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HomeMy WebLinkAboutCity Council Minutes 06-11-2002Adopted Minutes Regular Council Meeting June 11, 2002 A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on June 11, 2002. COUNCIL PRESENT: Mayor Tierney, Councilmembers Johnson, Hewitt, Harstad, Black, Slavik, and Stein. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Fire Chief Kline, Finance Director Hahn, Community Development Director Hurlburt, Park and Recreation Director Blank, Police Chief Gerdes, Public Works Director Faulkner, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum No one was present to address the Council). Presentations and Public Information Announcements 4.01) Music in Plymouth 5k Run (June 29) and Music in Plymouth (July 2) Barbara Willis, President of Plymouth Civic League reported on this year's 5k run and Music in Plymouth. She reported on all the various activities that would be occurring at Music in Plymouth as well as the dedication of the Hilde Performance Center. Kris St. Martin reported on the cost of the festival, and he thanked the City for their $25,000 contribution in addition to the assistance from the Police, Fire, and Park and Recreation departments. Melanie Willis reported on the 5k fun ran/walk on June 29, and she thanked Lunds of Plymouth for being their sponsor. Jim Willis, stated on behalf of Jane and Al Hilde, they would like to thank for the Council for their enormous support in constructing the Hilde Performance Center. In addition, he thanked staff for their assistance. 4.02) Oath of Office to Firefighters Adopted Council Minutes Regular Meeting of June 11, 2002 Page 2 of 14 Fire Chief Kline introduced firefighters Brad Couser, Joseph Fields, Greg Gentz, Ann Korsmo, and Eric Sjaarda, and City Clerk Paulson administered the oath of office. District Chiefs Luth and Elliott presented the badges to the firefighters. 4.03) Announcement of State Human Rights Commission Essay Contest Winner Councilmember Hewitt reported that Chad Schwarze placed second in the State Human Rights Essay Contest. 4.04) Dedication of Skate Park Facility Park and Recreation Director Blank reported that the dedication of the new skate park facility would occur on June 12 at 4:00 p.m. Approval of Agenda Councilmember Harstad requested to add a discussion on dandelions as item No. 9.3 under Reports and Staff Recommendations. Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to approve the amended agenda. With all members voting in favor, the motion carried. Consent Agenda Mayor Tierney asked if there were any additions, corrections, or deletions to be made to the Consent Agenda. Councilmember Black requested to remove item No. 6.14 and place it under General Business as item No. 8.3. Councilmember Stein requested to remove item No. 6.12 and place it under General Business as item No. 8.4. Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to approve the amended Consent Agenda which included the followingitems: ems: 6.01) Special Council Meeting Minutes of May 21 and June 4. 6.02) Resolution Approving Disbursements for the Period ending May 31, 2002 (Res2002- 259). 6.03) Resolution Approving Environmental Playground Play Equipment (Res2002-260) Adopted Council Minutes Regular Meeting of June 11, 2002 Page 3 of 14 6.04) Resolution Approving Highway 55 Corridor Coalition Joint Powers Agreement, Appointing Members and Authorizing Payment of Dues for 2002 (Res2002-261). 6.05) Resolution Approving a PUD Amendment to Allow Three Classrooms in a Planned Dormitory Building at the Association Free Lutheran Bible College for Property located at 3120 East Medicine Lake Boulevard (2002050 — Res2002-262), Ordinance Amending Chapter 21 of the City Code to amend the Association Free Lutheran Bible College PUD for Property located at 3120 East Medicine Lake Boulevard (2002050 — Ord2002-22), and a Resolution Approving Findings of Fact for amending the Zoning Ordinance Text for the Association Free Lutheran Bible College for Property located at 3120 East Medicine Lake Boulevard (2002050 — Res2002- 263). 6.06) Resolution Authorizing the City Manager and Police Chief to enter into an Agreement with the Federal Government for participation in the Federal Equitable Sharing Program Res2002-264). 6.07) Resolution Confirming Appointment of Deputy Clerks (Res2002-265). 6.08) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Highway 55/Old Rockford Road Area Utility Improvements (1033 — Res2002-266). 6.09) Resolution Designating SRF Consulting Group as Consultant for Design and Construction Engineering Services and Authorize the Preparation of Plans and Specifications for Schmidt Lake Road from Dunkirk Lane to Comstock Lane and Bridge over Chicago Pacific Railroad (2021— Res2002-267). 