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HomeMy WebLinkAboutCity Council Minutes 04-22-2003Adopted Minutes Regular Council Meeting April 22, 2003 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 April 22, 2003. COUNCIL PRESENT: Mayor Johnson, Councilmembers Hewitt, Black, Slavik, Bildsoe, Neset, and Stein. R\: ILIBit S"0 - STAFF PRESENT: City Manager Johnson, Fire Chief Kline, Community Development Director Hurlburt, City Forester Buck, Police Chief Gerdes, Finance Director Hahn, Public Works Director Faulkner, Housing Manager Barnes, Park and Recreation Director Blank, Volunteer Coordinator Anderson, City Attorney Knutson, and City Clerk Paulson. Plvmouth Forum Jaci Arvola, 17915 County Road 24, stated their residence is located at the southwest corner of County Roads 101 and 24. Their backyard is to drain under County Road 101. However, the water isn't draining properly, and it stands very close to their house. She noted that the Department of Natural Resources has placed mosquito pellets in the water to prevent the breeding of mosquitoes. She stated the adjacent neighbors have been aware of this situation and have previously contacted the City. She provided a handout to the Council that contained pictures. Mayor Johnson thanked her for addressing the Council. She stated staff would be contacting her to discuss her situation. Steve Gardner, 10717 10th Avenue North, voiced his concern with recent developers where they have satisfied the tree preservation ordinance, but after the lots were sold, the property owners needed to clear the trees in order to build on the lots and have a backyard. He stated he has previously addressed the Council regarding the City's drinking water supply, and he noted that the information that he had provided was the same as what Public Works Director Faulkner presented at the previous Council meeting. Mayor Johnson thanked him for addressing the Council. She highlighted the major upgrades that are planned for the water treatment plants. She also stated there are no tree preservation requirements on private properties; therefore, property owners have a right to remove trees. Motion was made by Councilmember Black, and seconded by Councilrnember Hewittto suspend the rules in order to act on item No. 7.2. With all members voting in favor, the motion carried. 7.2) 2003 Five -Year Street Reconstruction Plan and Issuance of Bonds Adopted Council Minutes Regular Meeting of April 22, 2003 Page 2 of 15 Finance Director Hahn reported on the proposed sale of $1,465,000 in general obligation street reconstruction bonds and the proposed 2003 Five -Year Street Reconstruction Plan. He stated this bond issue would finance the projects contained in the plan for 2003. 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. Public Works Director Faulkner illustrated the streets that are proposed to be constructed during the next five years. He also reported on the bids received for the 2003 street reconstruction project, and noted that staff is recommending that the Council award the bid to Hardrives, Inc. in the amount of $1,266,517.83. Councilmember Bildsoe stated there is a large amount of reconstruction projects versus resurfacing projects, and his concern is that if there could be a large amount of resurfacing projects in the future. Therefore, he asked if the proposed projects would address that. Public Works Director Faulkner replied staff would be analyzing that further and providing a more detailed report to the Council. Councilmember Bildsoe asked if in the future staff would consider issuing bonds for more than one year's worth of projects. Finance Director Hahn replied that could be considered, but staff is only concerned at covering the 2003 projects due to potential State cutbacks. Councilmember Black stated in addition to State cutbacks, there has been no increase in the gas tax, and there have been levy limits in place so the City couldn't generate extra funds for repairs to the roadways. City Manager Johnson stated the overall quality of the City's streets hasn't increased or decreased, but has remained steady. However, further information would be available after the analysis. Councilmember Slavik noted that there are some streets in her ward that haven't been included in the Five Year Street Reconstruction Plan, and they are some of the worse areas in the City. Public Works Director Faulkner acknowledged that those streets aren't included in the plan. He stated the streets that are included in the plan are based on the input from the street maintenance personnel, the ranking of the street, and input from the neighborhood. He stated the goal is to redo the streets before they proceed to the worse category with the prevention management program. He outlined the petition process for those residents who desire to have their streets included in the five-year plan. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt a Resolution Adopting a Street Reconstruction Plan and Approving and Authorizing the Issuance Adopted Council Minutes Regular Meeting of April 22, 2003 Page 3 of 15 of General Obligation Street Reconstruction Bonds, Series 2003B (Res2003-203). With all members voting in favor, the motion carried. