HomeMy WebLinkAboutCity Council Minutes 01-13-2004Adopted Minutes
Regular Council Meeting
January 13, 2004
Mayor Johnson called a Regular Meeting of the Plymouth City Council to order at 7:10 p.m. in
the Council Chambers of City Hall, 3400 Plymouth Boulevard, on January 13, 2004.
COUNCIL PRESENT: Mayor Johnson, Councilmembers Black, Bildsoe, Stein, Slavik, Hewitt,
and Neset.
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STAFF PRESENT: City Manager Ahrens, Fire Chief Kline, Community Development Director
Hurlburt, Park and Recreation Director Blank, Finance Director Hahn, Public Works Director
Faulkner, Police Chief Gerdes, Assistant City Attorney Jamnik, and City Clerk Paulson.
Plymouth Forum
No one was present to address the Council).
Presentations and Public Information Announcements
4.01) Presentation of "Financial Extra" to the Plymouth News
Communication Manager LaFave reported on the financial extra that was recently contained in
the Plymouth News. She noted the contributions of Councilmember Bildsoe, Finance Director
Hahn, and Volunteer Gerry Nelson, to this article.
Approval of Agenda
Councilmember Black requested to add the Legislative Commission for Minnesota Resources
grant process as item No. 9.1 under Reports and Staff Recommendations.
Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe to
approve the amended agenda. With all members voting in favor, the motion carried.
Consent Agenda
Adopted Council Minutes
Regular Meeting of January 13, 2004
Page 2 of 10
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to
approve the Consent Agenda, which included the following items:
6.01) Minutes from the Special and Regular Meetings of December 16, 2003.
6.02) Resolution Approving Disbursements for the Period ending January 2, 2004 (Res2004-
001).
6.03) Resolution Appointing an Owner's Representative for the Public Safety/City Hall Project
Res2004-002).
6.04) Resolution Amending and Restating Resolution No. 2003-529 Adopted on November 25,
2003, and Approving a Conditional Use Permit for Sentinel Property Management for Parkers
Lake Pointe I located at the 14405 21st Avenue North (2003111 — Res2004-003), and a
Resolution Amending and Restating Resolution No. 2003-530 Adopted on November 25, 2003,
and Approving a Conditional Use Permit for Sentinel Property Management for Parkers Lake
Point II located at 14505 21st Avenue North (2003112 — Res2004-004).
6.05) Resolution Finding No Objection to Lawful Gambling Exemption for Family Hope
Services (Res2004-005).
6.06) Ordinance Amending Chapter XII of the Plymouth City code Concerning the Sale of
Alcoholic Beverages at Theaters (Ord2004-01).
6.07) Resolution Approving Request for Payment No. 3 and Reduction in Retainage for Peony
Lane/Troy Lane Paving Project (1029 — Res2004-006).
6.08) Resolution Requesting that the Commissioner of Minnesota Department of
Transportation Conduct a Speed Zoning Study on Schmidt Lake Road from Vicksburg Lane to
Fembrook Lane (Res2004-007).
6.09) Resolution Approving 3.2 Malt On -Sale and Off -Sale Liquor, Off -Sale Intoxicating
Liquor, On -Sale and Sunday Intoxicating Liquor, and Wine Licenses (Rse2004-008).
6.10) Resolution Approving Wetland Replacement Plan and Sequencing Findings of Fact for
the Woods at Medicine lake (2003089 — Res2004-009).
6.11) Resolution Approving Landscape Partnership Agreement with the Minnesota Department
of Transportation (Rse2004-010).
6.12) Ordinance Amending the Text of Chapter 21 of the City Code entitled the Plymouth
Zoning Ordinance (Ord2004-02), Ordinance Amending the Text of Sections 105, 512, 518,
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Regular Meeting of January 13, 2004
Page 3 of 10
1015, and 2025 of the City Code (Ord2004-03), and a Resolution Approving Summary
Publication of the Above Described Ordinances (Res2004-011).
6.13) Resolution Authorizing the Vicksburg Lane Reservoir and Pumping Station Improvement
Project and Designating the Engineer for this Project (3108 — Res2004-012).
6.14) Resolution Approving the Purchase of a Pot Hole Velocity Patch Unit (Res2004-013).
6.15) Resolution Reimbursing Developer for Construction of Public Improvements in the
Reserve (20092 — Res2004-014).
6.16.1) Resolution Accepting Streets and Utilities for Continual Maintenance for Jordan's
Ridge Addition (2002004 — Res2004-015).
6.16.2) Resolution Accepting Utilities for Continual Maintenance for Serenity on Hadley Lake
2002055 — Res2004-016).
