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HomeMy WebLinkAboutCity Council Minutes 11-10-2009Adopted Minutes Regular Council Meeting November 10, 2009 Mayor Slavik called a Regular Meeting of the Plymouth. City Council to order at 7:06 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on November 10, 2009. COUNCIL PRESENT: Mayor Slavik, Council Members Bildsoe, Johnson, Murdock, Willis, Black, and Stein. ABSENT: None. STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Parks and Recreation Director Blank, Community Development Director Juetten, Planning Manager Senness; Fire Chief Kline, Police Chief Goldstein, City Engineer Moberg, Senior Planner Darling and Deputy City Clerk Olson. Plymouth Forum Randall Mann, 2414 North 4th Street, Minneapolis, stated that he has a patent for an engine that uses no fuel and causes no pollution. The engine can.be used indoors or in a vehicle. He asked that Plymouth be one of the seven cities to review this. He explained how his patent works. Mayor Slavik thanked him for the information. Presentations and Public Information Announcements 4.01) Oath of Office for Firefighters Fischer, Jaeger, Johnson, McCurdy, Moellman, Robins, and Olson Deputy Clerk Olson administered oaths of office to Firefighters Fischer, Jaeger, Johnson, McCurdy, Moellman, Robins, and Olson. 4.02) Proclamation Proclaiming November 14-21 as "Affordable Housing Week" Mayor Slavik read the proclamation proclaiming the week of November 14-21 as "Affordable Housing Week." 4.03) Oath of Office for Police Officer Janssen Deputy Clerk Olson administered oath of office to Police Officer Janssen. Adopted Minutes 1 of 8 Regular Meeting of November 10, 2009 Approval of Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to approve thea egnda. With all members voting in favor, the motion carried. Consent Agenda By request of Councilmember Willis, item No. 6.04 was moved to General Business as item No. 8.05. Motion was made by Councilmember Willis, and seconded by Councilmember Murdock, to adopt the amended Consent Agenda that included the followingitems: tems: 6.01) Regular and Special Council meeting minutes of October 27. 6.02) Resolution Approving Disbursements (Res2009-270). 6.03) Resolution Approving 2010 Council Meeting Schedule (Res2000-271). 6.04) (This item was removed and placed as Item 8.05 under General Business). 6.05) Resolution Ordering Preliminary Engineering Report for the 2010 Street Reconstruction Project, East Parkers Lake Area (10001— Res2009-272). 6.06) Resolution Accepting Preliminary Engineering Report and Call a Public Hearing for the Stn Avenue Street Reconstruction Project (10004 — Res2009-273). 6.07) Ordinance Amending Chapters 9 and 10 of the Plymouth City Code Eliminating Animal Licensing and Resolution Approving. Summary Publication of Ordinance (Ord2009-18, Res2009- 274). 6.08) Resolution Accepting Improvements for Continual Maintenance for Taryn Hills, 8th Addition (Res2009-275). 6.09) Resolution Approving Grant Agreement with the State of Minnesota's Division of Homeland Security and Emergency Management (Res2009-276). 6.10) Resolution Accepting Donations to the City of Plymouth in 2009 (Res2009-277). 6.11) Approve Restatement and Amendment of the Master subordination agreement and Estopple Certificate for the City's loan for the Shenandoah Woods Apartments HUD Refinancing. Adopted Minutes 2 of 8 Regular Meeting of November 10, 2009 6.12) Resolution Approving a Site Plan Amendment, Conditional Use Permit and Variance to allow renovation of an existing industrial building located at 13010 County Road 6 (2009059 — Res2009-278). 6.13) Receive year-to-date 2009 Financial Report With all members voting in favor, the motion carried. Public Hearings There were no public hearings. General Business 8.05) Extension of Transit Services Agreement with Laidlaw Transit Services for 2011 Councilmember Willis was not concerned with level of service but with the 3.5% increase in costs. In this economy, this is not a number that he is accustomed to seeing. He asked for a report and justification from the provider about the increase. Paul Buharin, First Transit, distributed a pricing list of costs to the Council. The incremental service decrease has not been enough to cover fixed costs. No one in an administrative capacity has received wage increase and the increase is for the operation staff that are in bargaining units. Councilmember Willis asked for clarification on overhead costs. Mr. Buharin explained direct costs and also how they divide costs between shared communities. Motion was made by Councilmember Willis, seconded by Councilmember Bildsoe, to adopt a resolution approving the extension to the Transit Services Agreement (Res2009-279). With all members voting in favor, the motion carried. 