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.
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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).
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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). ',
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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,
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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
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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
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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,
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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
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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
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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
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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