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik, to adopt a Resolution Awarding the Contract for 2003 Street Reconstruction Project No. 3101 to Hardrives, Inc. (Res2003-204). With all members voting in favor, the motion carried. Presentations and Public Information Announcements 4.01) Oath of Office to Police Officer Matt Gliniany City Clerk Paulson administered the oath of office to Police Officer Matt Gliniany. 4.02) Announcement of Youth Service Awards Reception on May 15 at the Plymouth Creek Center Mayor Johnson announced the Youth Service Awards Reception on May 15, at 7:00 p.m. at the Plymouth Creek Center. 4.03) Presentation of 2002 Volunteer Services Report and Proclaim "Volunteer Recognition Week" Volunteer Coordinator Anderson gave a presentation on the volunteer services program. Mayor Johnson read the Proclamation Declaring April 27 -May 3 as "Volunteer Recognition Week." 4.04) Proclamation Designating Arbor Day City Forester Buck reported that May 28 is Arbor Day, and the Oakwood Elementary School would be hosting the planting event at 1:45 p.m. Councilmember Hewitt encouraged everyone to also attend Oakwood Elementary School's Environmental Fair. Mayor Johnson read the Proclamation Declaring May 28 as "Arbor Day." 4.05) Announcement of Yard and Garden Expo on April 26 Adopted Council Minutes Regular Meeting of April 22, 2003 Page 4 of 15 City Forester Buck reported on the Yard and Garden Expo on April 26 from 9:00 a.m. to 2:00 p.m. at the Plymouth Creek Center and Athletic Dome. 4.06) Announcement of Minnesota Shade Tree Advisory Committee's Outstanding Youth Project Award to Will Hawkinson City Forester Buck illustrated the Minnesota Shade Tree Advisory Committee's Outstanding Youth Project Award that Will Hawkinson recently received for his Highway 55 reforestation efforts. Mayor Johnson requested that a letter be sent to him on behalf of the Council congratulating him on his accomplishment. 4.07) Proclamation Designating "National Day of Prayer" Mayor Johnson read a Proclamation Declaring May 1 as "National Day of Prayer." Approval of Agenda Councilmember Slavik requested to add a report on a mini Citizens Academy as item No. 9.3 under Reports and Staff Recommendations. Mayor Johnson added an update on the skatepark as item No. 9.4 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 Motion was made by Councilmember Black, and seconded by Councilmember Stein, to approve the Consent Agenda, which included the following items: 6.01) Minutes from the Special and Regular Meetings of April 8. 6.02) Resolution Approving Disbursements for the Period ending April 11, 2003 (Res2003- 182). 6.03) Resolution Approving Lot Consolidation of Lots 2 and 3, Block 1, Fernbrook Town Office Park, located at 3145 and 3149 Fernbrook Lane North (2003020 — Res2003-183). 6.04) Resolution Approving a Conditional Use Permit for Insurance Advisors, Inc. for Property located at 15020 27`h Avenue North (2003 023 — Res2003-184). Adopted Council Minutes Regular Meeting of April 22, 2003 Page 5 of 15 6.05) Resolution Approving an Interim Home Occupation License for Amy Slaughter for Property located at 18415 31st Avenue North (2003013 — Res2003-185). 6.06) Resolution Approving Conditional Use Permit and Site Plan Amendment for a Columbarium, Courtyard, and Trail to be located behind St. Bamabas Lutheran Church at 15600 Old Rockford Road (2003014 — Res2003-186). 6.07) Ordinance Amending Chapter 21 of the City Code to Classify Certain Lands located at 11255 Highway 55, and to establish a Planned Unit Development District (2003015 — Ord2003- 09), Resolution Approving Findings of Fact for Rezoning of Property located at 11255 Highway 55 (2003015 — Res2003-187), and a Resolution Approving PUD General Plan for GEM Enterprises for Property located at 11255 Highway 55 (2003015 — Res2003-188). 6.08) Resolution Approving Conditional Use Permits for Stonewood Design/Build LLC to allow construction of a Single -Family Home on Property that does not have access to a City Street and an Attached Garage in excess of 1,000 square feet for Property located at 235 Black Oaks Lane North (2003018 — Res2003-189). 6.09) Resolution Finding No Objection to Lawful Gambling Exemption for Plymouth - Minnetonka Rotary Club (2003-190). 6.10) Resolution Approving Garbage Hauler License for Armor Roll -Off Services, LLC Res2003-191). 6.11) Resolution Amending the Personnel Policy Authorizing Payment of Salary Differential for Minnesota National Guard and Reserve Forces on Active Duty (Res2003-192). 6.12) Resolution Approving Traffic Signal Plans for County Road 9 and Dunkirk Lane/36th Avenue (2042 — Res2003-193), Resolution Approving Traffic Signal Agreement for County Road 9 and Dunkirk Lane/36th Avenue (2042 — Res2003-194), Resolution Approving Traffic Signal Plans for County Road 9 and Polaris Lane/Old Rockford Road (2043 — Res2003-195), and a Resolution Approving Traffic Signal Agreement for County Road 9 and Polaris Lane/Old Rockford Road (2043 — Res2003-196). 6.13) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for 2003 Crack Repair (Res2003-197). 6.14) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for 2003 Seal Coat Program (Res2003-198). 