8.1) Consider denial of Preliminary Plat for "Kingsview Heights 5th Addition for one single family home located at 44th Avenue between Harbor Lane and Juneau Lane. Martin Harstad. (2009034) Community Development Director Juetten provided a brief history of the previous meetings in which this item was discussed. He stated there are three options before the City Council which are a resolution of approval, a resolution of denial, or the opportunity to request more time to review the materials. Scott Nielson, attorney representing the applicant, spoke of the fundamental error made in 1986 that needs to be corrected. Prior to platting, the City was told Outlot J was not to be public property and might be developed in the future. Neither the plat, development contract or Adopted Minutes 3 of 8 Regular Meeting of November 10, 2009 homeowners association documents state that Outlot J belongs to the homeowners association. The condemnation process was begun against the owner, not the homeowners association. He described the outlots deeded to the homeowners association. He clarified that property taxes have been paid by the Harstads and then Eichi, Inc. Mr. Neilson reported that the City does not have the authority to determine ownership. He stated that the plat, development contract, and homeowners association's documents are final and cannot be rewritten. If the application meets the city's ordinances, it must be approved. He stated that if the plat is granted, the homeowners association can then sue the owner after the fact. Mark Caprio, 4465 Harbor Lane North, stated that in 1987 the Council passed a resolution that the homeowners association is asking the Council to now uphold. He inquired about the community enhancement fund and if that could be to purchase Outlot J. Dick Meyer, 14515 45th Place North, reported that he lives across from the property. When he purchased his home, Outlot J was represented as open space. He clarified there was not a homeowners association until 1988. He stated that he has relied on the property being open space and belonging to the association. He is against platting of the property. He would like to see it left in a natural state. Mike Jogodka, 4355 Ithaca Lane, stated he opposes development of the land. He stated that Mr. Harstad executed a contract between him and neighbors that states on Item 12.7 of the submitted materials: "Requirements for Annexation, Mergers, and Dissolutions: The developer should have the right without consent of the association to add additional real property until 1989". He stated that the developer's rights ended twenty years ago. Both Harstads signed and had the document notarized. He explained that the land is under the jurisdiction of the DNR and the elevation does not support development. He has also seen the property under water. He explained that the current Harstad obtained the property by a transfer deed. He stated that Harstad has never paid for the lawn care. He stated they need to come to answer on this. Todd Anderson, 4510 Juneau Lane North, stated that he counted 8 times at the September 8th meeting that Mr. Nielson and Mr. Harstad confirmed that Outlot J was required for the density analysis for the PUD. He stated that the 1987 resolution usurps all documentation prior to that resolution. He would like the Council to uphold the 1987 resolution. It was based on fact. He stated the Outlot is not meant to have a home on it, there are drainage issues, and the intersection is already busy. Mr. Nielson reported that the density requirement was eliminated in 1996. He stated that some of the speakers are not part of the association. He stated that the homeowners relied on a title search when they bought their property and that search would have shown that Outlot J was not part of the homeowners association. Mr. Jogodka responded that he is a member of homeowners association. He reiterated that Outlot J is still part of the plat. He stated that Mr. Harstad had until December 31, 1989 to make any changes. Adopted Minutes 4 of 8 Regular Meeting of November 10, 2009 Councilmember Stein referenced a staff memorandum dated June 25, 1985 from Sarah McConn, Community Development Coordinator, that the plat calls for 190 single family lots and 14 outlots. A letter from the engineer references Outlots A -N which is the 14 oulots including Outlot J. Mr. Nielson replied that Outlot J was described that it may be used in the future. He stated that Outlot J was not connected