6.10) Resolution Approving the Preliminary Design and Authorizing the Preparation of Plans and Specifications for Peony Lane/Old Rockford Road Intersection Improvements (2009 — Res2002-268). 6.11) Resolution Awarding Bid for Well No. 6 Maintenance Project (Res2002-269). 6.12) (This item was placed under General Business as item No. 8.4). 6.13) Resolution Approving Installation of Stop Signs at Various Locations (Res2002-270). 6.14) (This item was placed under General Business as item No. 8.3). 6.15) Resolution Authorizing "No Parking" Restriction on the North Side of 37th Avenue between Plymouth Boulevard and the Towne Square Apartment West Driveway (Res2002-271). 6.16) Resolution Supporting Combined Hennepin County and Logis Dispatch and Records Management System (Res2002-272). Adopted Council Minutes Regular Meeting of June 11, 2002 Page 4 of 14 6.17) Adopt Concept Plan for the Public Safety Building parking lot improvement and authorize the receiving of quotes for the construction of the improvements. 6.18.1) Resolution Reducing Required Financial Guarantee for the Village at Bassett Creek 97080 — Res2002-273). 6.18.2) Resolution Reducing Required Financial Guarantee for Cornerstone Commons Addition (98094 — Res2002-274). 6.19) Resolution Amending Policy relating to Selection of Consultants (Res2002-275). 6.20) Resolution Reimbursing Developer for Construction of Sanitary Sewer and Trunk Watermain for Peony Promenade (20004 — Res2002-276). 6.21) Resolution Authorizing the Mayor and City Manager to enter into Service Agreements with Social Service Agencies for 2002 — Res2002-277). 6.22) Resolution Approving Gasoline Service Station License for Fleming Companies, Inc., d/b/a Rainbow Foods #58, 4190 Vinewood Lane (Res2002-278). 6.23) Resolution Extending Review Period on the Proposed New Rules for Minnehaha Creek Watershed District (Res2002-279). Councilmember Johnson requested a minor correction to page 5 of the Special Meeting minutes of May 21. Councilmember Hewitt thanked staff for the proposed "no parking" signage as that would address the concerns from the residents at Towne Square (item No. 6.15). Councilmember Harstad asked if the City is permitted to design build projects. City Attorney Knutson replied no. Councilmember Slavik stated regarding item No. 6.04, she is concerned about the City being involved in another coalition. She noted that the contribution is $1,000, but she would be very reluctant to increase that amount in the future, especially since this coalition effort involves a small portion of the City. Mayor Tierney added she is concerned about the amount of staff time that would be committed to this coalition. Community Development Director Hurlburt stated this coalition wouldn't be a huge burden for local officials or staff involvement. She stated this is a long range planning process, and every community from Plymouth to Annandale is being asked to participate. She stated the City needs Adopted Council Minutes Regular Meeting of June 11, 2002 Page 5 of 14 to be involved in order to assure that any urban/transit concerns that Plymouth would have stay on the forefront. There being no further discussion, the motion carried to approve the Consent Agenda. Public Hearings There were no public hearings scheduled). General Business 8.1) Consideration of Lot Division and Variances to Create to Lots on Property Currently Addressed as 11209 Sunset Trail (Joseph & Barbara Cavanaugh — 2001109) Community Development Director Hurlburt reported on the request of Joseph and Barbara Cavanaugh for a lot division to divide a 28,742 square foot lot at 11209 Sunset Trail into two 14,370 square foot lots for single-family homes. She stated one Variance per new lot is also requested to allow the creation of lots with less than 18,500 square feet in area as required in the RSF-1 District. She illustrated the site and explained there is an existing home located on the lot to the east side. She also illustrated a variety of lot sizes in this neighborhood as well as a mix of housing setbacks and styles. She stated the Planning Commission determined there was no hardship and recommended denial of the request. The commission felt that by allowing additional smaller lots, it would change the character of the neighborhood. They also recommended that Variances to reduce lot sizes in RSF-1 Districts be considered on an area wide basis rather than -case-by-case basis. Joseph Cavanaugh Sr., 3220 Niagara Lane, stated he has contacted the property owner to the south to see if he could acquire some of the green space between the lots, but that property owner has