6.15) Resolution Approving Change Order No. 1 for County road 101 Landscape Improvements (9005 — Res2003-199). 6.16) Resolution Approving U.S. EPA NPDES Phase II, Municipal Separate Storm Sewer System General Storm Water Permit (Res2003-200). Adopted Council Minutes Regular Meeting of April 22, 2003 Page 6 of 15 6.17) Resolution Receiving Feasibility Study, Ordering Improvement, and Preparing Plans and Specifications for 1506 Weston Lane Drainage Improvements (3104 — Res2003-201). 6.18) Acceptance of First Quarter 2003 Financial Report. Mayor Johnson and Councilmember Bildsoe registered no votes for item No. 6.14. The motion carried to approve the Consent Agenda. Public Hearings 7.1) Refunding of Housing Revenue Bonds for Regency Pointe (Harbor Lane) Apartments Housing Manager Barnes reported on the request of OPR Limited Partnership, owner of Regency Pointe Apartments, for the City to issue an additional series of multi -family housing revenue refunding bonds in the principal amount of $6,965,000 in order to refinance the outstanding 1993 bonds. He explained the City originally issued housing revenue bonds in 1993 in the principle amount of $9,135,000 to finance the acquisition and rehabilitation of the project. 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 Bildsoe, and seconded by Councilmember Slavik, to adopt a Resolution Giving Preliminary Approval to the Issuance of Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (Harbor Lane Apartment Project), Series 2003, Pursuant to Minnesota Statutes, Chapters 462A and 462C; on behalf of OPR Limited Partnership (Res2003- 2921. With all members voting in favor, the motion carried. 7.3) Vacation of Second Avenue in Greendale Addition Public Works Director Faulkner reported on the petition submitted by Robert Stacy and Dennis Meyers for a Vacation of 2nd Avenue within Greendale Addition. He stated that Robert Stacy has applied for a building permit that does not meet the required setbacks. Vacating the street right-of-way would provide the necessary setback for the addition to Mr. Stacy's home. He noted that Greendale Drive and Greendale Lane west of the cul-de-sac have never been used for street purposes and because of the platting of the property to the west of Greendale, this area would not be used for street purposes. He indicated that as a condition of the approval for vacating the right-of-way, Mr. Stacy and Mr. Meyers would be required to sign an easement granting the City's standard six-foot drainage and utility easements on each side of the new property line and along the west line of the vacated area. A 10 -foot wide drainage and utility easement would also be required along the right-of-way line. In addition, Center Point Energy Adopted Council Minutes Regular Meeting of April 22, 2003 Page 7 of 15 has a gas main within a portion of the right-of-way proposed to be vacated, and an easement would be required covering the gas main. 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 Slavik, and seconded by Councilmember Bildsoe, to adopt a Resolution Authorizing the Vacation of Second Avenue North (Greendale Drive and Greendale Lane) in Greendale Addition (Res2003-211). With all members voting in favor, the motion carried. General Business 8.1) Rezoning, Preliminary Plat, and Site Plan for "Bass Lake Villas" Development to be located South of Bass Lake Road and East of Trenton Lane (2002004) Community Development Director Hurlburt reported on the request of Lifestyle Properties, Inc. for approval of rezoning, preliminary plat, and site plan for "Bass Lake Villas," an 18 -unit development consisting of seven single-family homes and 11 townhouse units on a 8.24 acre parcel. She stated there would be two different styles for the townhouses including both split entries and ramblers. Both styles would have walkout basements. The single-family homes are proposed as ramblers either on slabs (handicapped accessible) or with walkout basements. She stated a portion of this site was considered previously for a commercial use, and it was included in Study Area C. She illustrated the site as well as the proposed appearances of the townhouses. She spoke of the wetland located on the property. North of the wetland is the LA -3 guiding where the 11 -townhouse units would be located. South of the wetland is the LA -2 guiding where the seven detached townhouse units would be located. She stated under the current guiding, there could be a total of 16 to 32 units constructed on the property, and there are 18 proposed with this development. She stated that there are two water quality ponds that would serve the development. There would be a new pond constructed on the northern portion of the property to drain that part of the development. The drainage from the seven units on the southern part of the property would drain onto Trenton Lane and then into the pond at the Harrison Hills development. She stated the pond on the Harrison Hills property was designed to accommodate this run-off. There was also a concern on the maintenance of the pond. She stated while the Council would be discussing pond maintenance in the future, staff is recommending