with the trail. He stated that the item 12.7 that was previously mentioned was referencing taking on additional developments and it is not relevant here. Mr. Anderson stated that he is dismayed that the applicant repeatedly confirms the density requirement. He stated that it was reconfirmed by the Council resolution in 1987. He stated Mr. Harstad still has the legal obligation to deed over Outlot J to the homeowners association. Mr. Anderson referenced Mr. Harstad's bankruptcy of the 1990's and inquired how he could have retained the property. J.K. Strand, 4340 Juneau Lane North, stated they are spending all this time on something that should not even be developed. He stated that the elevation is low and he hears the running water everyday when he passes by. Mr. Caprio stated that when homeowners purchase homes they study what neighbors say and resolutions passed by Council. He stated that it is common knowledge that Outlot J is open space. Mayor Slavik addressed the use of the community improvement fund and clarified that for the funds to be used on a property it has to have a citywide benefit, such as a park. City Engineer Moberg reported on the elevation of Outlot J and stated that the plans submitted with the application show 6 feet above the high water elevation set by the DNR. Councilmember Willis stated everyone has spent much time and research on this. He stated that Outlot J, even listed as A -N, was not included as a common open space under the homeowners association. The fact is the Outlot was not deeded to the homeowners association. The zoning code was revised in 1996 and eliminated PUD's. He understood the neighbors would not like to see this happen nor does he wish that it had happened. However, he concluded that the applicant has a right to develop the property. Mayor Slavik stated that she needs to go back to the original intent of Outlot J. She sees it intended as open space. Councilmember Murdock stated that she understands this is a difficult issue. She wishes due diligence had been done originally but she agrees with the Mayor on the intent of the property. Councihneinber Johnson asked if taxes were paid for the equivalent of a buildable lot or as an Outlot. She added this is the most difficult thing she has had to consider in her public service. Adopted Minutes 5 of 8 Regular Meeting of November 10, 2009 Councilmember Stein stated he goes back to what happened in the 1987 resolution. The City tried to get a sewer easement and denied a preliminary plat in 1987. The City through the act of negotiation and by resolution admitted that Outlot J was not a part of the homeowners association. He questioned why the homeowners association did not take action at that time. He stated what is clear to him by the resolution in 1987 is that Harstad owned the lot, not the homeowners association. Mr. Harstad reported that his Outlot J property tax statement went up. He met with a City appraiser and the appraiser said taxes have been going up because they have done away with PUD's and they consider the land buildable. Mr. Harstad said the original intention was to combine it with property to west owned by Hans Hagen. He stated that his dad always intended the two would go together, but that did not happen. Mr. Harstad gave the history of how and why the condemnation process was started on Outlot J many years ago. Councilmember Johnson asked Mr. Harstad when he began to think the land was developable and asked what his intentions are for Outlot J. Mr. Harstad stated that that his family thought even if it was not developable they could use it for wetland credit. Mr. Harstad replied that if it is approved he would put it up for sale for someone to build a single family house. He would be willing to bring any concepts in for Council approval. He does not want wetland encroachment and they would preserve trees. They would also create a buffer to the wetland. Councilmember Johnson asked if it doesn't get approved, what will the applicant do. Mr. Harstad stated that the assessor made it clear it is buildable. Councilmember Johnson stated that she is trying to figure out if Council denies the application and it goes to court, if the applicant can come back to build more than a single lot. Mr. Juetten replied that they have not looked at it as anything more than a single family lot. was made for location north of 44" avenue between Juneau and Harbor Lanes. Councilmember Black stated she would prefer the Outlot to be open space. However, she felt that if it went to court they would lose. She felt with the economic times it would not be a good move on the part of the City. Councilmember