HomeMy WebLinkAboutCity Council Minutes 09-08-2009Adopted Minutes
Regular Council Meeting
September 8, 2009
Mayor Slavik 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 September 8, 2009.
COUNCIL PRESENT: Mayor Slavik, Council Members Black, Bildsoe, Willis, Johnson,
Murdock, and Stein.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Park Director Blank,
Administrative Services Director Portner, Fire Chief Kline, Police Chief Goldstein, City
Engineer Moberg, Community Development Director Juetten, and City Clerk Engdahl.
Plymouth Forum
There was no one present to address the Council.
Presentations and Public Information Announcements
Park Director Blank reported on this year's Plymouth on Parade on September 26. Mayor Slavik
also announced the 5K event hosted by the Fire Department.
Approval of Agenda
Motion was made by Councilmember Bildsoe and seconded by Councilmember Johnson, to
approve the agenda. With all members voting in favor motion carried.
Consent Agenda
Item 6.04 was removed from the Consent Agenda and was placed under General Business as item
No. 8.05.
Motion was made by Councilmember Black and seconded by Councilmember Johnson, to adopt
the amended Consent Agenda that included the following items:
Adopted Minutes 1 of 9 Regular Meeting of September 8, 2009
6.01) Special and Regular Council Meeting Minutes of August 25.
6.02) Resolution Approving Disbursements ending August 29, 2009 (Res2009-207).
6.03) Approve Temporary Liquor License for Church of the Holy Family for a Benefit on
September 12 at Providence Academy (Res2009-206).
6.04) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.05).
6.05) Ordinance Amending Chapter 21 of the Zoning Ordinance to Classify Certain Land.
Consistent with the Guide Plan Classification in the Comprehensive Plan (2009016 — Ord2009-
13), Resolution Approving Findings of Fact for Rezoning Certain Land Consistent with the
Guide Plan Classification in the Comprehensive Plan (2009016 — Res2009-208), and a
Resolution Approving a Land Use Guide Plan Amendment for the City of Plymouth for Property
located at 12005, 12055, and 12105 41St Avenue to Achieve Consistency between the Land Use
Guide Plan and the Zoning Ordinance (2009016 — Res2009-209).
6.06) Resolution Approving Winter Activities Permit with Three Rivers Park District for Use of
Regional Trails (Res2009-210).
6.07) Resolution Approving the Cooperative Joint Powers Agreement with the Three Rivers
Park District for Construction of the Plymouth Creek Water Quality Ponds (3105 — Res2009-
211).
6.08) Resolution Rejecting the Lone Bid and Ordering the Readvertisement for Bids for the
Four Seasons Well Facility Rehabilitation (7114 - Res2009-212).
6.09) Resolution Declaring Adequacy of Petition and Ordering Preparation of Preliminary
Engineering Report for Street Lighting located at Plymouth Middle School, 10011 36th Avenue
Res2009-213) and a Resolution Ordering Preliminary Engineering Report and Ordering Project
for Street Lighting located at Plymouth Middle School, 10011 36th Avenue (Res2009-214).
6.10) Resolution Approving the Request for Minnesota Department of Transportation to
Conduct a Speed Study on Vicksburg Lane from Gleason Lake Road to County Road 47
Res2009-215).
6.11) Resolution Authorizing City Staff to Prepare Specifications and Solicit Bids for the
Replacement of Aerial 21 (Res2009-216).
6.12) Acceptance of satisfactory inspection report for 520 Queensland Lane North.
6.13) Resolution Approving Amendment of Ground Lease and Development Agreement
l between the City of Plymouth and Lifetime Fitness (Res2009-217).
Adopted Minutes 2 of 9 Regular Meeting of September 8, 2009
With all members voting in favor motion carried.
Public Hearings
There were no public hearings.