that a pond maintenance agreement be in place for those seven properties in this development. Adopted Council Minutes Regular Meeting of April 22, 2003 Page 8 of 15 She stated there would be a sidewalk on Trenton Lane for pedestrian traffic. The City has been informed of the desire for a trail on the south side of Bass Lake Road. Therefore, easements in this development would be retained for that purpose. She illustrated the proposed design and elevation of the homes. She stated the detached townhomes would be one level units, with the potential for a walkout level, which would be very similar to the proposed attached townhomes. She stated at the Planning Commission meeting, there were concerns expressed that the price of the homes wouldn't be compatible with the adjacent neighborhoods, nor the materials wouldn't be of high standard. She stated the building materials and elevations meet all of the City's requirements. She stated the price of the homes would be $200,000 for the attached townhomes and $250,000 for the detached townhomes. Staff has encouraged the developer to make a few of the units affordable. She stated in this area of the City, there is a wide range of homes, townhomes, and price ranges. She discussed the request for the rezoning of the property, and she stated this project does meet all the criteria. She noted that the proposed density is consistent with the Comprehensive Plan. The LA -2 classification allows for densities of three to six units per acre and the LA -3 classification allows for densities of six to 12 units per acre. Based on the Comprehensive Plan, the maximum number of dwelling units that could be proposed is 32 units and the minimum is 16. She stated the applicant is proposing 18 units, which breaks down to six units per acre on the land designated LA -3 and four units per acre on the property designated LA -2. Councilmember Neset noted that if the Council wouldn't approve this development tonight, there could be a more dense development. Bill Gleason, from Lifestyle Properties, discussed the detached townhomes proposed for the southern part of the development. He stated they selected detached townhomes because they would be adjacent to single-family homes, and it would be a good transition. He stated there would be the opportunity to make the attached townhomes located in the northern part of the development affordable. He stated they would support a joint maintenance agreement for the pond in Harrison Hills. He noted that if the property to the east of this development were developed, there would be an easement for the use of the road in the north part of the development. He stated there would be an association for both parts of the development. The townhomes would be constructed with brick and vinyl siding. Andy Start, 5355 Union Terrace Lane North, representing Ponds at Bass Creek, stated the guiding of this property is subjective. He stated he is concerned with the proposed density levels. Community Development Director Hurlburt stated the density is calculated only on the buildable area of the property. Mr. Start stated the zoning issue is slightly different as 18 units are proposed, and the guiding requires a minimum of 16 and a maximum of 32 units. He stated there could be five detached units rather than seven, and it would still satisfy those requirements. This would also make the lots more compatible. He stated the Ponds in Bass Creek is guided RSF-2, but for all practical Adopted Council Minutes Regular Meeting of April 22, 2003 Page 9 of 15 purposes, it is RSF-1. He questioned the effective transitions in the Comprehensive Plan between the Ponds in Bass Creek to this proposed development. He stated there are no trees or natural barriers. Community Development Director stated there is no requirement for a transition between the proposed single-family homes and adjacent single-family homes. Mr. Gleason stated if there would be fewer units, they would need to absorb the costs to develop the property. Steven Osmera, 10505 57th Avenue North, stated he resides to the west of the proposed detached units on Trenton Lane. He stated he prefers this development rather than a commercial development. He asked if there would be on -street parking for the homes on Trenton Lane as this roadway is very busy. Community Development Director Hurlburt replied Trenton Lane is wider than a typical residential street. She stated as part of the development, there would be a sidewalk constructed on one side of Trenton Lane. She stated if there would be any parking on the street, it would be very minimal as all the homes have double garages with parking in front of the garages. If there would be a problem with parking on the street, staff would review parking restrictions. Jerry Unger, 10607 57th Place North, from the Harrison Hills development, stated Trenton Lane is a very dangerous road. He stated that the sidewalk that is proposed on Trenton Lane would basically go nowhere. He noted the difficulty in trying to cross Bass Lake Road with four lanes of traffic and two turn lanes. He stated their association would be willing to provide easement for walkways from Trenton Lane up to Zachary Lane. He