HomeMy WebLinkAboutCity Council Minutes 11-25-2003Adopted Minutes
Regular Council Meeting
November 25, 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 November 25, 2003.
COUNCIL PRESENT: Mayor Johnson, Councilmembers Black, Stein, Slavik, Hewitt, and
Neset.
ABSENT: Councilmember Bildsoe.
STAFF PRESENT: Interim City Manager Ahrens, Fire Chief Kline, Community Development
Director Hurlburt, Park and Recreation Director Blank, Finance Manager Jacobson, Finance
Director Hahn, Public Works Director Faulkner, Captain Goldstein, City Attorney Knutson, and
City Clerk Paulson.
Plymouth Forum
Trygve Svard, 12075 481h Avenue North, voiced his support for item No. 6.06, and stated that in
the future he would like to have a discussion with the Council for similar opportunities near the
City Center.
Presentations and Public Information Announcements
4.01) Transfer of Ownership of Hilde Performance Center from Plymouth Civic League
to City of Plymouth
Barbara Willis, President of the Plymouth Civic League, presented the transfer of ownership for
the Hilde Performance Center from the Plymouth Civic League to the City of Plymouth.
Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to adopt a
Resolution Approving Agreement for the Transfer of the Hilde Performance Center (Res2003-
522). With all members voting in favor, the motion carried.
4.02) Presentation of National Gold Medal Finalist Award for Park and Recreation
Department
Park and Recreation Director Blank stated the City's Park and Recreation Department was
selected as one of four national finalists for the National Gold Medal Award. He then illustrated
a video highlighting the City's park facilities that they submitted as part of their application. The
Council extended their congratulations to staff.
Adopted Council Minutes
Regular Meeting of November 25, 2003
Page 2 of 9
4.03) Report on Housing Challenge
Mayor Johnson reported on the Mayor's Housing Challenge held on November 21-22. She
stated approximately $7,700 was raised to assist in affordable housing. She thanked everyone
for their support.
Approval of Agenda
Motion was made by Councilmember Black, and seconded by Councilmember Stein, to approve
the agenda.
A friendly amendment was made to the motion to remove item No. 6.23 from the agenda. The
amendment was accepted.
There being no further discussion and with all members voting in favor, the motion carried.
Consent Agenda
Councilmember Black requested to remove item No's. 6.09, 6. 10, and 6.25. These items became
8.4, 8.5, and 8.6 respectively under General Business.
Councilmember Slavik requested to remove item No. 6.06, and it was placed as item No. 8.7
under General Business.
Motion was made by Councilmember Slavik, and seconded by Councilmember Stein, to approve
the amended Consent Agenda, which included the following items:
6.01) Minutes from the Regular Meetings of October 28 and November 10.
6.02) Resolution Approving Disbursements for the Period ending November 14, 2003
Res2003-523).
6.03) Resolution Approving Comments on Metropolitan Council 2030 Regional Development
Framework (Res2003-524).
6.04) Resolution Approving Final Plat and Development Contract for "Carlson Terrace" for
Wilson Management for Property located at the Northeast Corner of the Intersection of Harbor
Lane North and Carlson Parkway North (2002087F — Res2003-525), and Resolution Adopting
Assessments for Watermain Area for Carlson Terrace Addition (3136 — Res2003-526).
Adopted Council Minutes
Regular Meeting of November 25, 2003
Page 3 of 9
6.05) Resolution Approving a Site Plan Amendment for HCM Architects for Property located
at 5905 Nathan Lane North (2003110 — Res2003-527).
6.06) (This item was removed and placed under General Business as item No. 8.7).
6.07) Resolution Approving Conditional Use Permit for RJM Construction for Property located
at 5455 State Highway 169 (2003103 — Res2003-528).
6.08) Resolution Approving Conditional Use Permit for Sentinel Property Management for
Parkers Lake Pointe I located at 14405 21" Avenue North (2003111 — Res2003-529), Resolution
Approving Conditional Use Permit for Sentinel Property Management for Parkers Lake Pointe 1I
located at 14505 21" Avenue North (2003112 — Res2003-530), and Resolution Approving
Conditional Use Permit for Sentinel Property Management for Parkers Lake Pointe III located at
14305 21" Avenue North (2003113 — Res2003-531).
6.09) (This item was removed and placed under General Business as item No. 8.4).
6.10) (This item was removed and placed under General Business as item No. 8.5).
