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.
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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).
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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