stated the tenants of the commercial properties only utilize the path on the north side of Bass Lake Road. He agreed with other residents that there is no transition from the southern part of the development to the adjacent development. He noted that the pond in their development collects all the water along Trenton Lane as well as their development, and the pond is currently overloaded. The pond floods consistently as well as the low spot on Trenton Lane and on 57"' Place North. He illustrated pictures of overflow to the pond. He was informed that this pond would be addressed when the east side of Trenton Lane would be developed. He stated this pond is rain sensitive, and it would only take a four -inch rain to flood the area. Public Works Director Faulkner acknowledged that there would need to be grading on Trenton Lane to avoid some of the flooding. He noted that some of the water coming off Trenton Lane and southern portion of this proposed development would be drained to the pond on the east side of Trenton Lane. Mr. Unger stated the pond maintenance agreement for the pond in the Harrison Hills development only involves six properties, and there should be 15 properties. He stated all of the pond maintenance agreements for this pond should be cross-referenced so everyone is aware of who should be sharing in the cost. Adopted Council Minutes Regular Meeting of April 22, 2003 Page 10 of 15 Chris Greene, 5630 Trenton Lane North, stated he is very concerned about the transition between the homes proposed for the southern part of the development and the adjacent single-family homes. He requested there be a transition between these two developments. Eric Meisel, 5640 Trenton Lane North, agreed with Mr. Greene that he is very concerned about transition between the two developments. Charles Beisner, 5650 Trenton Lane North, also agreed that there isn't much transition between the LA -2 guiding and the adjacent development. He asked what the purpose is for the turnaround area in the northern part of the development. Community Development Director Hurlburt replied it would be used for turnaround purposes. Mr. Beisner stated with the price of the land, the developer could develop four to five lots rather than seven lots on the southern portion of the development and construct homes similar to the adjacent development. This would be a more suitable transition, and the developer would make more profit. Mayor Johnson stated the single-family detached townhomes are the transition to the attached townhomes. Mr. Beisner stated with less lot coverage, it would improve the drainage into the pond. He stated the price of the homes would only be in the mid range. Mayor Johnson stated with the finishing of the lower levels of the units, the value of the homes could be at least $350,000. Ron Lustman, 5664 Trenton Lane North, noted the property values of adjacent developments, and that three of the homes in the proposed development wouldn't be walkouts. Therefore, those homes would only have 1,550 square feet. Steve Gardner, 10717 10`h Avenue North, requested that the developer place black dirt under the sod. Councilmember Black stated she discussed with staff the need to double-check the elevations of the homes and additional grading on the east side of Trenton Lane along the curbs to make sure the drainage is flowing the way it was designed. She stated there could also be potential problems on the boulevards on the west side of Trenton Lane; therefore, there could be additional grading as well. She stated that the Trenton Lane and Bass Lake Road intersection is very dangerous, and perhaps the City could contact the County in moving the signalization of that intersection up on their capital improvement plan. Councilmember Bildsoe stated he recalls that when this property was initially reviewed with the Comprehensive Plan, it was discussed guiding the property LA -4 rather than LA -3. Councilmember Hewitt asked Mr. Gleason if they would be willing to construct a berm with pine trees on the southern portion of the development as a transition between the adjacent Adopted Council Minutes Regular Meeting of April 22, 2003 Page 11 of 15 neighborhood. Mr. Gleason replied a berm would be problematic with drainage; however, pine trees could be workable. Councilmember Hewitt asked if the drainage problems with the pond in Harrison Hills could be resolved. Mr. Gleason replied there was a mound of dirt that was on the east side of Trenton Lane that they believe caused problems with the drainage into the pond, and this has been removed. He stated they would try to solve the grading issue in the boulevards. Councilmember Stein asked if the drainage from the units that are fronting Trenton Lane could drain into the pond on the east side of Trenton Lane. Public Works Director Faulkner replied rebuilding of existing storm sewers would be necessary as it would be very difficult to divert the drainage to a different direction. Councilmember Neset stated the proposed development meets all subdivision regulations, Zoning Ordinance, and Comprehensive Plan requirements. He stated the density levels could be a lot higher than what is proposed. Motion was made by