6.11) Resolution Authorizing the City to Enter into a Contract with Malloy, Montague,
Karnowski, Radosevich & Company, for 2003, 2004, 2005 Auditing Services (Res2003-532).
6.12) Resolution Requesting Payment No. 8 and Final Reserve Transit Station (1032 —
Res2003-533).
6.13) Resolution Awarding Contract for 15th Avenue Storm Sewer Project (3130 — Res2003-
534).
6.14) Resolution Receiving Preliminary Engineering Report and Order Plans and Specifications
for Trunk Watermain Improvements for Larch Lane to Pineview Lane and Lancaster Lane to
Well No. 11 (3124 — Res2003-535).
6.15) Resolution Authorizing "No Parking" Restriction on the South Side of 10th Avenue, East
of Xenium Lane (County Road 61) (Res2003-536).
6.16) Resolution Authorizing "No Parking" Restriction on 35th Avenue for West of Plymouth
Boulevard (Res2003-537).
6.17) Resolution Authorizing "No Parking" Restriction on Trenton Lane North of Bass Lake
Road (Res2003-538).
6.18) Resolution Ap roving Installation of Stop Signs for Northbound and Southbound
Comstock Lane at 29' Avenue (Res2003-539).
Adopted Council Minutes
Regular Meeting of November 25, 2003
Page 4 of 9
6.19) Resolution Approving Plymouth Environmental Quality Committee's Request to expand
the Charge of the Medicine Lake Watershed Subcommittee (Res2003-540).
6.20.1) Resolution Authorizing the Mayor to Sign the Certificate of Exemption Form for the
Wetland Conservation Act for Mohsen Sadeghi Property (Res2003-541).
6.20.2) Resolution Authorizing the Mayor to Sign the Certificate of Exemption Form for the
Wetland Conservation Act for Jack Day Property (Res2003-542).
6.21.1) Resolution Reducing Required Financial Guarantee for the Reserve Second Addition
2002054 — Res2003-543).
6.21.2) Resolution Reducing Required Financial Guarantee for Wellswood Court (2001076 —
Res2003-544).
6.22.1) Resolution Approving Final Release of Financial Guarantee for Conor Meadows Plat
Two (96150 — Res2003-545).
6.22.2) Resolution Approving Final Release of Financial Guarantee for Plum Tree 3`d Addition
97034 — Res2003-546).
6.22.3) Resolution Approving Final Release of Financial Guarantee for Plymouth Oaks
Addition (93078 — Res2003-547).
6.22.4) Resolution Approving Final Release of Financial Guarantee for Plum Tree 4"' Addition
98019 — Res2003-548).
6.23) (This item was removed from the agenda)
6.24) Resolution Establishing Regular City Council Meetings for 2004 (Res2003-549).
6.25) (This item was removed and placed under General Business as item No. 8.6).
6.26) Ordinance Amending Section 720.17 of the Plymouth City Code, Adopting Revised
Water Utility Fees (Ord2003-33).
6.27) Ordinance Amending Section 715.05 of the Plymouth City Code Adopting Revised
Sanitary Sewer Fees (Ord2003-34).
Councilmember Black complimented staff on item No. 6.03.
She requested that for item No. 6.14, there be an informational meeting for the residents. Public
Works Director Faulkner stated the plans are proposed to be completed in February and
forwarded to the Council for their review.
Adopted Council Minutes
Regular Meeting of November 25, 2003
Page 5 of 9
The motion carried to approve the Consent Agenda.
Public Hearings
7.1) Vacation of Drainage and Utility Easement in Lot 1, Block 1, Annick Acres
Public Works Director Faulkner reported on the request of Pat Cruikshank of Bridgeport Hill,
LLC to vacate the drainage and utility easement within Lot 1, Block 1, of Annick Acres. He
stated this property is being replatted as Bridgeport Addition. The easements requested to be
vacated would be replaced with the filing of the Final Plat of Bridgeport Addition.
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 Stein, to adopt a
Resolution Authorizing the Vacation of a Drainage and Utility Easement within Lot 1, Block 1,
Annick Acres (Res2003-550). With all members voting in favor, the motion carried.
General Business
8.1) Award Sale of 2004 Street Reconstruction Bonds and Open Space Refunding Bonds
Finance Director Hahn reported on the results of the sale of $2,895,000 general obligation
improvement bonds and $1,365,000 general obligation open space refunding bonds.
