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HomeMy WebLinkAboutCity Council Minutes 11-29-2005Adopted Minutes Regular Council Meeting November 29, 2005 Mayor Johnson called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in the Black Box Theater, Plymouth Creek Center, 14800 34th Avenue North, on November 29, 2005. COUNCIL, PRESENT: Mayor Johnson, Councilxnembers Stein, Hewitt, Bildsoe, Willis, and Black. ABSENT: Councilmember Slavik. STAFF PRESENT: City Manager Ahrens, Fire Chief Kline, Finance Director Hahn, Police Chief Goldstein, City Attorney Knutson, Solid Waste Coordinator Hageman, Park and Recreation Director Blank, Financial Analyst Kohn, Building Official Ryan, Community Development Director Hurlburt, Public Works Director Cote, and City Clerk Paulson. Plymouth Forum There was no one present to address the Council. Presentations and Public Information Announcements 4.02) Introduction of "Helping Us Grow" Program Melodie Hanson, with the Robbinsdale Area Redesign, 6200 West Broadway, Brooklyn Park, spoke of the "Helping Us Grow" program for families in the City that are expecting, adopting, or who have just delivered a baby. 4.03) Presentation of Business Environmental Champion Award Solid Waste Coordinator Hageman and Mayor Johnson presented the 2005 Environmental Champion Award to Honeywell Solid States Electronic Center. 4.04) Oath of Office to Police Officer Nicholas Benesch City Clerk Paulson administered the oath of office to Police Officer Benesch. 4.05) Presentation of the 2005 Minnesota State Fire Chief Association's Public Fire Safety Education Award Fire Chief Kline and Mayor Johnson presented the 2005 Minnesota State Fire Chief Association's Public Fire Safety Education Award to Public Safety Education Specialist Sara Cwayna. Adopted Council Minutes Regular Meeting of November 29, 2005 Page 2 of 11 Approval of Agenda Mayor Johnson removed item No. 6.07 from the Consent Agenda. Motion was made by Councilmember Hewitt, and seconded by Councilmember Black, to approve the amended agenda. With all members voting in favor, the motion carried. Consent Agenda Mayor Johnson removed item No's. 6.05 and 6.06, and they were placed under General Business as item No. 8.05. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Stein, to adopt the amended Consent Agenda that included the followingit 6.01) Minutes of the Regular Council Meeting of November 8. 6.02) Resolution Approving Disbursements for the Period Ending November 18, 2005 Res2005-422). 6.03) Resolution Approving Municipal Recycling Grant Agreement (Res2005-423). 6.04) Resolution Approving a Final Plat and Development Contract for Executive Homesites, LLC. for "Executive Woodlands," a Subdivision of 12 Lots for Single -Family Dwellings located at 405, 415, and 425 Harbor Lane North (2005059F — Res2005-424). 6.05) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.05). 6.06) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.05). 6.07) (This item was removed from the agenda). 6.08) Resolution Approving a Site Plan Amendment and Interim Use Permit OPUS Northwest LLC, for AGA Medical Corporation located at 9700 Schmidt Lake Road (2005110 — Res2005- 425). 6.09) Ordinance Amending Chapter 21 of the City Code relating to Electronic Signs (20050120 Ord2005-30), and a Resolution Approving Findings of Fact for a Zoning Ordinance Text Amendment to allow Electronic Signs in the Commercial Zoning Districts (2005120 — Res2005- 426). Adopted Council Minutes Regular Meeting of November 29, 2005 Page 3 of 11 6.10) Resolution Approving a Site Plan Amendment and Variance to allow a Warehouse Addition for Acrylic Design on Property located at 6075 Trenton Lane (2005125 — Res2005- 427). 6.10.1) Resolution Approving Wetland Replacement Plan for Acrylic Design Warehouse Expansion (2005125 — Res2005-428). 6.11) Resolution Approving a Conditional Use Permit for Kate -Lo Tile and Stone, Inc. for Property located at 701 Berkshire Lane North (2005129 — Res2005-429). 6.12) Resolution Approving Park Rental Fees and Policies for 2006 (Res2005-430). 6.13) Resolution Accepting Donations for City Special Events and Programs (Res2005-431). 6.14) Resolution Approving Change Order No. 5 for Central and Zachary Water Treatment Plants Expansion and Upgrade (2032 — Res2005-432). 6.15) Resolution Approving Request for Payment No. 3 and Final for Neighborhood Flood Control Project (3126 — Res2005-433). 6.16) Resolution Approving Request for Payment No. 2 and Final for Pineview Retaining Wall Project (5106 — Res2005-434). 6.17) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Timber Creek Erosion Control Improvement Project (4137 — Res2005-435). 6.18) Resolution Approving Change Order No. 1 for 2005 Street Reconstruction Project (5101 Res2005 -43 6). 6.19) Approve organization structure change combining the Administration and Finance Departments into an Administrative Services Department effective January 1, 2006. 