HomeMy WebLinkAboutCity Council Minutes 09-27-2011Adopted Minutes
Regular Council Meeting
September 27, 2011
Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in the
Medicine Lake Room of City Hall, 3400 Plymouth Boulevard, on September 27, 2011.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Murdock, Black, Stein, Willis, Bildsoe,
and Johnson.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Park Director Evans, Public
Works Director Cote, Community Development Director Juetten, Police Chief Plekkenpol, and
City Clerk Engdahl.
Plymouth Forum
Dustin Snare, 5135 Ives Lane North, resident of Palmer Creek Estates, addressed the Council
regarding retaining walls in the rear of their properties that are leaning towards the easement.
The walls were constructed in 2002, and the property owners of 5115 and 5125 Ives Lane North
repaired their walls in 2004. The City participated with those repairs. His fence is leaning into
the easement so he desires to repair his fence and have the same participation in the costs from
the City that was given to 5115 and 5125 Ives Lane North. He requested that this item be
discussed at a future Council meeting.
The Council directed staff to provide a report to the Council on the history of this area, and the
Council will then determine if a study session will be scheduled.
Presentations and Public Information Announcements
Mayor Slavik stated Councilmember Murdock will be resigning from the Council effective
September 30.
Councilmember Murdock stated she needs to resign from her Council position due to her
retirement from Hennepin County and the need to terminate all PERA sources in order to receive
her full pension from the County. She stated it has been a privilege to serve on the Council.
The Council thanked her for her years of service to the City.
Adopted Minutes 1 of 8 Regular Meeting of September 27, 2011
Mayor Slavik noted that the Council would be adjourning to Old Chicago following this meeting
in order to celebrate her retirement.
Approval of Aeenda
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to
approve the a egnda. With all members voting in favor motion carried.
Consent Agenda
Motion was made by Councilmember Willis and seconded by Councilmember Johnson, to adopt
the Consent Agenda that included the followingitems: tems:
6.01) Regular Meeting minutes of September 13.
6.02) Resolution Approving Disbursements ending September 17 (Res2011-321).
6.03) Resolution Approving a Contract with Check Diversion Program, LLC to Provide a
Worthless Check Diversion Program (Res2011-322).
6.04) Resolution Setting Public Hearing for Delinquent Accounts (Res2011-323).
6.05) Resolution Approving a Temporary Liquor License for West Lutheran High School
Res2011-324).
6.06) Resolution Approving Renewal of Lawful Gambling Application of Wayzata Youth
Hockey Association for Broadway Pizza (Res2011-325).
6.07) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment Roll for Sun Court Mill and Overlay Project (11006 - Res2011-326) and a
Resolution Setting Hearing on Proposed Assessment for Sun Court Mill and Overlay Project
11006 — Res2011-327).
6.08) Resolution Calling for a Public Hearing on a Proposal for Financing for a Health Care
Facilities Project Pursuant to Minnesota Statutes, Sections 469.152-1651, and Authorizing the
Publication of Notice of the Hearing — Hazelden Foundation Project (Res2011-328).
6.09) Resolution Accepting Streets and Utilities for Continual Maintenance for Elm Creek
Highlands (Res2011-329).
6.10) Resolution Accepting Utilities for Continual Maintenance for Utility Installation
Agreement (20110096 - Res2011-330).
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Adopted Minutes 2 of 8 Regular Meeting of September 27, 2011
6.11) Resolution Establishing 25 mph School Speed Zones on Old Rockford Road (Kimberly
Lane Elementary), Peony Lane (Wayzata High School), and Schmidt Lake Road (Providence
Academy) (Res2011-331).
6.12) Resolution Approving a Variance for Ultimate Events for Property located at 13405 15th
Avenue (2011063 — Res2011-332).
6.13) Resolution Approving a Site Plan Amendment for Loucks Associates, to Construct a
49,162 Square Foot Building Addition and Related Site Improvements for Turck, Inc. locate at
5000 Fernbrook Lane (2011064 — Res2011-333).
6.14) Resolution Approving a Site Plan Amendment for HGA, for Hazelden Center for Youth
and Families located at 11505 36th Avenue (2011065—Res2011-334).
6.15) Resolution Approving a Conditional Use Permit Amendment to allow a Restaurant Use
for Original Pancake House/Savik Hunter Inc. for Property located at 1455 County Road 101
2011069 - Res2011-335).
With all members voting in favor, the motion carried.
Public Hearings
There were no public hearings.
General Business
8.01) Home Occupation License for a Window Washing Business at 15620 9th Avenue
David Felt — 2011039)
Community Development Director Juetten reported on the application of David Felt, 15620 9'
Avenue, for a home occupation license. He explained that less than 25% of the home would be
used for an office and less than 50% of the attached garage would be used for the storage of
equipment. Two of his employees would be coming to his home periodically to only pick up
equipment and then traveling off-site to the job site. He stated the Planning Commission
recommended approval of the license based upon the six conditions listed in the approving
resolution.