General Business
8.05) Resolution Approving a Conditional Use Permit and Variance for Stone Source to
allow Accessory Retail Sales at 15831 State Highway 55 (2009040)
Councilmember Willis voiced his concerns regarding the number of trees that have recently been
removed on the Highway 55 side of this business. He noticed that shortly after the trees were
removed, the windows on this side of the property were adorned with signage. He stated he can't
support the Variance as it doesn't warrant approval. He stated in 2006, staff was in contact with
the applicant regarding non -conforming signs on the property, and it appears that those issues
haven't been addressed by the applicant.
Lenny Lane, applicant, stated the window signage was in place the winter of 2007 which is prior
to the trees being removed. They had contacted City staff regarding the quality of the trees and
1 trimming options before removing the trees. Those trees were way above the phone lines and the
building. City staff indicated that they are allowed to remove any trees on the property as long as
they replace them with trees that will grow to full maturity. They will be replacing the nine trees
that were removed, and they were informed by a landscaper that the best time to plant new trees
is in the fall which is what they intend to do. They had also discussed planting shrubs, but prior
to any plantings, they will contact the City.
Councilmember Willis asked about the non -conforming directional sign on 32"d Avenue. Mr.
Lane stated when they moved into this space, there was a sign from the other tenant. He
explained they had a professional sign made that is significantly smaller, and they didn't realize
that there was an issue with this sign. This is a different sign than what is written in the Council
report. The current sign is 32 square feet, and 25 square feet of that sign is from a previous
tenant.
Community Development Director Juetten stated if the Conditional Use Permit and Variance are
approved this evening, the applicant would have 30 days to bring the existing signage in
conformance with the City Code. He stated between the two tenants, there has to be a
cooperation agreement to reduce the size of the sign.
Councilmember Johnson stated she would like the business to have the ability to comply with the
City Code whether it's by Variance or not. Customers need to see how to access the property.
Adopted Minutes 3 of 9 Regular Meeting of September 8, 2009
Councilmember Black asked if the signage in the windows is legal. Community Development
Director Juetten replied 500 square feet (10%) can remain, but the remainder would need to be
removed.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to
adopt a Resolution Approving a Conditional Use Permit and Variance for Stone Source to allow
Accessory Retail Sales at 15831 State Highway 55 (2009040 — Res2009-218). With all members
voting in favor but Willis, the motion carried.
8.1) Preliminary Plat for "Kingsview Heights 5th Addition" (Martin Harstad — 2009034)
Community Development Director Juetten reported on the preliminary plat request. He
explained the proposed preliminary plat is a replat of a lot created in 1985 as part of Kingsview
Heights. In 1987, the Council denied the replat of this outlot. The Planning Commission
reviewed the proposed preliminary plat to determine if it meets the planning and zoning
subdivision regulations as they currently exist, and it does.
Martin Harstad, 2195 Silver Lake Road, New Brighton, applicant, stated that he's available for
questioning. He provided to the Council approximately 100 pages outlining the history and
public record the lot.
Michael Jogodka, 4355 Ithaca Lane, stated he is one of two neighbors that abut the property. He
1 stated this lot should've been conveyed to the Homeowners Association (HOA) as common open
space, but that never occurred. He noted that lots 2-7 on his block have never participated in the
HOA, which has amounted to approximately $600,000 loss in revenue for maintenance. The
neighbors assumed that this outlot was a drainage lot as there are approximately 300 homes that
eventually drain to this outlot and then to Turtle Lake. He noted the 10 -inch rainfall that
occurred in July 1990 that put this outlot under water, and the City had to barricade the street for
two weeks. He stated he attended the recent neighborhood meeting with the applicant, and he
understood that that the applicant was going to construct a two story home, but now he wants to
construct a rambler. A rambler would take up even more footprint of the lot, and this lot is long
and narrow. Quite a few of the trees would also be removed. He stated he paid extra to live in
this neighborhood due to being adjacent to this outlot. He stated the City's park maintenance
staff has mowed this property since 2002, and the applicant was billed $120 per year. According
to the records, $1,200 has been levied against this property for maintenance.
Chester Cizio, 14870 45th Avenue North, stated he's an adjacent property owner to this lot. When
he purchased his home 25 years ago, he asked if that lot was buildable, and the realtor said no.