6.20) Resolution Awarding the Contract for Long -Term Disability and Group Life Insurance Res2005-437). 6.21) Resolution Establishing Revised Recycling Fee (Res2005-438). 6.22) Ordinance Amending Chapter 10 of the. Plymouth City Code Concerning Licensing Fees Ord2005-31). 6.23.1) Ordinance Amending Section 715.05 of the Plymouth City Code Adopting Revised Sanitary Sewer Utility Fees (Ord2005-32). 6.23.2) Ordinance Amending Section 725.05 of the Plymouth City Code Adopting Revised Storm Water Utility Rates (Ord2005-33). ', Adopted Council Minutes Regular Meeting of November 29, 2005 Page 4 of 11 6.23.3) Ordinance Amending Section 720.17 of the Plymouth City Code Adopting Revised Water Utility Fees (Ord2005-34). 6.24) Resolution Approving 2005 Tobacco License for Liquid Comfort Corporation, d/b/a Four Seasons Liquors 6, 4232 Lancaster Lane (Res2005-439). 6.25) Resolution Approving Final Payment to Frattalone Companies for Ice Center Project 2005-440). 6.26) Resolution Approving 2005-2006 Trail Snowplowing Routes (Res2005-441). Councilmember Black registered a no vote for item No. 6.10. Councilmember Ahrens noted that a revised Ordinance for item No. 6.23.1 was given to the Council this evening. Councilmember Black stated regarding item No. 6.22, she would like to discuss a tiered fee system for building and licensing fees to make rental housing more affordable. She would discuss this suggestion under item No. 9.2. Motion carried to approve the Consent Agenda. 4.01) Presentation by Mayor Lampi, City of Brooklyn Park for the City's Assistance during a Recent Storm Mayor Lampi, from the City of Brooklyn Park, thanked City staff for their assistance in cleaning up after the storm that struck their city on September 21. Public Hearings 7.1) Liquor License for Liquid Comfort Corporation, d/b/a Four Seasons Liquors 6,4232 Lancaster Lane City Clerk Paulson reported on the request of Liquid Comfort Corporation for an Off -Sale Intoxicating Liquor License at Four Seasons Liquors 6, 4232 Lancaster Lane. Mayor Johnson opened the public hearing for testimony. There being no one present wishing to appear before the Council, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Stein and seconded by Councilmember Bildsoe, to adopt a Resolution Approving Off -Sale Intoxicating Liquor License for Liquid Comfort Corporation, Adopted Council Minutes Regular Meeting of November 29, 2005 Page 5 of 11 d/b/a Four Seasons Liquors 6, 4232 Lancaster Lane (Res2005-442). With all members voting in favor, the motion carried. 7.2) Ordinance Amending City Code regarding License and Permit Fees Building Official Ryan reported on the proposed Ordinance amending various fees contained in Sections 1010 and 1015 of the Plymouth City Code. Mayor Johnson opened the public hearing for testimony. There being no one present wishing to appear before the Council, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Hewitt, and seconded by Councilmember Willis, to adopt an Ordinance Amending Chapter 10 of the Plymouth City Code concerning License and Permit Fees (Ord2005-35). With all members voting in favor, the motion carried. 7.3) Ordinance Amending the City Code regarding Park Dedication Fees Park and Recreation Director Blank reported on the proposed Ordinance revising Section 500.25 of the City Code to increase the park dedication fee from $3,400 per unit to $4,000 per unit and no changes to the commercial/industrial property ($7,100 per acre). Mayor Johnson opened thepublic hearing for testimony. There being no one present wishing to appear before the Council, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Willis, and seconded by Councilmember Hewitt, to adopt an Ordinance Amending Chapter 5 of the City Code to Revise the Cash Fee in Lieu of Land Dedication for Parks and Open Space (Ord2005-36). With all members voting in favor, the motion carried. General Business 8.05) Denial of Variances for Property located at 16820 12th Avenue North (Clinton Asche 2005029) and 805 County Road 101 (Derek Asche — 2005030) Community Development Director reported on the application of Clinton Asche, for Variances to lot width, lot area, and impervious surface coverage at property located at 16820 12th Avenue North. She stated the applicant proposes two 96 -foot wide lots (12,085 square foot lot and 16,530 square foot lot). She stated the Zoning Ordinance requires a minimum lot width of 110 feet and a minimum lot area of 18,500 square feet in the RSF-1 Zoning District. She stated another Variance is requested to allow 36% impervious surface area coverage for the proposed parcel that contains the existing home and detached garage. She indicated that the Zoning Adopted Council Minutes Regular Meeting of November 29, 2005 Page 6 of 11 Ordinance requires a maximum of 25% coverage for properties in a Shoreland Management Overlay District, and the subject property is located in the Shoreland Management Overlay District for Gleason Lake. Lastly, the applicant is requesting a minor