refused to sell any portion of that space. He explained when he purchased this lot, his goal was to split the lot, construct another home so that two of his children could reside there. He stated they would renovate the existing house. He illustrated that there are utilities available and a curbcut for the additional house. Joseph Cavanaugh Jr., 3220 Niagara Lane, mentioned the large right-of-way around the lot. He stated other lots in the area that have 11,890 square feet and 13,029 square feet have smaller boulevards than their lot. Gracia Cavanaugh, 3220 Niagara Lane, stated she has had difficulty in locating affordable housing in the City, and approval of the lot division and Variances would assist in providing affordable housing. Adopted Council Minutes Regular Meeting of June 11, 2002 Page 6 of 14 Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to direct staff to prepare a Resolution with findings of fact that would be consistent with approval for the June 25 meeting. Mayor Tierney stated she would support the motion. This lot division would not adversely affect the neighbors. Councilmember Harstad and Slavik stated they would also support this motion. There being no further discussion and with all members voting in favor, the motion carried. Councilmember Harstad asked if the Council should be reviewing whether to reduce the lot sizes for older neighborhoods on a case-by-case basis. Mayor Tierney stated the Council previously decided that this would be discussed on a case-by- case basis. She noted that the majority of the new developments do have homes being constructed on smaller lots. 8.2) Consideration of Zoning Ordinance Text Amendment to Provide a Definition for Accessory Dwelling Units and Allow Accessory Dwelling Units on Certain Single -Family Lots Approved after June 1, 2001, with an Administrative Permit (2002006) Community Development Director Hurlburt reported on a proposed Zoning Ordinance Text amendment to provide a definition for accessory dwelling units and to allow the units on certain single-family lots with an administrative permit. She stated draft regulations pertaining to accessory dwelling units were originally presented to the Council on January 22, 2002 as part of the annual update to the Zoning Ordinance. The draft regulations presented at that time would have allowed accessory dwelling units on all single-family lots upon issuance of an administrative permit. The Council decided to remove all language pertaining to accessory dwelling units from the annual update to allow for more in-depth review and discussion of the proposed Ordinance. The Council also expressed that a public review process should be required if accessory dwelling units were to be allowed within established neighborhoods. She stated the Planning Commission conducted a public hearing on February 20, 2002 and recommended that accessory dwelling units be allowed on all single-family lots upon issuance of a Conditional Use Permit which would allow a process for public input. She noted that on April 16, 2002, the Council conducted a Study Session to review the proposed Ordinance. Councilmembers expressed differing thoughts as to whether accessory dwelling units should require a Conditional Use Permit or an administrative permit, but by the end of the meeting there appeared to be a general consensus that they could be allowed by an administrative permit if limited to newer developments. Staff has revised the proposed Ordinance, and it would allow accessory dwelling units within residential subdivisions that have received preliminary plat approval on June 1, 2001. The Ordinance would also require the subdivision to include 10 or Adopted Council Minutes 1 Regular Meeting of June 11, 2002 Page 7 of 14 more single-family lots and would limit accessory dwelling units to the RSF-1, RSF-2, and PUD Zoning Districts. She noted that the preliminary plat for the Seven Greens PUD was approved on June 26, 2001 and contains 70 single-family lots. Therefore, owners of single-family lots in this development would be eligible to apply for an administrative permit under the proposed Ordinance. She stated the definition of an accessory dwelling unit is a self-contained dwelling unit having kitchen and bathroom facilities, and which designed as a second separate dwelling unit that is clearly incidental and subordinate to the principal use of a lot as a single-family detached residence. Listed below are the conditions for accessory dwelling units: 1. There can only be one accessory dwelling unit per single-family detached lot. 2. The accessory dwelling unit would need to be constructed above an attached or detached garage. 