Motion was made by Councilmember Slavik, and seconded by Councilmember Stein, to adopt a
Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and
Providing for the Payment of $2,895,000 General Obligation Improvement Bonds, Series 2003C
Res2003-551) and a Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and
Details and Providing for the Payment of $1,365,000 General Obligation Open Space Refunding
Bonds, Series 2003D (Res2003-552). With all members voting in favor, the motion carried.
8.2) Consideration of Site Plan, Preliminary Plat, and Variances for "The Woods at
Medicine Lake" located east of South Shore Drive and North of 11th Avenue North (Quest
Real Estate, Inc. — 2003089)
Community Development Director Hurlburt illustrated the revised Site Plan for "The Woods at
Medicine Lake," A 26 -unit townhouse development to be located east of South Shore Drive and
approximately 200 feet north of 11th Avenue. She explained at the October 28 Council Meeting,
Adopted Council Minutes
Regular Meeting of November 25, 2003
Page 6 of 9
the Council expressed concerns to the applicant on the number of units and the limited amount of
guest parking. She stated the applicant revised the plans by removing six units and including a
total of 10 guest parking spaces. The reduction in the number of units affected the design of the
buildings, so the units would now be two-level and wider than with the previous design. She
stated the density would still be consistent with the City's Comprehensive Plan.
Councilmember Stein asked if there are any concerns relative to emergency vehicle access.
Community Development Director Hurlburt replied there would be the ability for the vehicles to
back up and turn around at the end of the driveways. She added that there would be firelanes and
the buildings would be sprinklered.
Jim Waters from Quest Development, Inc. thanked the Council for the opportunity to revise the
plans as requested. He stated they believe the revised plans are a better project for this property.
Councilmember Stein suggested to Mr. Waters that in their sales literature, they include language
about the private drive, and they are responsible for the maintenance.
Motion was made by Councilmember Stein, and seconded by Councilmember Black, to adont a
Resolution Approving a Preliminary Plat for Quest Real Estate, Inc. for "Woods at Medicine
Lake," a 26 -Unit Residential Development to be located East of South Shore Drive and 200 feet
north of l lm Avenue North (2003089 — Res2003-553), and a Resolution Approving a Site Plan
and Variances for Quest Real Estate, Inc. for Construction of the "Woods at Medicine Lake," a
26 -Unit Townhouse Development located East of South Shore Drive and 200 feet North of 11 th
Avenue North (2003089 — Res2003-554). With all members voting in favor, the motion carried.
8.3.1) Consideration of Revised Preliminary Water Resources Budget for 2004
Finance Director Hahn discussed a revised preliminary water resources budget for 2004.
Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to accept
the revised preliminary water resources budget for 2004. With all members voting in favor, the
motion carried.
8.3.2) Consideration of Revised Surface Water Fee
Finance Director Hahn discussed a proposed five percent water resources rate increase effective
January 1, 2004. He stated the revised preliminary water resources budget for 2004 assumed a
five percent rate increase in 2004. The cashflow analysis of the fund illustrated that this was
necessary to adequately fund the water resources fund's current obligations, which does not
include pond cleaning. If the Council were to approve a plan for pond cleaning, it would likely
require an additional rate increase, above the five percent proposed, or at least 10 percent. He
stated if the Council desires to address pond cleaning in the next few months, it might be
advisable to wait and increase rates only once to cover pond cleaning.
Adopted Council Minutes
Regular Meeting of November 25, 2003
Page 7 of 9
Motion was made by Councilmember Black, and seconded by Councilmember Neset, to
postpone this item until a Special Meeting could be scheduled in January to address of the issue
of whether the City should be responsible for pond cleaning.
Councilmember Slavik acknowledged the importance of maintaining the ponds; however, she
doesn't support the City being responsible. She noted there are agreements in place with the
homeowners associations to clean the ponds. She stated she doesn't support general tax dollars
being used for pond cleaning.
Mayor Johnson stated she supports the City being responsible for pond maintenance. She
acknowledged that there are agreements with the homeowners associations, but many times there
aren't funds set aside through the association dues for that purpose. She believes this is an equity
issue for all neighborhoods so all ponds are maintained at an acceptable level. She
recommended this be discussed again by the Council, and all homeowners associations would be
notified of the meeting.