subdivision to split the existing property into two lots and on the newly created parcel a home would be constructed. She stated the Planning Commission voted unanimously at their May 18 meeting to recommend denial of the Variance requests due to the lack of hardship. Following the Planning Commission meeting, the applicant requested an extension to the City's review period deadline in order to allow time to discuss possible affordable housing options for the new home. The applicant met with staff to discuss housing options, but ultimately decided not to proceed with any. Clinton Asche, applicant, stated the ordinance doesn't fit the idea of providing the highest and best use of this property. He stated there have been similar "in -fill" projects throughout the City. He stated he desires to construct an affordable home that would have 11,000 square feet on the main floor. He noted that many of the lots in this neighborhood are 103 feet, which is less than the minimum lot width of 110 feet as required by the Zoning Ordinance. He stated following the Planning Commission meeting, he talked with the neighbors on what their concerns were whether it was on lot width, lot size, and impervious surface. (He stated these were people who signed a petition who weren't in support of his project). After discussing their concerns and his project with the majority of them, they had no problem with the project. Mayor Johnson stated that the Council would be weighing the Variance standards against his request. Mr. Asche stressed he has a good plan which is why he is requesting the Variances. Councilmember Black asked Mr. Asche if he would be renting the new home. Mr. Asche replied no. He stated he would ask the neighborhood if they had any relatives who would like to own the home. He stated the home would be designed similar to the other homes in the neighborhood. He stated he has spoken with Interfaith Outreach on possible affordable housing opportunities, but he has no arrangement with them. Gary Yanish, 17400 12th Avenue North, stated he supports Mr. Asche's request. He noted that there are four other homes in the area that are on small lots. He stated the new home would be an asset to the neighborhood, and he noted that Mr. Asche has completed other projects similar to this. Michael Conklin, 16820 13th Avenue North, stated he supports this project. He stated his home would directly be facing the new home. He stated eventually there would be something constructed on this large lot. The home would be a good addition to the neighborhood, and it would be affordable. Sheri Honn, 17410 12th Avenue North, stated she also lives on a similar non -conforming lot, and their home is very adequately sized for them. Motion was made by Councilmember Stein, and seconded by Councilmember Hewitt, to adopt a Adopted Council Minutes Regular Meeting of November 29, 2005 Page 7 of 11 Resolution Den ng a Request for Variances to Lot Width Lot Area and Impervious Surface Area Coverage and a Minor Subdivision to create Two Lots for Property located at 16820 12th Avenue North (2005029 — Res2005-443). Councilmember Stein noted that many lots have been subdivided in the City but to conforming lots. He stated Mr. Asche didn't offer how his application would be a benefit to the City, and there was no confirmation of affordable housing for the new home. Councilmember Hewitt stated the application doesn't fit with the standards for the Variances. Mayor Johnson stressed that the Variance standards need to be met. If the Council feels something different should be occurring in this neighborhood, then there could be issues with rezoning and reguiding of the area. Councilmember Black stated that with Variance standard No. 3, which is the "purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the parcel of land," there is no tangible evidence that there is an agreement with Interfaith Outreach or Habitat for Humanity for affordable housing. There being no further discussion and with all members voting in favor, the motion carried. Community Development Director Hurlburt reported on the request of Derek Asche, for Variances to lot width and a minor subdivision to create two lots on property located at 805 County Road 101. She stated the applicant is requesting lot width and lot area Variances to allow the creation of an additional lot that does not meet the minimum Zoning Ordinance . standards. The Zoning Ordinance requires a minimum lot width of 110 feet and a minimum lot area of 18,500 square feet in the RSF-1 Zoning District. The applicant is requesting Variances to allow a 98.53 -foot wide lot with 13,774 square feet of lot area. In addition, the applicant is requesting a minor subdivision to split the existing property into two lots. A new home would be constructed on the newly created parcel. The Planning Commission voted unanimously to deny the Variance requests at their May 18 meeting due, to the lack of hardship. She noted that