3. The accessory dwelling unit would need to comply with the setbacks as for the living portion of the principal dwelling. 4. The floor area could not exceed the principal dwelling unit up to 1,000 square feet. 5. The property owner would need to reside in one of the units. 6. There would need to be a rental license for the accessory dwelling unit. 7. There would be no separate ownership of the accessory dwelling unit. 8. The accessory dwelling unit's architectural design would need to be compatible with the principal dwelling. 9. Two on-site parking spaces would be required for the accessory dwelling unit. 10. There would be a separate and marked address for the accessory dwelling unit. 11. The accessory'dwelling unit would need to comply with other Building/City Code requirements. 12. The accessory dwelling unit would need to be connected to municipal sewer and water. Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to adopt an Ordinance Amending the Text of Chapter 21 of the Plymouth City Code, Entitled the Plymouth Zoning Ordinance (2002006), and a Resolution Approving Findings of Fact for Zoning Ordinance Text Amendment to allow Accessory Dwelline Units on Certain Single - Family Residential Lots (2002006). Councilmember Black stated the Council's previous concerns have been addressed with the proposed Ordinance, and this type of use would assist in providing affordable housing. Councilmember Stein stated he is concerned about allowing this type of use on a detached garage. Motion was made by Councilmember Stein, and seconded by Councilmember Johnson, to amend the main motion to remove the "detached garage" language contained in Section 21190.04, Subd. 2(a) of the proposed Ordinance. Adopted Council Minutes 1 Regular Meeting of June 11, 2002 Page 8 of 14 Councilmember Stein stated the maximum square footage of the accessory dwelling unit could be 1,000 square feet, and if a property owner had a 1,000 square foot detached garage, this type of structure could essentially be larger than the principal dwelling unit. Community Development Director Hurlburt discouraged the Council from eliminating these units on detached garages, as this type of use would allow for a carriage house design. She stated some of the more attractive uses for accessory dwelling units were with detached garages. Councilmember Johnson stated that she could be concerned if a property owner constructs a detached garage after the home is built, and then an accessory dwelling unit is constructed on top of the garage. She would be very concerned about the design of the structure. Community Development Director Hurlburt stated there could be the similar problem with an attached garage that is added after the home is constructed. She stated an attached garage doesn't have to be constructed the same time the house is built. Councilmember Stein stated that being the case, perhaps there should be an architectural review of the design of the structure or a Conditional Use Permit process. l Councilmember Slavik suggested there be a Conditional Use Permit process rather than an administrative permit. Community Development Director Hurlburt stated the property owner would have the right to appeal to the Council if they would disagree with staff's ruling on the design of the structure. Councilmember Stein stated he would also support a Conditional Use Permit process for any accessory dwelling unit over a detached garage. This type of process would also allow the neighbors to be notified. Councilmember Slavik stated that she assumed the accessory dwelling units would be constructed simultaneously as the development is being constructed. However, that not being the case, future accessory dwelling units could impact the residential character of the neighborhood. Councilmember Johnson spoke to the amendment and stated that she preferred that accessory dwelling units are included in the original building plans filed with the City for the development. Community Development Director Hurlburt reminded the Council that accessory dwelling units wouldn't be allowed in the Seven Greens development if this use isn't allowed in the Zoning Ordinance and if the effective date isn't June 1, 2001. Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to call the question. With Slavik, Stein, Hewitt, and Tierney voting no, and Johnson, Black, and Harstad voting yes, the motion failed. Adopted Council Minutes Regular Meeting of June 11, 2002 Page 9 of 14 Councilmember Stein withdrew his amendment to the main motion. Councilmember Black asked if there are any measures to address this issue of the timeframe in which accessory dwelling units could be constructed, i.e. once the Final Plat is approved, if accessory dwelling units are proposed, there would be a Conditional Use Permit process. Community Development Director Hurlburt stated no Building Permits are issued until the Final Plat is recorded. She stated the Council could state that the accessory dwelling units would need to be constructed within a certain period of time after the Final Plat is recorded or to a particular dwelling unit after the Building Permit is issued. Councilmember Johnson suggested there be an administrative permit for new developments and Conditional Use Permit process with existing properties. Community Development Director Hurlburt stated many of the new developments incorporate customized homes; therefore, they might not be aware of the option. Councilmember Stein stated if accessory dwelling units are designed into the original structure, the developer would have control that it would be completed to satisfaction. This could be accomplished through an administrative permit. However, he supports a Conditional Use Permit process for existing construction in order that the neighbors could be notified. Councilmember Johnson agreed with Councilmember Stein. Community Development Director Hurlburt reminded the Council that they don't have a lot of discretion with the Conditional Use Permit process if the applicant meets all the standards. She stated perhaps the Council is not ready at this point to incorporate these types of dwelling units in the City. Councilmember Stein asked if the Council could limit that these units would only be allowed for new construction. Community Development Director Hurlburt stated staff would need to rewrite the Ordinance, and the language would need to be tied to the Building Permit. Councilmember Hewitt stated she has seen accessory dwelling units on detached garages in Stillwater, and they are very attractive. Therefore; she could support the use over detached garages. City Attorney Knutson suggested that if the Council desires to change the language of the proposed Ordinance to only apply to new construction, that it be placed on the June 25 Council agenda. Councilmember Black asked if this would eliminate the Seven Greens and Glacier Vista developments. Community Development Director Hurlburt replied those lots that have been issued Building Permits wouldn't be allowed to incorporate the accessory dwelling units. Adopted Council Minutes Regular Meeting of June 11, 2002 Page 10 of 14 A Substitute Motion was made by Councilmember Stein, and seconded by Councilmember Johnson, to direct staff to redraft the Ordinance, for the June 25 meeting, so accessory dwelling units would only apply to new construction. With all members voting in favor, the motion carried. 8:3) Resolution Approving Relocation of Existing Stop Sign at the Intersection of 48th Avenue and Balsam Lane Public Works Director Faulkner reported on the proposal to relocate the existing stop sign from northbound Balsam Lane to eastbound 48th Avenue. He explained that Balsam Lane is the connection from Zachary Lane to the neighborhood south of 48th Avenue, between Zachary Lane and Larch Lane and is designated a minor collector in the City's Transportation Plan. Currently, Balsam Lane forms a "T" intersection with 48th Avenue and has a stop sign for northbound traffic on Balsam Lane. Residents have voiced concerns that 48th Avenue appears to a through street. Although it is signed as "Dead End" west of Balsam Lane, it extends 1400 feet to the west where it ends with a cul-de-sac. He stated this area is part of the 2002 street reconstruction project. At the informational meeting for the street project, residents voiced the concern that 48th Avenue appears to be a through street as well as the concern of the speed of the traffic. Residents also feel that drivers aren't paying attention to the "Dead End" sign posted on 48th Avenue. Based on these comments, staff would be constructing, as part of the street reconstruction project, a bump -out on the north side of 48th Avenue, west of Balsam Lane, to guide drivers to turn southbound on Balsam Lane, instead of continuing westbound on 48th Avenue. With this new configuration, staff recommends that the location of the existing stop sign be changed from northbound Balsam Lane to eastbound 48th Avenue. The would assist in establishing the appropriate right-of-way at this intersection, since the west approach of this intersection is intended to carry less traffic than the other two approaches. In addition, the relocated stop sign would assist in reinforcing the minor collector route to drivers. He noted that a petition was received yesterday regarding an all -way stop. As standard procedure, staff would need to review the signatures, prepare a traffic study, etc. Therefore, he requested that the Council not take any action on the location of the stop sign this evening. He stated the analysis wouldn't be able to be completed until after the street reconstruction is completed in order to obtain a true analysis. Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to table the relocation of the existing stop sign until staff's analysis has been completed on theetp ition for an all -way stop. Paul Meyer, 11315 48th Avenue North, thanked staff for their assistance with the road reconstruction process. He supports the construction of the bump -out on 48th Avenue in order to J discourage the traffic from travelling west. Mayor Tierney stressed to the residents in attendance that the construction of the bump -out is part of the street reconstruction project, not the relocation of the stop sign. Adopted Council Minutes Regular Meeting of June 11, 2002 Page 11 of 14 Mr. Meyer stated there is a high volume of traffic in this area, and it wouldn't be appropriate to eliminate or relocate the stop sign. Any of these actions would just make the traffic issue worse as no one would be stopping at the intersection. Sheryl Frieman, 11210 48th Avenue North, stated she resides across the street from the intersection of 48th Avenue and Balsam Lane. She opposes the bump -out as the traffic from Zachary makes very wide turns on 48th to travel on Balsam Lane. Mary Persson, 11220 48th Avenue, referred to the proposed bump -out and asked if there would be ample distance for residents exiting 48th Avenue with that bump -out being located at that intersection. She stated she circulated the petition requesting the all -way stop, and there were 40 out of 42 residents who signed the petition within the 500 -foot radius of the intersection. Al Orris, 11230 48th Avenue, stated he resides directly across from Balsam Lane on 48th Avenue, and he supports the all -way stop at 48th and Balsam Lane. He misunderstood and thought that the bump -out was part of the traffic control measures at this intersection rather than the street reconstruction project. He stated the speed of traffic exceeds the legal speed limit, and there is an enforcement issue. Chae Gauer, 4700 Balsam Lane, stated the majority of the drivers don't stop at the current stop sign. She spoke of the increased amount of traffic in this area especially in the summer as well as 48th Avenue and Zachary Lane being the only outlets in this area. She noted that the road construction has assisted in decreasing the speed of traffic. She suggested relocating the stop sign to 47th and Balsam Lane. There being no further discussion and with all members voting in favor, the motion carried. 8.4) Ordinance Amending Chapter 6 of the Plymouth City Code Concerning Yard Waste Councilmember Stein stated he supports the proposed Ordinance, but he asked if there were any penalties for violation of the Ordinance. City Attorney Knutson stated any violation of the City Code would be a misdemeanor, which is 90 days in jail or a $1,000 fine. Councilmember Harstad stated the proposed Ordinance includes trails, and he doesn't believe this is as big of an issue as clippings going into the gutters. How would the City determine who the violator is if there are clippings on the trails? Councilmember Johnson stated if trails would be excluded, than the message would be that it's acceptable for grass clippings to be on the trails. Adopted Council Minutes Regular Meeting of June 11, 2002 Page 12 of 14 Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to adopt an Ordinance Amending Chapter 6 of the Plymouth City Code Concerning Yard Waste Ord2002-23). With all members voting in favor, the motion carried. Reports and Staff Recommendations 9.1) Adoption of Resolution Authorizing Revision to Guidelines for Use of City Facilities and Enhanced Building Security Changes Police Chief Gerdes reported on the proposed guidelines for the use of City Hall, Public Safety building, and the Fire Stations. He stated these guidelines would only apply to those meetings where there would be no staff member involved. All currently reserved meetings would be honored, but these new guidelines would affect any future reservations. He stated the proposed resolution also includes additional security measures for City Hall and the Public Safety building. A discussion was held on educational events at the Fire Station. Fire Chief Kline stated with the new guidelines, these events would only occur if there were scheduled staff members at the station. Staff would be reviewing a schedule that would allow for these events to occur once or twice per month. Police Chief Gerdes briefly discussed the security measures that are proposed for both the Council Library and the City Council Chambers if the Medicine Lake room was being utilized. Motion was made by Councilmember Hewitt, and seconded by Councilmember Black, to adopt a Resolution Approving the Guidelines for Use of City Facilities (Res2002-280). With all members voting in favor, the motion carried. 