Mayor Slavik asked for this history on when the application was made by Mr. Felt. Community
Development Director Juetten replied after receiving a complaint, the City sent him a letter on
December 30, 2010 requesting that he apply for the home occupation license. The deadline for
that application was February 15, 2011, but the City didn't receive the application until May
2011.
Adopted Minutes 3 of 8 Regular Meeting of September 27, 2011
David Felt, 15620 9' Avenue North, applicant, requested approval of his application. He stated
he was originally informed that he didn't need a license, but he just had to follow the guidelines
for a home occupation license. When he received the second letter, he submitted his application.
He stated he's done his absolute best to follow the guidelines that the City has placed.
Councilmember Willis asked Mr. Felt if he can comply with the conditions listed in the
resolution. Mr. Felt replied yes. He stated since the application was made, he has made changes
to how his business functions out of his home. Employees/crews are strategically placed at other
areas, not at his home, as they travel throughout the metro area.
Mayor Slavik stated at one point, there were employees coming to his home. Mr. Felt stated that
is correct. He started his business in 2006 and there was a lot of traffic in the fall of 2006 as
that's a busy time of the year for them, so he could understand why the neighbors were
concerned. He stated it's no longer necessary for employees to come to his home as a pick up
point. There might be occasions where they have to stop by to pick up a special piece of
equipment, but that's it.
Glenn Rood, 15610 9h Avenue North, stated five out of seven neighbors don't support the license
request. The neighbors have tolerated this business for a number of years with employees
congregating on Mr. Felt's property as well as parking issues. They've approached Mr. Felt, but
nothing has helped. He stated Mr. Felt's business has grown and he has gone from washing
windows to hanging Christmas lights. He asked while this was under review, if Mr. Felt could
operate his business. Mayor Slavik replied no, according to the materials. Mr. Rood stated the
City has plenty of industrial space that he could use for his business. There is no benefit to the
neighbors for having a home based business in their neighborhood, and there has been no pattern
of behavior from Mr. Felt that they can trust.
Frank Hendricks, 840 Terraceview Lane, stated there was a lack of compliance with the
application process. He stated he purchased his home because it was a residential neighborhood.
He approached Mr. Felt on three occasions regarding the parking in the neighborhood due to the
trucks coming in and out and the employee traffic. He noted that the streets are narrow, and it
compounds the situation in the winter. He stated his biggest opposition to this request is the
impact of this business to the neighborhood. He also stated because of Mr. Felt's past behavior
and lack of compliance, he can't support this.
Councilmember Murdock asked Mr. Hendricks if the situation has been better since this item
went to the Planning Commission. Mr. Hendricks replied the traffic has been better, but this is a
seven day a week business that starts at 7:00 a.m.
Councilmember Bildsoe asked Mr. Rood and Mr. Hendricks if they read the staff report and
approving resolution regarding on -street parking and if they agree. Mr. Hendricks replied they
would need to review those materials further.
Councilmember Bildsoe stated assuming there's compliance, the resolution should address the
concerns.
Adopted Minutes 4 of 8 Regular Meeting of September 27, 2011
Mr. Hendricks stated that Mr. Felt should locate in an industrial area.
Mr. Felt reiterated that he has been in compliance with City guidelines, and he doesn't have
employees coming to his house on a daily basis.
Councilmember Stein asked Mr. Felt if he operates seven days a week. Mr. Felt replied no, not
on a consistent basis. He stated this is a seasonal business, and May and November are their
busiest months where they could work up to seven days a week.
Councilmember Stein asked how often employees come to his home. Mr. Felt replied one crew
might stop by every three weeks, and they're only there for 10 minutes to pick up equipment. He
added that he recently paved a surface adjacent to his driveway for the parking of vehicles.
Councilmember Black asked if his equipment could be stored at an off-site location versus his
garage. Mr. Felt replied yes. He has enough space off-site to accommodate the equipment.
Councilmember Black suggested the City be proactive in contacting the neighbors in six months
to see how things are going if this license is approved.
Councilmember Willis asked Mr. Felt if he's in agreement with condition No. 4 of the resolution
for no outside storage of equipment. Mr. Felt replied yes.
Councilmember Willis stated he could support the approving resolution for one year if there are
no complaints.
Councilmember Johnson stated she doesn't support the City in being proactive and contacting the
neighbors in six months. It isn't right to single out one home based business. The City should
act on a complaint basis. She would support reviewing this license at the time of renewal if the
Council so desires. However, she stated she would like to know the process for revoking a
license before renewal. She noted that it's important to balance this license request in respect to
the surrounding neighbors, and she doesn't want to be so restrictive that something that is
reasonable and understandable, would set the applicant up for failure.