6.16.3) Resolution Accepting Utilities for Continual Maintenance for Cascades Addition
2002058 — Res2004-017).
6.17) Resolution Approving Tobacco License for Mohammed Harchi d/b/a Plymouth Tobacco,
16605 County Road 24, No. 103 (Res2004-018).
6.18) Resolution Appointing Official Depositories for City Funds for 2004 (Res2004-019).
6.19) Resolution Ratifying Surety and Blanket Bonds for City Employees for 2004 (Res2004-
020).
6.20) Resolution Accepting Donations to Millennium Garden (Res2004-021).
6.21) Approval of legislative agenda to include a request for sales tax exempt stains on the
Plymouth Ice Center expansion project.
6.22) Resolution Designating the Plymouth Sun Sailor as the City of Plymouth Official
Newspaper for 2004 (Res2004-022).
6.23) Approval of appointment for City Council secretary for 2004.
6.24) Approval of appointment of City Health Officer for 2004,
6.25) Resolution Approving the 2004 Monthly Contribution to Health and Dental Insurance or
Deferred Compensation for Non -Represented City Employees (Res2004-023).
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Regular Meeting of January 13, 2004
Page 4 of 10
6.26) Resolution Adopting Policy Establishing Responsible Bidder Evaluation (Res2004-024).
6.27) Resolution Approving 2004 Membership Dues for Association Metropolitan
Municipalities and Municipal Legislative Commission (Res2004-025).
6.28) Resolution Receiving Pre -Design Report, Designating Engineer and Ordering Plans and
Specifications for Lancaster Lane Lift Station Upgrades (3114 — Res2004-026).
6.29) Resolution Approving Engineering Services Rates for the 2004 for the City's Designated
Consulting Engineering Firms (Res2004-027).
6.30) Resolution Appointing a City Manager and Approving the Contract between the City
Manager and the City of Plymouth (Res2004-028).
The motion carried to approve the Consent Agenda.
Public Hearings
There were no Public Hearings).
General Business
8.1) Award Bid for Finishing Lower Level of Plymouth Creek Center
Park and Recreation Director Blank reported on the low bid received from Lund Martin
Construction in the amount of $601,000 for the finishing of the lower level of the Plymouth
Creek Center. He stated the engineer's estimate was $822,000. He stated funding for the project
is coming from the park dedication fund.
Motion was made by Councilmember Black, and seconded by Councihnember Stein, to adopt a
Resolution Awarding Bid for the Finishing of the Plymouth Creek Center (Res2004-029). With
all members voting in favor, the motion carried.
8.2) Consideration of Site Plan, Conditional Use Permit, and Variances for Mausoleum
and Memorial Garden for the David Lee Funeral Home (2003115)
Community Development Director Hurlburt reported on the request of the David Lee Funeral
Home for approval of Site Plan, Conditional Use Permit, and Variances to allow construction of
a 3,375 square foot mausoleum and memorial garden on property located at 15100 County Road
6. She illustrated the proposed site and noted that to the north of the site is a City owned
cemetery. The former use of the property was a church and most recently, a daycare. She stated
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Regular Meeting of January 13, 2004
Page 5 of 10
the current building would be removed and a mausoleum would be constructed that would be
made of granite and limestone. On site, there would be crypts and niches with a total capacity of
3,200. The following approvals would be necessary to approve this use of the site:
1. Site Plan.
2. Conditional Use Permit to allow a mausoleum and memorial garden in the P -I District.
3. The following Variances:
a. Allow development on a .5 acre property where two acres are required.
b. Allow the cemetery use, including the crypts, columbaria and niches up to the property
lime where the ordinance requires the same setbacks as the principal building.
c. Allow 67% impervious surface where 25% is the maximum required.
d. Allow a seven -foot fence in the front yard where four feet is the maximum height
permitted.
e. Allow a 12 -foot structure setback to County Road 6 where a 50 -foot is required.
f. Allow a 9.5 -foot structure setback to Minnesota Lane where 75 feet is required.
g. Allow a 9.5 -foot structure setback to the north property line where 15 feet is required.
h. Allow a less than two -foot front parking lot setback to County Road 6 and Niagara Lane
where 20 feet is required.
Councilmember Black asked how much impervious surface the parking lot represents.
Community Development Director Hurlburt replied less than one-quarter of the surface that is
being proposed.