Councilmember Neset, and seconded by Councilmember Hewitt, to adopt an Ordinance Amending Chapter 21 of the City Code to Classify Certain Land located East of Trenton lane and South Bass Lake Road (2003004 — Ord2003-10), Resolution Approving Findings of Fact for the Rezoning of Property located East of Trenton lane and South of Bass Lake Road (2001004 — Res2003-206), Resolution Approving a Preliminary Plat for Lifestyle Properties, Inc. for "Bass Lake Villas," an 18 -Unit Residential Development to be located East of Trenton Lane and South of Bass Lake Road (2001004 — Res2003-207), and a Resolution Approving a Site Plan and Variance for Lifestyle Properties, Inc. for Construction of "Bass Lake Villas," an 11 -Unit Townhouse Development located East of Trenton Lane and South of Bass lake Road (2001004 — Res2003-208). Mayor Johnson stated she supports the proposed detached units, but she would prefer a transition between those units and the adjacent development. In addition, she requested that the drainage issue be resolved with the pond in Harrison Hill to request the County to advance the placement of a stoplight at Bass Lake Road and Trenton Lane. Community Development Director Hurlburt noted that the City doesn't require landscaping for single-family developments. If the Council desires the planting of evergreens to serve as a buffer, that would need to be a condition of the Preliminary Plat approval. Motion was made by Councilmember Hewitt, and seconded by Councilmember Slavik, to amend the main motion to amend the Resolution Approving the Preliminary Plat to add a condition that mature evergreen trees be planted for buffering on the southern part of the development. With all members voting in favor, the motion carried. Councilmember Slavik asked if the pond maintenance agreement would be in conjunction with Harrison Place's pond agreement. Public Works Director Faulkner replied the City Attorney would review this. Adopted Council Minutes Regular Meeting of April 22, 2003 Page 12 of 15 Councilmember Slavik asked if the proposed development would pay an equal portion for pond maintenance that Harrison Place pays. Public Works Director Faulkner replied that would also need to be reviewed, but it would probably be based on the drainage area. These concerns would be worked out prior to Final Plat approval. There being no further discussion and with all members voting in favor, the motion carried. The Council took a 10 -minute break. Motion was made by Mayor Johnson, and seconded by Councilmember Black, to suspend the rules in order to discuss item No. 9.1. With all members voting in favor, the motion carried. 9.1) Weed Ordinance Park and Recreation Director Blank reported at the February 25 Study Session, the Council directed staff to review the City's weed ordinance and present suggestions for improving the City's weed cutting program. He stated the following are suggestions that the staff is recommending: 1. Staff would send a proactive letter to property owners who had weeds cut the previous year reminding them of the weed ordinance and encouraging them to take care of their properties. 2. City would increase its fee from $80 to $150 for conducting each weed eradication issue. 3. Property owners would be charged with a petty misdemeanor upon any third consecutive notice for failure to cut weeds. 4. City would shorten the time frame to have weeds removed from 15 days to 10 days. 5. Staff would provide examples of hardships that could be given an exemption to the weed ordinance. The exemption would only be granted for the height exemption and not for the State law addressing noxious weeds. Councilmember Hewitt asked with these new regulations, would the City be able to comply with maintenance of City properties. Park and Recreation Director Blank replied yes. Mayor Johnson asked if staff considered changing the eight -inch height requirement before the property owner is notified. Park and Recreation Director Blank replied that height is a standard in checking with other communities. Motion was made by Mayor Johnson, and seconded by Councilmember Slavik, to direct staff to Prepare an Ordinance for a future Council meeting incorporating the above suggestions. Larry Kelner, 4750 Orleans Lane, stated this issue is very important, and he commended staff for recommending stricter regulations. He especially voiced his support for the petty misdemeanor suggestion. He stated the purpose of this suggestion would be to give property owners an incentive to mow their lawns, not to penalize them. Adopted Council Minutes Regular Meeting of April 22, 2003 Page 13 of 15 Councilmember Bildsoe stated he is somewhat uncomfortable with the petty misdemeanor provision. City Manager Johnson stated the petty misdemeanor provision would be one method without the assessment process. There being no further discussion and with all members voting in favor, the motion carried. 