He stated he has been mowing the property and cleaning the trees and brush. He agreed that in
2002, the City began mowing the lot. He requested that the Council reject the request and that
this outlot remain as common space.
Jeanne Wegener, 14520 44th Avenue North, requested that this outlot not be developed.
Adopted Minutes 4 of 9 Regular Meeting of September 8, 2009
Gary Donahue, 14505 45th Place North, stated his lot is on a cul-de-sac, and he loves the view
out in the back with the pond. He noted he paid $40,000 more for his property with a lot less
square footage than the house across the street that they sold. He stated he's concerned about the
nature in the area, water level, and decreasing of property values. They also purchased their
home with the intention that the resolution adopted in 1987 would be upheld. Therefore, he
opposes the proposed preliminary plat.
Jeff Langfeldt, 43 80 Juneau Lane North, stated he built one of the earlier homes in the
subdivision, and they chose this area because of the open area. When he closed on his home, no
one informed him that he was part of an HOA. In order to satisfy the density requirement, they
needed a PUD, and all the outlots were figured in gaining the density requirements. He stated
later he discovered that seven homes around him were excluded from the HOA by wishes of the
developer. Only the developer benefitted from this. He stated that it's sad to see that supposedly
this outlot is being considered for single family development.
Joseph Stanek, 4415 Harbor Lane, stated he chose his property because of the outstanding view
of the pond. He stated he's opposed to development of this lot. He indicated his desire to see the
notes from the City Forester on the species and diameters of the tree inventory on this property.
Dick Meyer, 14515 45th Place North, stated he's one of the original property owners in
Kingsview Heights. He stated he paid a premium for his lot, and part of that was due to this
outlot. He thought that the Department of Natural Resources (DNR) had control over this
property, and the developer told him that it would remain as an outlot. He stated the Council
action in 1987 was never followed up on. He stated he has received a legal opinion on this
property, and he provided a copy to the City Attorney. Their attorney concluded that the HOA
should be the owner of the outlot, and the Harstads are trustees of the property. He stated he's
opposed to the preliminary plat. He suggested a conservation easement if the HOA received
control of this property.
Todd Anderson, 4510 Juneau Lane North, stated he purchased his property in 1986, and he was
relying that this lot would remain as an outlot. He stated this is an odd piece of property to
shoehorn" a home on.
Mark Caprio, 4465 Harbor Lane North, stated he was told by the seller of his property in 1989
that this lot would remain an Outlot. He understood this lot to be protected property.
Mr. Jogodka stated according to the DNR, the elevation of this lot is 975.5 and nothing can be
disturbed or filled. The lot goes lower than the curb, and the curb is at 977. Cattails start 20 feet
from the curb on the eastern side.
Mayor Slavik answered questions that were raised:
1. Questions regarding who's paying the HOA dues: This a private issue amongst the
homeowners and the developer.
Adopted Minutes 5 of 9 Regular Meeting of September 8, 2009
2. Significant rainfall events: The City doesn't have any formal record of the rainfall event
in 1990 that Mr. Jogodka mentioned. In 2003, there was a 100 -year rain event, and the
street didn't flood.
3. Property values would be decreasing: This would be handled on a case-by-case basis.
4. Mowing of this outlot: This isn't part of the Council's consideration this evening.
5. Review of the City Forester's record of trees on this outlot: Individuals can contact the
Park Director.
6. Jurisdiction regarding the wetland: This is under the DNR's jurisdiction, and the City
would comply with all regulations as appropriate.
7. Ownership issue of the outlot: The City wouldn't decide the ownership but the parties
involved would have to solve that issue.
Councilmember Johnson referenced condition No. 2 of the 1987 resolution that stated, "The
developer should amend the Homeowner's Associations documents to include Outlot J as
common open space." She asked Mr. Harstad why his father never conveyed the outlot to the
HOA. She noted that his father was in control of the HOA at that time, and there was no HRA
board to bring the issue forward.
