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HomeMy WebLinkAboutCity Council Minutes 06-28-2005Adopted Minutes Regular Council Meeting June 28, 2005 Mayor Johnson 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 June 28, 2005. COUNCIL PRESENT: Mayor Johnson, Councilmembers Hewitt, Slavik, Stein, Black, Bildsoe, and Willis. ABSENT: None. STAFF PRESENT: Fire Chief Kline, Finance Director Hahn, Police Chief Goldstein, City Attorney Knutson, Park and Recreation Director Blank, Community Development Director Hurlburt, Public Works Director Cote, Public Services Manager Qvale, and City Clerk Paulson. Plymouth Forum There was no one wishing to address the Council). Presentations and Public Information Announcements 4.01) Announcement of Music in Plymouth on July 6 Councilmember Slavik announced this year's Music in Plymouth on July 6 at 5:00 p.m. at the Hilde Performance Center. She noted that there would be special activities in observance of the City's 50th Anniversary and the 25tH Anniversary of the City's Park and Recreation Department. 4.02) Oath of Office to Police Officer Steve Larson City Clerk Paulson administered the oath of office to Police Officer Larson. 4.03) Announcement on Relocation of City Council Meetings effective July 1 Mayor Johnson announced that effective July 1, City Council meetings would be moved to the Plymouth Creek Center due to the reconstruction of City Hall. Approval of Agenda Mayor Johnson removed item No. 6.04 by request of the applicant: Councilmember Black. requested to add a discussion on the Jonquil and Ives drainage channel improvements as item No. 8.3 under General Business. Adopted Council Minutes Regular Meeting of June 28, 2005 Page 2 of 7 Motion was made by Councilmember Black and seconded by Councilmember Bildsoe to approve the amended agenda. With all members voting in favor, the motion carried. Consent Agenda Councilmember Willis removed item No. 6.08, and it was placed under General Business as item No. 8.25. Staff noted that a signed assessment agreement for Item No. 6.10 was handed out this evening. Motion was made by Councilmember Black, and seconded by Councilmember Hewittto approve the amended Consent Agenda which included the following items: 6.01) Minutes of the Regular and Special Council Meetings of June 14. 6.02) Resolution Approving. Disbursements for the Period Ending June 17, 2005 (Res2005- 237). 6.03) Authorize staff to negotiate a contract with Resource Strategies Corporation to assist in preparation of the City's Comprehensive Plan update. 6.04) (This item was removed from the Consent Agenda). 6.05) Resolution Approving a Site Plan Amendment and Variance for Portfolio Design Services, Inc. for Property located at 2655 Cheshire Lane North (2005054 — Res2005-238). 6.06) Resolution Approving a Side Yard Setback Variance and an Impervious Surface Variance for Sally Usselman for Property located at 10215 South Shore Drive (2005058 — Res2005-239). 6.07) Ordinance Amending Chapter 21 of the City Code for Lighting Zone Map Amendments for Properties located at 15530 and 15600 Old Rockford Road and 4300 Vicksburg Lane North 2005055 - Ord2005-14), and a Resolution Approving Findings of Fact for Lighting Zone Map Amendments for Properties located at 15530 and 15600 Old Rockford Road and 4300 Vicksburg Lane North (2005055 — Res2005-240). 6.0.8) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.25). 6.09) Resolution Revising and Replacing Resolution 97-21, Approving a Final Plat and Development Contract for U.S. Home Corporation for Property located North of Rockford Road between Vicksburg Lane and Dunkirk Lane (95139-F — Res2005-241). 6.10) Resolution Awarding Contract for Revere Lane, 6th Avenue to 10th Avenue Project (4142 Res2005-242). Adopted Council Minutes Regular Meeting of June 28, 2005 Page 3 of 7 6.11) Resolution Ordering Improvement No. 4141, Approving Plans and Specifications and Ordering Advertisement for Bid, 47th Avenue West of Underwood Lane (Res2005-243). 6.12 Resolution Approving an Exemption and Authorizing the Mayor to sign the Wetland Conservation Act Certificate of Exemption Form for Revere Lane Extension (4142 — Res2005- 244). 6.13) Resolution Authorizing the Exemption and Authorizing the Mayor to Sign the Wetland Conservation Act Certificate of Exemption Form for Avery Homes (2005003 — Res2005-2452). 6.14) Resolution Approving Final Payment to Contractors for the Ice Center Expansion Res2005-246). Motion carried to approve the Consent Agenda. Public Hearings There were no public hearings scheduled). General Business 8.1) .Variance to allow a Detached Garage in a Front Yard for Property located at 200 Vicksburg Lane North (Mark Warren — 2005043) . Community Development Director Hurlburt reported on the request of Mark Warren, 200 Vicksburg Lane, for a Variance to allow a detached garage in his front yard. She illustrated the request and stated the Planning Commission, as well as staff, has recommended denial. She explained the Zoning Ordinance categorizes detached garages, storage sheds, and similar buildings as accessory structures, and the Zoning Ordinance prohibits accessory structures in a front yard. The proposed two -car garage would be 24 feet wide by 24 feet deep and approximately 13.7 feet high. Mr. Warren would construct a new driveway and access to 2na Avenue North from the