Councilmember Stein stated the Zoning Ordinance requires a lot size of two acres, and this lot is
one-half acre. He asked what the basis is for a two -acre lot. Community Development Director
Hurlburt replied a two acre lot is pretty minimal in terms of what would be needed for parking
etc. She stated the current church was constructed 100 years ago before there were any zoning
ordinances. She noted that it's the applicant's responsibility to show why the Zoning Ordinance
poses a unique hardship for the Variances that are being requested.
Carrie Starry, representing the David Lee Funeral Home, explained that funerals are about
mental health and healing, and they believe that there is a need for this type of use in the City.
She stated there is only one cemetery in the City, and it's full. She stated originally, they were
considering more a traditional cemetery with in -ground burials. However, that didn't prove to be
feasible. The proposed size of the mausoleum was based on the growth of the City. She noted
that the cremation rate has been approximately 40% to 50%. She stated that based on projected
figures, it would take 29 years to fill the crypts and 40 years to fill the niches. She stated for
their funeral processions, which are estimated to be one per month, they would proceed down
Minnesota Lane. She stated the proposed use of this site is consistent with the City's
Comprehensive Plan.
Natina James, from KKE Architects, illustrated the proposed building, the types of materials to
be used and the garden area. She stated they worked with staff in meeting the parking
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Regular Meeting of January 13, 2004
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requirements. She noted that the plaza in front of the mausoleum would be elevated, not
adjacent to the trail that they would be providing. She commented that they have considered a
paver type product for a pervious surface for the parking lot.
Bill Nelson, 1869 Zanzibar, stated this is an excellent project for this property. He noted that for
many years the property has been vacant. The proposed use would serve a need and a purpose
and would blend in with the area. He stated that he lost a daughter in 1996 who had to be buried
in Minneapolis, as there were no lots available in Plymouth.
Barbara Willis, 1651126 th Avenue North, voiced her support for the project. She stated this
would be an asset to the Parkers Lake Cemetery, and it would be a nice barrier on County Road
6. She commented on the integrity and character of the applicant.
Graham Norberg, 17120 28`h Place North (Cimarron development), stated he believes there is a
need for this type of use, but not at this location. He stated the Council would be establishing a
precedent for each of type of Variance that is being requested, which isn't normal. He stated this
site isn't suitable for burial of approximately 3,000 bodies. He stated this use would be very
unsightly for the residents of the Cimarron development. He stated residents would need to deal
with cemetery situations when there are recreational events occurring at the park. He stated the
size of the mausoleum is too large for this property, and the crypts would be within a few feet of
the trail on the south side of the property. He stated cemeteries are tax exempt, and he asked the
Council if they are willing to lose approximately $15,000 in property taxes from this site per
year. He believes that this site could accommodate other uses. Lastly, he stated that Minnesota
Lane is very narrow, and it would be impossible for funeral vehicles to park there as well as the
funeral processions.
Don Renquist, 1995 Juneau Lane North, stated he is a resident from the Cimmaron development,
and he isn't opposed to this project. He stated he realizes that this is an emotional issue for some
of the residents, but there isn't a perfect berm for everyone in the Cimmaron development. He
stated this would be a beautiful location for this type of use.
Doris Cohn, 14975 18`h Avenue North, stated she is concerned that people would be parking in
her backyard, and there is no berm to shield her from the mausoleum. She stated she would need
to relocate if this project is approved, as she couldn't live with this adjacent use. She stated
people wouldn't want their children playing at the park if there were people across the street
mourning and/or removing bodies. She stated this is a very busy intersection, and there would be
funeral processions. She believes that there would be a more suitable location for this type of
use in the City rather than at this location.
Jim Willis, 16511 26th Avenue North, stated the Parkers Lake Cemetery is a community asset,
and the proposed use of this site would be a good fit. He noted that the current building on the
property is a non -conforming use, as it doesn't meet the Zoning Ordinance. He indicated that
due to the size of this property, there would be only a few alternative uses for the site.
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Regular Meeting of January 13, 2004
Page 7 of 10
Lyall Guhl, 1905 Kingsview Lane North, agreed that there is a need for this type of use, but this
is a very small parcel. He stated that there would no room for growth in the future. He stated if
this project is approved, it could hinder any improvements to Niagara Lane or County Road 6.
In addition, there could be problems with snow removal on County Road 6. He requested that
the Council reject the project.
LeRoy Reinke, 14411 County Road 6, stated he is concerned that the Council could be setting a
precedent with the number of Variances that are being requested. He agreed that the snow
removal on County Road 6 could be a problem since snow could be piled on the south side of the
property. He stated the Council needs to take into consideration that if this use is approved, it
would be forever as it couldn't be relocated or changed in the future.