8.2) Appointment of At Large Representative on the Aquatic Vegetation Management Group Councilmember Stein stated the Aquatic Vegetation Management Group would be meeting during the day. Therefore, he suggested that this item be tabled in order that staff could contact the applicants to determine if they could attend daytime meetings. Mayor Johnson presented a proposed resolution amending Resolution No. 2003-157 that established the Aquatic Vegetation Management Group, which would allow the Council to appoint two at large members to this group who own property on Medicine Lake rather than one member. Councilmember Stein stated since everyone in the City enjoys the use of the lake, he feels that the At Large representative(s) don't necessary have to own property on the lake. Motion was made by Mayor Johnson, and seconded by Councilmember Slavik, to adopt a Resolution Amending Resolution No. 2003-157 (Res2003-209), which would allow for two At Large representatives on this committee who own property on the lake. Councilmember Black agreed with Councilmember Stein that it isn't necessary for the At Large representatives to own property on the lake. She recommended that only one of the At Large representatives owns property on the lake. Motion was made by Councilmember Black, and seconded by Councilmember Stein, to amend the main motion to add item No. 10, which would allow for an At Large member who is a resident of the City, and to reword the Whereas clause of the Resolution to state, "it is the desire of the City Council to appoint one At -Large member who doesn't own property on Medicine Lake to the Aquatic Vegetation Management Group." Mayor Johnson requested a friendly amendment to the amendment that item No. 9 of the Resolution state that the At Large member must be a resident of the City. This was accepted by Councilmembers Black and Stein. The Council voted on the amendment, and with all members voting in favor, the motion carried. Motion was made by Councilmember Stein, and seconded by Councilmember Hewitt, to amend the main motion to delete item No. 10 and reword item No. 9 to state "Two At Large members who are residents of the Citv." Adopted Council Minutes Regular Meeting of April 22, 2003 Page 14 of 15 Councilmember Stein stated all residents are paying the surface water management fee, and there are a lot funds being spent on Medicine Lake to improve the lake. Therefore, he feels the general population should have the opportunity to be represented. Mayor Johnson stated she wouldn't support the motion as she feels it's important to have one resident who owns property on this lake to serve on the committee as the Aquatic Vegetation Management Plan would directly affect what occurs with the lake. Councilmember Slavik stated she would support the motion as everyone who is a user of the lake would be impacted with the proposed no wake zones. She also reminded the Council that this is an advisory group to the Council, and the Council would make the final determinations. Mayor Johnson noted that with the issue of the no wake zones, there would be an opportunity for comments during the public hearing. Councilmember Stein stated that residents, who own property on the lake that may have concerns, could contact an AMLAC member, as that association would have representation on this committee. There being no further discussion, the Council voted on the amendment. With all members voting in favor but Bildsoe and Johnson, the motion carried. Councilmember Black stated the Council would still have the flexibility on who they appoint for the At Large positions, whether they live on or off the lake. Mayor Johnson requested that when staff contacts the applicants to see if they could attend daytime meetings, staff also ask the applicants what their interest is with the lake. Councilmember Black requested that in the future, for any openings on the watershed commissions or this advisory group, there be a different application form that is used rather than the normal board and commission form so that questions are more tailored to those types of commissions. The Council voted on the amended main motion and with all members voting in favor, the motion carried. 83) Appointment of Alternate Director to Shingle Creek Water Management Organization Motion was made by Councilmember Bildsoe, and seconded by Councilmember Neset, to adopt a Resolution Appointing Thomas Griffith to the Shingle Creek Watershed Management Commission (Res2003-210). With all members voting in favor, the motion carried. Reports and Staff Recommendations Adopted Council Minutes Regular Meeting of April 22, 2003 Page 15 of 15 9.2) Legislative Update City Manager Johnson briefly commented on the proposed local government aid cuts and the impact to transit funding. 9.3) Citizens Academy Councilmember Slavik stated the Police Department's Citizens Academy is always held on Tuesday evenings which makes it unlikely that Councilmembers could participate. Therefore, she asked if any of the Councilmembers would be interested in a mini Citizens Academy just for the Council to be conducted sometime early 2004. The majority of the Council stated they would be interested. 9.4) Update on Skatepark Park and Recreation Director Blank reported that Pilgrim United Methodist Church has chosen not to enter into a lease agreement for the proposed skatepark. Adiournment Mayor Johnson adjourned the meeting at 11:15 p.m. S . dra R. Paulson, City Clerk