proposed garage. He has an existing one -car attached garage that currently has access to Vicksburg Lane North, and he would convert the existing garage to living space and remove the existing driveway and access to Vicksburg Lane. He has noted that there is a safety issue with having access to Vicksburg Lane, and if he were to add an attached garage, rather than detached garage, that would affect an air conditioning unit and egress window well. She stated that the Planning Commission felt there were other alternatives, such as adding onto the existing attached garage or constructing a detached garage in the rear or side yard of the property. These alternatives would also have less impact on the adjacent neighbor. She stated if the Council were to approve Mr. Warner's request, whichwould result in a driveway access to Second Avenue, that Mr. Warner be assessed for street improvements to Second Avenue. Councilmember Slavik left the meeting. Adopted Council Minutes Regular Meeting of June 28, 2005 Page 4 of 7 Mark Warren, 200 Vicksburg Lane, stated there is a safety issue with his driveway on Vicksburg Lane. He showed pictures of other properties in his neighborhood that have detached garages. Councilmember Black asked Mr. Warren why his is proposing a detached garage rather than an attached garage. Mr. Warren replied there are cost savings, as there are utilities and an air conditioning unit that would need to be relocated if it were attached. In addition, he would also like to keep it within the character of the neighborhood. Community Development Director Hurlburt commented that a Variance is required as the detached garage would be an accessory structure, rather than part of the principle structure. Mr. Warren stated he would like to receive more information on his assessment for the improvements to Second Avenue if his request is approved this evening. He asked that if the Council approves his request, would he have the option to cancel it. City Attorney Knutson replied that if the Variance is granted, and Mr. Warren doesn't use it, then the conditions don't apply. Motion was made by Councilmember Willis, and seconded by Councilmember Black, to adopt a Resolution Den idng a Variance to allow a Detached Garage in a Front Yard for Mark Warren for Pro gfty located at 200 Vicksburg Lane North (2005043 — Res2005-247). Councilmember Willis stated that if this Variance request were approved, it would be an unfortunate intrusion to the sight lines of the adjacent neighbor. Councilmember Black stated that she would support the motion. She stated as she reviews the aerial photographs of the detached garages in the neighborhood, they are behind or equal to the front of the homes, which is not the case with Mr. Warner's request. Therefore, the placement of the detached garage wouldn't fit within the character of the neighborhood. Councilmember Hewitt asked if Mr. Warren were to construct a detached garage in his rear yard, which wouldn't require a Variance, wouldn't that structure actually be closer to his neighbor? Community Development Director Hurlburt stated that is correct. Councilmember Hewitt stated based on that, she wouldn't be supporting the motion. Mr. Warren stated if the Variance were approved, he would consider constructing a privacy fence so that his neighbor's view wouldn't be obstructed. Councilmember Stein asked what elements would be needed to tie a detached garage to the house so it would be considered part of the principle structure. Community Development Director Hurlburt replied there would need to be footings, foundation, and a roof. Mayor Johnson asked Mr. Warren if he had considered any berming or landscaping, such as the planting of evergreens, adjacent to his proposed detached garage. Mr. Warren replied no. Mayor Johnson asked Mr. Warren if he would be opposed if landscaping and/or berming was a Adopted Council Minutes Regular Meeting of June 28, 2005 Page 5 of 7 condition of the Resolution. Mr. Warren replied no. There being no further discussion and with Stein, Black, Willis, and Bildsoe voting yes, and Hewitt and Johnson voting no, the motion carried. 8.2) Proposed Service Cuts to the Plymouth Metrolink System Public Services Manager Qvale reported on proposed reductions to the Plymouth Metrolink service as outlined in the staff report as well as approving an additional $166,000 of the transit reserve funds to cover the remaining 2005 transit operations costs. She explained that Plymouth Metrolink is largely funded by motor vehicles sales tax, and because car sales have been lower than expected, revenue from the vehicle sales tax also has been less than anticipated. It is proposed that the Plymouth Metrolink's share of the motor vehicles sales tax would be $300,000 less than the 2005 budgeted revenue. She stated regarding the proposed reductions to the bus routes, these changes are being proposed, as they aren't economically feasible. Staff doesn't believe that these are significant reductions, but rather adjustments that needed to be made to make the system more efficient. She stressed that no shuttles or routes were eliminated. She noted that Plymouth's service cuts would coincide with thescheduling of the proposed cuts to Metro Transit. Lastly, the funding for dial -a -ride would be preserved. Councilmember Bildsoe asked if the entire transit system