a quorum of the Council could be present.
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Regular Meeting of February 11, 2003
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Adiournment
Mayor Johnson adjourned the meeting at 9:45
il/Aiv"'
Sandra R. Paulson, City Clerk