HomeMy WebLinkAboutCity Council Minutes 10-08-2013 RegularAdopted Minutes
Regular Council Meeting
October 8, 2013
Deputy Mayor Stein called a Regular Meeting of the Plymouth City Council to order at 7:05 p.m.
in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on October 8, 2013.
COUNCIL PRESENT: Deputy Mayor Stein, Councilmembers Wosje, Willis, Johnson, Bildsoe
and Prom.
ABSENT: Mayor Slavik.
STAFF PRESENT: City Manager Callister, Public Works Director Cote, City Attorney Knutson,
Park Maintenance Supervisor Heitke, Community Development Director Juetten, Police Chief
Goldstein, Fire Chief Kline, and Deputy Clerk Baird.
City Manager Callister administered the Oath of Office to Councilmember Prom.
Plymouth Forum
There was no one present to address the Council.
Presentations and Public Information Announcements
4.01) Receive Plymouth Legacy Destination City Award
Paul Austin from Conservation Minnesota appeared before the Council to present a trophy
awarding the City the Legacy Destination City Award for 2013. This award represents efforts the
City dedicated using Legacy dollars from Conservation Minnesota and Minnesota Citizens for
the Arts to preserve natural resources that protect the outdoor environment and natural waters.
4.02) Announce Fire Department Open House on October 12
Fire Chief Kline announced the annual Fire Department Open House on October 12 at Fire
Station III.
Approval of Agenda
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis to
approve thea egnda. With all members voting in favor the motion carried.
Adopted Minutes 1 of 4 Regular Meeting of October 8, 2013
Consent Agenda
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to
adopt the Consent Agenda that included the followingitems:
6.01) City Council Minutes for Special and Regular Meetings of September 24.
6.02) Resolution Approving Disbursements ending September 28, 2013 (Res2013-320).
6.03) Resolution Giving Approval to a Project on behalf of PHS Westhealth, Inc. and its
Financing under Minnesota Statutes, Sections 469.152 to 469.165; Referring the Proposal to the
Minnesota Department of Employment and Economic Development for Approval; Providing for
the Issuance and Sale of Nursing Home Revenue Note (PHS Westhealth, Inc. Project); Series
2013A and Execution of Related Documentation Revenue Bond (Res2013-321).
6.04) Resolution Approving Payment No. 5 and Final for the County Road 101 Water Tower
Rehabilitation (10034 — Res2013-322).
6.05) Resolution Approving Temporary Liquor License for West Lutheran High School
Res2013-323).
6.06) Resolution Approving a Preliminary Plat, Final Plat, and Development Contract for
Zehnder Homes, Inc. for "Maple Creek 3rd Addition" for Property located at 15930 29th Avenue
2013063 — Res2013-324).
6.07) Resolution Approving a Variance for Greg and Laurel Newtson for Property located at
2325 West Medicine Lake Drive (2013076 — Res2013-325).
6.08) Resolution Approving Winter Activities Permit with Three Rivers Park District for Use of
Regional Trails (Res2013-326).
6.09) Resolution Approving an Application with Department of Natural Resources for 2014
Trail Legacy Grant (Res2013-327).
6.10) Resolution Approving Pass Through Funds from the City to Robbinsdale School District
for the COPS Grant (Res2013-328).
6.11) Resolution Approving a Preliminary Plat, Final Plat and Variance for "Stewart Capital
Addition" for Property located at 17825 24th Avenue (2013077 — Res2013-329).
With all members voting in favor, the motion carried.
Adopted Minutes 2 of 4 Regular Meeting of October 8, 2013
Public Hearings
7.01) Certification of Delinquent Utility Accounts, False Alarms, Tree Removals, and
Weed Eradication Charges
City Manager Callister reported on the delinquent charges for utility accounts, false alarms, tree
removals, and weed eradications.
Deputy Mayor Stein opened the public hearing.
Deputy Mayor Stein closed the public hearing.
Motion was made by Councilmember Willis, seconded by Councilmember Wosje, to adopt a
Resolution approving Certification to the County for Delinquent Utility Accounts, False Alarms,
Tree Removal, and Weed Eradication Charges (Res2013-330). With all members voting in favor,
the motion carried.
General Business
8.01) Resolution Affirming City Staff's Interpretation of the City's Zoning Ordinance
Pertaining to Docks
Planning Manager Thomson reported on staff's interpretation of the Zoning Ordinance pertaining
to docks. In August, staff was contacted by Daniel Gustafson who desires to place a dock on his
five-foot wide piece of residential property located on Medicine Lake. After review of the
Zoning Ordinance with the City Attorney, it was determined that Mr. Gustafson's property was
ineligible for a dock. At the September 10, 2013 Council meeting, Mr. Gustafson appeared at the
Plymouth Forum to appeal staff's interpretation of the Zoning Ordinance.
Margaret Evavold, from Gregerson, Rosow, Johnson & Nilan, Ltd. Law Firm, representing the
property owners Kenyon and Santana, whose properties are adjacent to Mr. Gustafson's property,
stated the City interpreted the Zoning Ordinance properly. Therefore, she requested that the
Council adopt staff's proposed resolution affirming the interpretation of the Zoning Ordinance.
She noted a similar case that happened in the City of Minnetonka where a dock was denied
because there was no principal structure on the property and the Minnesota Court of Appeals
upheld the City of Minnetonka's decision.
Mr. Gustafson stated he disagrees with staff's interpretation of the Zoning Ordinance.
Councilmember Willis asked Mr. Gustafson if he had a principal structure on his property. Mr.
Gustafson replied no.
Councilmember Willis stated that there should be no further discussion. The resolution in
question is whether or not staff interpreted the Zoning Ordinance correctly. He further stated that
Adopted Minutes 3 of 4 Regular Meeting of October 8, 2013
since Mr. Gustafson can't demonstrate that he has a principal structure on the property, there are
no provisions in the Zoning Ordinance for him to have a dock. The property must meet the
requirements of RSF-2 Zoning District before the consideration for a dock could be made. Since
his property is only five feet wide, no principal structure would meet these requirements.
Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to adopt
a Resolution Affirming City Staff's Interpretation of the City's Zoning Ordinance Pertaining to
Docks (2013089 — Res2013-331). With all members voting in favor, the motion carried.
Adiournment
Deputy Mayor Stein adjourned the meeting a' " .
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Adopted Minutes 4 of 4 Regular Meeting of October 8, 2013