Mr. Harstad requested that this item be tabled. He stated he has a long history with his parents on
this property. He stated he provided highlighted documents to the Council, but it appears that
they have black and white copies of those documents, which is unfortunate as that would answer
many of the Council's questions. He stated if one follows the history of this
property/development, the true public record speaks for itself. He stressed that this lot was never
intended to be part of the HOA. He explained that the land to the north and west of this property
was undeveloped. His father anticipated that he could purchase the property to the west, and he
offered to sell this property to Craig Scherber, who developed the property to the north of the lot,
for $67,000. This didn't occur, and the City started condemnation proceedings for a sewer line to
go through this lot to 44th Avenue. It was never stated that this property or for all that matter, all
of the outlots would be built upon. His father came back in 1987, after all the lots were built
around this property and landlocked and asked to amend the planned unit development, and
density caps, but he was denied. He spoke of correspondence dated October 16, 1986 from Dick
Pouliot, City Project Coordinator, to Sara McConn, Community Development Director, to his
father regarding this property. He stated his parents have been sitting on this property all these
years and paying taxes, and now they've conveyed the property to their children. Therefore, they
are in an awkward position where the taxes are increasing, and they have been told by the City
Assessor that it's developable property.
Councilmember Johnson stated as she reads the correspondence from Dick Pouliot to Sara
McConn, she disagrees with Mr. Harstad's interpretation of that correspondence.
Councilmember Stein stated Kingsview Heights Second Addition included Outlot J. He asked
staff if this outlot was part of the Planned Unit Development (PUD) or the HOA. Community
Development Director Juetten replied the outlot was platted as part of the PUD but not part of the
HOA. He stated there are no records on what the outlot was at the time of platting.
Adopted Minutes 6 of 9 Regular Meeting of September 8, 2009
Councilmember Stein stated so the density for Kingsview Heights Second Addition was based on
including this outlot as open space. Community Development. Director Juetten concurred.
Councilmember Stein stated he's trying to establish the basis for denial of developing this lot in
1987. Community Development Director Juetten referred to the three conditions in the 1987
resolution and stated that staff doesn't have a document that states that this is open space. He
added that the Council removed the PUD designation in 1996 and rezoned the development RSF-
2.
Councilmember Black requested further clarification regarding water issues that were raised
during residents' testimony. City Engineer Moberg explained that controlling elevation on the
wetland is set at the pipe for discharge at 974. The DNR recognizes an elevation of 975.5. The
lower floor elevation of the home can't be lower than 977.5. The applicant is proposing a lower
level floor elevation of 981.3. He stated where the house is proposed to be constructed is outside
the footprint ofthe wetland.
Councilmember Stein asked who has been paying taxes on this outlot since 1985. Community
Development Director Juetten replied the applicant is currently paying the taxes and prior to that,
his father. This could be confirmed with the county, but more than likely, the HOA never paid
taxes on this property.
Councilmember Johnson stated Keith Harstad had control over all of this property, and she still
isn't clear, even with all the intentions, why the conveyance of this outlot never took place. She
believes that homeowners were under the notion that this property wasn't going to be a buildable
site. She stated this is whether the contract was adhered to on behalf of Mr. Harstad. It's also
unfortunate that the developer was the HOA fora period of time.
Mayor Slavik stated after her review of the materials, the intent was that is outlot was going to be
open space and not be developed.
Councilmember Johnson stated she doesn't feel that Keith Harstad adhered and agreed to the
original approvals given. Therefore, how can other approvals be given? She stated it's pretty
compelling that what was supposed to occur didn't happen.
Motion was made by Councilmember Black and seconded by Councilmember Willis, to direct
the City Attorney to prepare findings of fact for denial for the October 13 Council Meeting. With
all members voting in favor, the motion carried.
8.2) Approve 2010 Proposed Budgets, Preliminary Tax Levies and Budget Hearing Date
Administrative Services Director Portner reported on the proposed budgets, preliminary tax
levies, and the suggested date of December 8 for the truth in taxation hearing. He stated the
proposed budgets include the $100,000 in athletic association fee revenue and $10,000 in
revenue for the senior programming at Plymouth Creek Center.