many of the same issues that were discussed with the previous item were also discussed with this request. She noted that there was a lot of concern on the existing drainage problems in the area and whether the newly constructed home would fit with the existing character of the neighborhood. After the Planning Commission meeting, the applicant requested an extension to the City's review period deadline for this application in order to allow time to discuss affordable housing options. The applicant met with staff and Interfaith Outreach and Homes Within Reach. However, to date, no funding has been allocated and no formal agreements have been established to create any affordable housing on the property. Derek Asche, applicant, stated some of these large lots could be utilized in a better way, and unfortunately for him, the Variance standards don't apply towards an approved use. He stated that he couldn't address the best use of the property as a hardship. He noted that there are unique characteristics to this lot that make it special, such as easy access to 8t" Avenue. He explained he would reside in the new home, and this home wouldn't disrupt the neighborhood. He indicated that the property owner to the north is concerned about water drainage, but he did a lot survey, Adopted Council Minutes Regular Meeting of November 29, 2005 Page 8 of 11 and the property drains to 8th Avenue. However, he would be willing to construct landscaping measures to address the drainage if necessary. Councilmember Bildsoe asked Mr. Asche what he would do with the existing home. Mr. Asche replied he would sell the home. Mayor Johnson asked Mr. Asche that when he purchased his property, did he plan to subdivide the property, as these standards were in place at that time. Mr. Asche replied yes. He stated initially, there was no intent to subdivide the property, but he did come to the conclusion that there were a number of options for the property. Ben Johnson, 17600 8d' Avenue North, stated his home is adjacent to this property. The reason why he purchased his home was because of the nice beautiful large lots. Therefore, he doesn't support the request. Tom Dierks, 17615 10th Avenue North, stated Mr. Asche's proposal wouldn't be the best use of the land. Therefore, he doesn't support his request. Rory Nelson, 825 County Road 101 North, stated he has spent $30,000 on waterproofing his home. He stated it might be correct that 75% of the drainage from Asche's property goes towards 8th Avenue, but the rest drains to his property. He stated he loves this neighborhood and the larger lots; therefore, he doesn't support Mr. Asche's request. K.C. Textor, 915 Queensland Lane, spoke in favor of the project. He stated in viewing the lot, the new home appears to fit. He stated his home is on a subdivided lot, so he knows what it's like. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Hewitt, to adopt a Resolution Den jnng a Request for Variances to Lot Width and Lot Area and a Minor Subdivision to Create Two Lots for Property located at 805 County Road 101 (2005030 — Res2005-444). The majority of the Council commented that this application doesn't meet the Variances standards, and it would change the character of the neighborhood. There being no further discussion and with all members voting in favor, the motion carried. 8.1) 2006-2010 Capital Improvements Program and Amendment to the Comprehensive Plan (2005076) Financial Analyst Kohn discussed the proposed 2006-2010 Capital Improvements Program CIP). Councilmember Hewitt suggested that in the "other potential projects" section of the CIP that the reconstruction of County Road 47/Vicksburg be included (approximately $7 million). She . commented that residents desire to see mote open space in Northwest Plymouth. However, those Adopted Council Minutes Regular Meeting of November 29, 2005 Page 9 of 11 visions might change with the construction of the Northwest Greenway and the 10th playfield. Financial Analyst Kohn discussed each of the funds that would fund the projects contained in the CIP. Councilmember Bildsoe stated the reconstruction of County Road 47Nicksburg Lane shouldn't be included in the "other potential projects" section, but rather the scheduled part of the plan so the project is more on the forefront. He stated he is concerned that the City isn't doing enough planning for this project. Councilmember Willis stated he agrees with Councilmember Bildsoe, but in order to be fiscally prudent, the Council needs to identify a funding source for the County Road 47Nicksburg Lane if it would be a scheduled project. Councilmember Black discussed the 10th playfield and open space opportunities, and she noted that she has noticed 200 -foot sections of trail that need to be completed. She questioned if the Council should consider an open space referendum on the 2006 General Election ballot for parks and trails. Park and Recreation Director Blank stated there would be 40-60 acres that would need to be purchased for the 10th playfield (approximately $8 million to.