Councilmember Black compared this situation with a similar situation with her neighbor who has
a home based business. The only difference is that if she approached her neighbor regarding any
concerns with his business, he would deal with it. However, that didn't happen with this case,
and she's concerned about that. She suggested that a condition be added to the resolution that
when this license is up for renewal, it comes back to the Council to see if there have been any
issues.
City Attorney Knutson stated that the Council can't make their decisions based upon
neighborhood opposition. The applicant needs to comply with the City's home occupation
standards. He stated the Council has the authority to require a review of the license when it's up
Adopted Minutes 5 of 8 Regular Meeting of September 27, 2011
for renewal in a year. The Council could also set a hearing to revoke the license if it's not in
compliance.
A motion was attempted by Councilmember Willis to adopt the resolution with modifications
made to some of the conditions. This motion died for lack of a second.
Mayor Slavik asked if Mr. Felt even needs a home occupation license. Mr. Felt stated he paid the
100 license fee and met all of the City's standards. He stated it's not about the license fee, but
he prefers to secure a license as he could foresee issues if he doesn't.
A motion was attempted by Councilmember Stein to adopt the resolution with the removal of all
conditions except for the first two conditions. This motion died for lack of a second.
Motion was made by Mayor Slavik, and seconded by Councilmember Willis to deny the license
and to direct staff to prepare findings of fact for approval at the October 11 Council meeting.
Mayor Slavik stated that this business would change the residential character of the
neighborhood. She also doesn't feel there is a need for the home occupation license.
Councilmember Johnson noted that when there is a license and conditions in place, the City has
the authority to act upon those conditions. If this license is denied this evening, the neighbors
can still complain, but it won't be on this license.
Mayor Slavik stated if Mr. Felt is operating a business without a license, the neighbors could take
action.
Councilmember Johnson stated she's concerned that the Council is sending a message to Mr. Felt
that he doesn't need a license. She stated she wouldn't be supporting the motion. She
understands the concerns that have been presented, but it's difficult for staff to determine if it's a
friend stopping by Mr. Felt's home or if it's business related. She suggested granting the license
with conditions and review of the license when it's up for renewal.
Mayor Slavik offered Mr. Felt the opportunity to withdraw his application, and the City would
refund his license fee.
Mr. Felt stated his only issue is that he's no longer operating employees out of his house. His
concern is that he has friends that stop by for a visit, and he doesn't want to feel like he's being
watched and people taking pictures. He's not concerned about the fee. He's applied for the
license, and he has taken steps to comply with the City's guidelines.
The Council voted on the motion. With Murdock, Stein, Black, Bildsoe, and Johnson voting no,
and Willis and Slavik voting yes, the motion failed.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt
a Resolution Approving a Home Occupation License for David Felt to Operate a Home Service
Adopted Minutes 6 of 8 Regular Meeting of September 27, 2011
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1. The home occupation license is approved for a home service business in accordance with the
application and plans received by the city on June 3, 2011, except as amended by this
resolution.
2. Compliance with section 21145 of the zoning ordinance, relating to home occupations.
3. The applicant must meet the following general standards:
a) The home occupation would be clearly incidental and secondary to the residential use of
the premises, would not change the residential character of the neighborhood, and would
not result in a disturbance to the surrounding uses.
b) There would be no use of equipment that would cause electrical interference to
surrounding properties.
c) The business may employ others provided no more than two employee vehicles are
parked outside, and provided all employee work activities related to the home occupation
are performed off the premises.
d) The applicant shall use the driveway to accommodate parking demand. On -street parking
shall not be utilized for parking demand.
e) There shall not be exterior storage of equipment used in the home occupation.
f) Less than 25 percent of one story of the home would be used for the home occupation.
g) The attached garage shall not be used for the home occupation for storage of equipment.
h) No person other than those who reside in the home would be employed on the premises.
4. The home occupation license is valid for one year from the date of approval. The applicant
may apply for renewal of the home occupation license prior to September 26, 2012. The
renewal request shall be submitted and approved by the City Council in order for the license
to be valid beyond September 26, 2012.
With Murdock, Black, Willis, Bildsoe voting yes, Stein, Johnson, and Slavik voting no, the
motion carried.
Reports and Staff Recommendations
There were no reports or staff recommendations.
Adopted Minutes 7 of 8 Regular Meeting of September 27, 2011
Adiournment
At 8:30 p.m., Mayor Slavik adjourned the regular meeting to Old Chicago to celebrate
Councilmember Murdock's retirement.
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Adopted Minutes 8 of 8 Regular Meeting of September 27, 2011