would be evaluated. Public Services Manager Qvale replied that staff has evaluated the entire system, and the system would continue to be evaluated on an ongoing basis. She stated that staff is currently preparing the 2006 transit budget and reviewing the costs necessary to operate the new transit station. She predicts that there would be another restructuring of the system in January 2006 due to the transit station and a discussion of the fares that would be necessary to offset the maintenance of the new transit station. She stated that there needs to be a balance with the funding that is available to the City. Councilmember Hewitt stated that the City would also need to review future expansion of the system when Northwest Plymouth is developed, which would need to occur with the same, if not less, transit funds. Councilmember Black stated that as part of the ongoing evaluation of the system, the City needs to serve the population that needs the transit the most. Councilmember Stein asked why the City doesn't charge for the shuttles. Public Services Manager Qvale replied the shuttles are considered a transfer by regional standards. Motion was made by Councilmember Willis, and seconded by Councilmember Hewitt, to adopt a Resolution Approving Proposed Reductions to Plymouth Metrolink Service (Res2005-248) and approval of an additional $166,000 of the transit reserve funds to cover the remaining 2005 transit operations cost. Councilmember Bildsoe asked with the new transit station, is staff reviewing whether some of the shuttles should be eliminated. Public Services Manager replied she foresees combining many of the shuttle runs. Due to the indoor parking at the new transit station, many residents would Adopted Council Minutes Regular Meeting of June 28, 2005 Page 6 of 7 probably drive to the station. There being no further discussion, and with all members voting in favor, the motion carried. New Transit Coordinator, Bernie Maciej, was.introduced to the Council. 8.25) Zoning Ordinance Text Amendment, and PUD Amendment for the Northwest Business Campus PUD (2005039) Councilmember Willis stated that he is concerned of the stacking of traffic at this proposed development, which would consist of a Jimmy John's Sandwich Shop and a Starbucks Coffee Shop. In addition, the fronts of these businesses wouldn't face Highway 55. He stated this type of configuration would make it confusing for patrons of both establishments. Community Development Director Hurlburt stated since the Planning Commission meeting, the developer has moved the building fiirther to the southeast, which is acceptable to the Red Robin Restaurant. She stated the drive-thru is a very important feature to this development. Motion was made by Councilmember Hewitt, and seconded by Councilmember Black, to adopt a an Ordinance Amending Chapter 21 of the City Code to Amend the Northwest Business Campus PUD for Property located at the Northeast Corner of State Hiyhway 55 and Northwest Boulevard 2005039 — Ord2005-15), Resolution Approving Findings of Fact for Amending the Zoning Ordinance Text for the Northwest Business Campus PUD (2005039 — Res2005-250), and a Resolution Approving PUD Amendment to Allow Construction of a 3,547 -square foot Free - Standing Restaurant Building for Property located at the Northeast Corner of Northwest Boulevard and State Highway 55 (2005039 — Res2005-249). A discussion was held on the configuration of buildings in this area, in that they all don't face Highway 55. Councilmember Bildsoe stated that he agrees with Councilmember Willis; therefore, he wouldn't be supporting the motion. There being no further discussion and with Stein, Black, Hewitt, and Johnson voting yes, and Willis and Bildsoe voting no, the motion carried. 8.3) Jonquil and Ives Drainage Channel Improvements Councilmember Black referred to correspondence from Brad Kalin that was in the Council Information Memorandum regarding the Jonquil and Ives drainage channel improvements. She requested that staff prepare correspondence for Mr. Kalin on what items have been requested to be reimbursed for, as well as the expenditures that have been reimbursed to date. She stated a copy of this correspondence should also be included in the Council Information Memorandum. Reports and Staff Recommendations Adopted Council Minutes Regular Meeting of June 28, 2005 Page 7 of 7 9.1) Legislative Update - City Manager Ahrens discussed how the City would be impacted if there were a State government shutdown. Some of the impacts include engineering plan review with the Minnesota Department of Transportation, speed studies, second half of Municipal State Aid allotment, electrical service permit process, and support services through emergency management from the Fire Marshall's office. However, there would be no changes in the City's operation. Councilmember Bildsoe voiced his frustration that the median barrier funding legislation didn't get approved, as it was part of the transportation bill. Mayor Johnson requested that staff schedule a meeting with Senators Rest and. Gaither, and Sandra Peterson in discussing this issue. She stated that she and Councilmembers Bildsoe and Black, and Police Chief Goldstein would attend this meeting. Adiournment Mayor Johnson declared the meeting adjourned at approximately 8:30 p.m. LA,64/ andra,R. Paulson, City Clerk