$12 million). He stated the Council would need to determine if park dedication funds should be used for basic park systems or purchase of property for the Northwest Greenway. Mayor Johnson stated the referendum issue would be discussed later on the agenda under setting future study sessions. Councilmember Black requested that staff identify funding sources for County Road 47Nicksburg Lane so it could be included in the scheduled part of the CIP. Mike Caticchio, 17805 4th Avenue North, stated he represents the Hawthorne Ponds neighborhood that petitioned the City in 2004 for their street to be reconstructed. He stated staff has included their project in the CIP for 2007. He noted that since they submitted their petition, the City has amended the street reconstruction assessment policy whereby the residents are paying a higher percentage of the project costs. He requested that their neighborhood be grandfathered in" with the assessment rate at the time they submitted their petition, or move the project up on the schedule. Mayor Johnson stressed that the CIP is only a planning document, and no project has been ordered for their street yet. Councilmember Black stated it's very difficult for the current Council to make any guarantees this evening, as four of the Council positions would be up for reelection in 2006. Councilmember Willis noted that there have been some misunderstandings with residents when they presented petitions to the City for street reconstruction. He suggested that perhaps the Adopted Council Minutes Regular Meeting of November 29, 2005 Page 10 of 11 Council could give some consideration for "grandfathering in," when this project comes before the Council, even though he understands that it would be difficult to bind a future Council to that action. Mayor Johnson stated it's difficult to "handpick" a project for special consideration when there are other neighborhood projects contained in the CIP. Councilmember Stein stated that it's premature to discuss the project this evening, when the project hasn't even been ordered. Mayor Johnson stated that she is sympathetic to the Hawthorne Ponds neighborhood, but the new neighborhoods have had the costs of their new streets built in the costs of their homes. Therefore, those homeowners are actually paying more in levy to repair the streets in the older parts ofthe City. Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to adopt a Resolution Approving 2006-2010 Capital Improvement Program (Res2005-445). With all : members voting in favor, the motion carried. Reports and Staff Recommendations 9.1) Discussion of Snowplowing Plan Public Works Director Cote discussed the City's snowplowing plan for the upcoming season. 9.2) Set Future Study Sessions Councilmember Black reported on a proposed project to revamp a portion of Zachary playfields by request of the Armstrong Little League Association. Discussion was held on a funding agreement for the three newly constructed fields, dedicated use of those fields, naming rights,. and requested advertising on the outfield fences. Park and Recreation Director Blank reported on the discussions he had with representatives of the baseball association. Mayor Johnson and Councilmembers Stein and Black requested that this item be added to the pending Study Session list for early 2006. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black to add updating the Council's legislative priorities and goals to the January 17 Special Meeting agenda. With all members voting in favor, the motion carried. Motion was made by Councilmember Hewitt, and seconded by Councilmember Bildsoe, to schedule a meeting with the City's legislative delegation at 6:00 p.m. on January 3 alternative dates of January 26 or February 7. With all members voting in favor, the motion carried. Councilmember Black requested that the Council add to the study session list a discussion on a Adopted Council Minutes Regular Meeting of November 29, 2005 Page 11 of 11 tiered building and licensing fee system for rental properties in order to make housing more affordable. Mayor Johnson stated the difficulty is in mandating that those fee savings be given to the tenants. She suggested that staff review Councilmember Black's suggestion to see if there would be any ideas on this type of program and a report could be provided to the Council at a future date. Councilmember Stein requested that Public Safety's Emergency Plan be added to the Study Session list. A discussion was held on a possible referendum on the 2006 General Election ballot for the City's parks and trails. This item would be discussed when the Council discusses their goals for 2006, and staff was requested to give to the Council the deadline to place items on the General Election ballot. Adi ournment Mayor Johnson declared the meeting adjourned at approximately 10:40 p.m. andra R. Paulson, City Clerk