9.2) Discussion of Bassett Creek Water Management Organization's Proposed Budget A discussion was held on the proposed budget for the Bassett Creek Water Management Commission. City Manager Johnson stated that the proposed assessment for the City would increase from 139,170 in 2002 to $239,668 in 2003. He stated Councilmember Black, Public Works Director Faulkner, City Engineer Quanbeck, City's citizen representative Thornton, and he have met to discuss the proposed budget and have provided a draft letter in the packet materials that would be sent to the commission about the City's concerns. He stated they have recommended that the proposed budget for their public education program be reduced from $50,000 to $25,000, as that program is a duplication of the City's own environmental education program. In addition, they recommended that the proposed budget of $100,000 for water quality capital improvements be deleted as the capital improvement program for the watershed is still under review and has not Adopted Council Minutes Regular Meeting of June 11, 2002 Page 13 of 14 been adopted. The City previously sent a letter to the Commission expressing this concern on April 11, 2002. Councilmember Black reported that she contacted John O'Toole, from the City of Medicine Lake, who is the chair of the commission, and they discussed the Variance of the capital plan that the City identified in the Medicine Lake and Parkers Lake plan. She stated there are differences between what is listed in the City's capital plan and the Commission's capital plan. Some of the projects listed in the Commission's capital plan are unnecessary, as Medicine Lake is meeting and exceeding some of the requirements. Some of these projects were just carried over from previous years. Mayor Tierney expressed her concern that there are nine cities that are part of the Commission, and each City has one vote. However, the City of Plymouth makes up approximately 40% of the watershed and still only has one vote. She reported that there is a Bassett Creek tour on June 20, and Councilmember Black and Commissioner Thornton would be attending this tour. She encouraged other Councilmembers to also attend if their schedules permit. Councilmember Black stated the Commission, in theory, could force any of the nine cities to. undertake the projects in their plan. Therefore, this is a much broader issue that affects everyone not just the City of Plymouth. City Manager Johnson stated the City approved the current joint power agreement in 1993 or 1994. He stated other watershed agreements have different voting mechanisms in place. Councilmember Johnson asked how this agreement could be amended. City Attorney Knutson stated even if there would be legislation to amend the agreement, there is no assurance that the City would be able to opt out of everything. If there wouldn't be a joint power agreement, then the watershed would be regulated by the County. He stated there could possibly be legislation to change the terms of the agreement; however, a legislative solution would be extremely unlikely. The Council requested Councilmember Black and City Manager Johnson to finalize and send the letter to the Commission. In addition, the Council would strive to have a more visible presence with the commission by attending their tour on June 20 as well as attending their July meeting. 9.3) Discussion on Dandelions Councilmember Harstad reported on what appears to be great proliferation of dandelions in right-of-ways and on some of the school properties. He suggested that there be a budget item for controlling dandelions on public spaces, right-of-ways, and school properties. Councilmember Johnson stated this wouldn't only involve the City but the school districts and the County. She wouldn't support the use of tax dollars for this effort. Adopted Council Minutes Regular Meeting of June 11, 2002 Page 14 of 14 Community Development Director Hurlburt added that dandelions are not considered a noxious weed. Park and Recreation Director Blank indicated that the City sprays all park properties for dandelions. Adjournment Motion was made by Councilmember Johnson, and seconded by Councilmember Hewitt, to adjourn the meeting at 9:45 p.m. With all members voting in favor, the motion carried. Sandra R. Paulson, City Clerk