Councilmember Hewitt stated she is concerned about future costs of the City being responsible
for pond maintenance (would it be contracted and/or would there be City staff).
Councilmember Stein stated he would be willing to discuss this issue one more time, but he
doesn't necessarily support raising the surface water management fee for the cleaning of ponds.
A friendly amendment was made to the motion to conduct the Study Session on January 13 at
5:00 p.m.
Councilmember Slavik requested that this meeting be publicized to all citizens rather than just
the Homeowners associations.
Mayor Johnson requested that this meeting be publicized in the next edition of the City's
newsletter.
Councilmember Black noted currently the Council has only been discussing constructed storm
water ponds. However, on the east side of the City there are a lot of non -constructed storm water
ponds that also need to be addressed.
There being no further discussion and with all members voting in favor but Slavik, the amended
motion carried.
8.4) Resolution Approving Amended and Restated Joint Powers Agreement Establishing
the Elm Creek Watershed Management Commission
Councilmember Black stated there is no end date when this agreement would expire. The City
could withdraw from the agreement within 60 days after giving notice. She stated she is
uncomfortable with an agreement that doesn't have an expiration date.
Adopted Council Minutes
Regular Meeting of November 25, 2003
Page 8 of 9
City Attorney Knutson agreed that the City could only withdraw from the agreement by giving a
60 day notice. He stated the City cannot be forced to sign the agreement, and the only way to
renegotiate the agreement is to threaten to withdraw unless the agreement is renegotiated.
Motion was made by Councilmember Stein, and seconded by Councilmember Hewitt, to adopt a
Resolution Approving Amended and Restated Joint Powers Agreement Establishing the Elm
Creek Watershed Management Commission (Res2003-555). With all members voting in favor
but Black, the motion carried.
8.5) Resolution Appointing Construction Manager for Ice Center Project
Councilmember Black requested to add the following language to Article 2.2.1 of the agreement,
the construction manager will be familiar with lead and applied lead principles as directed by
the architect and agreed to by the project team". She stated many times there are materials that
are specified that a construction manager isn't familiar with, so they will use another material
that they are familiar with. She stated she wants the construction manager to be familiar with the
specifications so the same materials are used that are requested by the architect.
Motion was made by Councilmember Black, and seconded by Mayor Johnson, to adopt a
Resolution Appointing Construction Manager for Ice Center Proiect (Res2003-556,) with the
addition of the requested language noted above.
Councilmember Slavik stated she is concerned about costs, and she wouldn't want the
construction manager to be tied to anything that's above and beyond.
Park and Recreation Director Blank stated as the project is developed, there needs to be a
balance of "off the shelf product" versus recycling product.
There being no further discussion and with all members voting in favor, the motion carried.
8.6) Consideration of 2004 Park Rental Policies and Fees
Councilmember Black stated there is a rate for Plymouth non-profit groups for rental of the
Hilde Performance Center. She asked if the City could be opening this up to activities that may
not be conducive. Park and Recreation Director Blank replied staff regulates the groups, and
there are specific guidelines that they need to follow. He stated last year there were 13
performances, and of those performances, only two were non -profits. Staff hasn't noticed
anything at this time that would indicate that the City is attracting events that it should be
concerned with.
Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adopt a
Resolution Adopting 2004 Park Rental Policies and Fees (Res2003-557). With all members
voting in favor, the motion carried.
Adopted Council Minutes
Regular Meeting of November 25, 2003
Page 9 of 9
8.7) Ordinance Amending the Text of Chapter 21 of the Plymouth City Code, Entitled the
Plymouth Zoning Ordinance and a Resolution Approving Findings of Fact for Zoning
Ordinance Text Amendment to Address Helicopter Landings and Take -Offs (2003090)
Motion was made by Councilmember Slavik, and seconded by Mayor Johnson, to adopt an
Ordinance Amending the Text of Chapter 21 of the City Code regarding Helicopter Landings
and Takeoffs (Ord2003-35) with an amendment to include a 750' setback from residential areas,
and a Resolution Approving Findings of Fact for Zoning Ordinance Text Amendment to Address
Helicopter Landings and Take -Offs (2003090 — Res2003-558). With all members voting in
favor, the motion carried.
Reports and Staff Recommendations
There were no Reports and Staff Recommendations.)
Adiournment
Mayor Johnson declared the meeting adjourned at 8:35 p.m.
Sandra R. Paulson, City Clerk