Stein agreed. He stated that he is not interested in amending the language of the resolution limiting the size of the house. Councilmember Bildsoe felt it is difficult because they have to snake a legal decision. He found it compelling that Mr. Harstad has paid taxes for a long time and nobody has disputed the ownership until now. Adopted Minutes 6 of 8 Regular Meeting of November 10, 2009 Mayor Slavik said she is not going to support the motion. She said sometimes you need to stand up for convictions and original intent. Councilmember Johnson asked if the resolution can have an amendment to limit the number of units on the property. City Attorney Knutson replied they could only be single family detached homes and must meet ordinances requirements. He stated that if the property is sold by Mr. Harstad anyone could come in to plat the property. He also stated the ordinance can be amended but that is not before the Council tonight. Councilmember Stein asked what restrictions Mr. Harstad would be willing to put on the property. Mr. Harstad replied he is willing to work with both his attorney and the City Attorney to limit it to one single family home. He is not asking for multiple homes on the lot. City Attorney Knutson stated that with Mr. Harstad's willingness, they could draft a covenant to address it. He suggested that they add paragraph 13 to the approval resolution to read, "Prior to the City signing the final plat, the developer shall enter into a covenant that Lot 1, Block 1, Kingsview Heights 5th Addition may not be further subdivided and may only be used for one single family detached home and the covenant must be in a form acceptable to the City Attorney and the covenant must be recorded with the new plat." Councilmember Black asked that the language of the resolution be amended as such. Motion was made by Councilmember Stein seconded by Councilmember Bildsoe, to amend the main motion to amend the resolution to include the lany'uage, "Prior to the City signing the final plat the developer shall enter into a covenant to run with the land in favor of the homeowners association and the City= prohibiting further subdivision of the prop= and prohibiting any development other than one single family detached dwelling." Motion was made by Councilmember Johnson and seconded by Councilmember Murdock to table the item to the next meeting. With Black, Johnson, and Murdock voting yes and Willis, Bildsoe, Stein, and Mayor Slavik voting no, the motion failed. Mayor Slavik asked since this language is with the title of the property, what would happen if the property were sold. City Attorney Knutson replied that it would run with the land. Mr. Jogodka stated that Mr. Harstad has never paid for lawn care or the homeowners association dues. He stated the City maintenance staff thought it was an extension of Turtle Lake Park and began mowing the property mistakenly. He stated that nothing is to be added to Kingsview 2" d addition after 1989. The City Attorney stated that the declaration of the covenant said the developer had the right, not the obligation, to add property to the homeowners association. They are not adding it to the homeowners association. Mr. Anderson stated that Outlot J was part of the requirement of the density analysis and RPUD. It was part of a contractual obligation and he wants that upheld. He questioned what the Council has received to make them change their minds. He stated there is nothing that should overturn Adopted Minutes 7 of 8 Regular Meeting of November 10, 2009 the resolution for denial written by the City Attorney. Mayor Slavik replied that the information supplied by Mr. Harstad and his attorney is part of the public record and is part of the staff report. The Council voted on the amendment to the main motion and with Black, Willis, Johnson, and Stein voting yes and Bildsoe, Murdock and Slavik voting no, the motion carried. Councilmember Johnson asked if the density requirements in the 1980's were grounds to deny the application today. City Attorney Knutson replied that is not a basis for denial because of the rezoning in 1996. The Council voted on the amended main motion. With Black, Willis and Stein voting yes and Bildsoe, Johnson, Murdock and Slavik voting no, the motion failed. 2009034 — Res2009-269). With Bildsoe, Johnson, Murdock and Slavik voting yes and Black, Willis, and Stein voting no, the motion carried. Reports and Staff Recommendations There were no Reports or Staff Recommendations. Adiournment Mayor Slavik adjourned the meeting at berly A. C)'fso)( Deputy City Clerk Adopted Minutes 8 of 8 Regular Meeting of November 10, 2009