Adopted Minutes 7 of 9 Regular Meeting of September 8, 2009
Motion was made by Councilmember Bildsoe and seconded by Councilmember Johnson, to
adopt a Resolution Authorizing the 2010 HRA Leyy (Res2009-219). With all members voting in
favor, the motion carried.
Motion was made by Councilmember Willis and seconded by Councilmember Stein, to adopt a
Resolution Adopting the 2010 Budgets (Res2009-220).
Councilmember Black stated that she could support the proposed maximum tax levy, but not the
budgets due to the proposed fees to athletic associations. She stated she is also concerned about
the dredging of lakes and funding that activity.
Motion was made by Councilmember Johnson and seconded by Councilmember Bildsoe, to
amend the main motion to remove the-roposed $100,000 in athletic association fee revenue with
no notation on where that fee revenue would come from.
Park Director Blank stated staff recently met with 11 athletic associations, and staff hasn't
received any opposition to the proposed fees. However, he's aware that the Council has received
correspondence from a few baseball and football associations. He stated staff is proposing a fee
of $8 to $16 per participant and this would include the Plymouth Creek Center dome.
Councilmember Stein discussed the $600,000 in park maintenance fees which amounts to $30
per average household. If the $100,000 in revenue is eliminated and the City doesn't makeup
that revenue, it would result in $5 increase in taxes. He stated he wouldn't be in favor of cutting
the budget elsewhere to make up this difference.
Councilmember Black stated the City has always had soccer, baseball, and football fields, and
they have been public fields. She feels that this is a basic park need that the City should provide
and not charge for.
Councilmember Stein stated that the school districts charge fees for the use of their facilities even
their swimming pools.
Councilmember Johnson stated Plymouth youth are playing in other communities other than just
youth coming to Plymouth to play. She stated she has compassion for families as it's getting
more expensive to play in sports. Families will move to other clubs or the kids won't play at all
due to the cost. She stated these park facilities are for the greater good of the community.
Mayor Slavik stated if the Council removes the athletic fees, then it should also consider
removing the increase in senior fees at the Plymouth Creek Center. Both of these measures
would results in more cuts. She stated the recommended fee is pretty nominal, and the Council
has heard from a small percentage of the associations. However, she also understands that her
taxes go to amenities that she may or may not use but go for the greater good of the community.
The Council voted on the amendment. With Bildsoe, Johnson, Black, and Slavik voting yes, and
Murdock, Stein, and Willis voting no, the motion carried.
Adopted Minutes 8 of 9 Regular Meeting of September 8, 2009
David Gaither, 16500 45"' Avenue North, suggested that the City consider replacing the fields
with turf. He stated insurance costs decrease, usage increases, and it would be expanding
footprints on a great program for more groups to participate. He stated this could be
accomplished over time, and the City could have joint powers agreements with the athletic
associations.
The Council voted on the amended main motion. With all members voting in favor, the motion
carried.
Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to adopt
a Resolution Approving Proposed Property Tax Levies for Tax Payable in 2010 (Res2009-221).
With all members voting in favor, the motion carried.
The Council scheduled a Budget Study Session on October 27 at 5:00 p.m. The agenda includes
discussion of the 2010 Budget and more specifically, how to make up the $100,000 in revenue
from athletic associations, senior citizen programming revenue, and dredging of lakes.
Councilmember Willis requested a report from staff on what the operating costs for lights at one
playfield, how often do we mow the playfields and if we mowed less, how much would that save,
and the cost of turf for one playfield.
Motion was made by Councilmember Johnson, and seconded by Councilmember Murdock, to set
December 8 at 7:00 p.m. as the truth in taxation hearing. With all members voting in favor, the
motion carried.
Reports and Staff Recommendations
There were no Reports and Staff Recommendations.
Adjournment
Mayor Slavik adjourned the meeting at approxi lately 9:20 p.m.
Sandra R. Engdahl, Ci Clerk
Adopted Minutes 9 of 9 Regular Meeting of September 8, 2009