Allen Costantini, 14912 County Road 6, stated snow removal is a serious issue. However, the
real concern for him is the closeness of the mausoleum to County Road 6. He agreed that this is
too small of a piece of property for the proposed building, and there could be problems if the
intersection of County Road 6 and Niagara Lane is reconstructed.
Councilmember Neset stated he wouldn't be supporting the request due to the number of
Variances requested and its close proximity to County Road 6.
Councilmember Slavik stated she also wouldn't be supporting this request, but she hopes the
applicant could find another location in the community, as there is definitely a need. She stated
she doesn't believe this is a good fit with the adjacent neighborhood, and she noted the close
proximity to County Road 6 and Parkers Lake.
Motion was made by Mayor Johnson, and seconded by Councilmember Slavik, to approve the
denial Resolution.
Councilmember Black stated she wouldn't support the motion. She stated she doesn't believe
that the close proximity to the park is that big of an issue, and the mausoleum would be a
beautiful building. She stated the snow storage on the trail on the south side of the property
would be very common, as trails are used for snow storage until the City crews can clear them.
She stated there are other roadways where this occurs, so she doesn't believe that this is unusual
or unique. She stated regarding the concern that this would become tax-exempt property, there
are other uses in the community such as churches, schools, parks, and roadways that don't pay
property taxes. However, these are all community amenities. She stated that due to the size of
the property, any other future requests would require the same types of approvals.
The applicant clarified that their business is for profit; therefore, they would be paying taxes.
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Regular Meeting of January 13, 2004
Page 8 of 10
Mayor Johnson stated that even though she highly respects the applicant and appreciates the
service they are providing, her biggest concern is the number and amount of Variances being
requested.
Councilmember Hewitt stated she believes the proposed use of the site is little larger than what
the site could handle. However, she doesn't believe that children would be traumatized with this
use being close to the park. She asked the applicant if the niches that are to be located on the
southern side of the property could be relocated and whether the size of the mausoleum could be
reduced.
Ms. Starry stated in regards to the niches, if the Council doesn't feel that proposed location is
appropriate, they could be removed. She stated the niches are in -ground, so they are meant to
have a natural covering, like leaves or snow, on the top.
Ms. James stated that staff felt comfortable with the building size; however, they could review
the economics for a smaller building.
Councilmember Hewitt stated with the Parkers Lake Cemetery to the north, the proposed use of
this site could be a good fit with some modifications. She reiterated that she is concerned about
the close proximity of the niches on the south side of the property to the trail and the building to
County Road 6. She cautioned the residents of the Cimarron development that a future use of
this site might not be favorable to their neighborhood.
Councilmember Stein stated the Variances being requested would be applicable to any other
potential use for this site. He stated philosophically though, he couldn't support this request. He
stated he believes that the mausoleum is too large of a structure for this site. He stated the design
of the building is excellent, but he doesn't think it's appropriate for this site. He questions what
would occur to this site in the long-term future.
Councilmember Bildsoe stated he is personally disappointed that he supports the motion to deny
the project. He agreed that there is a tremendous need for this in the community; however, the
proposed site has a number of issues, i.e. number of Variances, size of the mausoleum that
doesn't make it a good fit for the site.
Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to table
this item to February 24.
Motion was made by Councilmember Black, and seconded by Mayor Johnson, to suspend the
rules in order to debate the motion. With all members voting in favor but Neset, the motion
carried.
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Regular Meeting of January 13, 2004
Page 9 of 10
Councilmember Black requested the Councilmembers to only vote in favor of the motion to table
if they would be willing to work with the applicant on the size of the building and other issues.
Otherwise, it would be a waste of time and money on the applicant's part.
The Council voted on the motion to table and with all members voting against the motion but
Black and Hewitt, the motion failed.
Motion was made by Mayor Johnson, and seconded by Councilmember Bildsoe, to deny the
Variance based on the findings that Mayor Johnson mentioned in the proposed Resolution but
also to add the findings that have been listed by Councilmembers. The Council would move
forward with the motion tonight for denial, but bring back those additional findings to be
incorporated into the record on the advice of the City Attorney. With all members voting in
favor but Black and Hewitt, the motion carried.
The Council voted on the amended main motion and with all members voting in favor but Black
and Hewitt, the motion carried.
8.3) Direct City Staff to Work with Decision Resources to Develop Citizen Survey
Community Development Director Hurlburt requested the Council to consider whether they
would like to conduct a citizen survey, and if so, whether it would be done by telephone or mail.
She stated that staff recommends utilizing Decision Resources to conduct a telephone survey.
This option would give the City the ability to customize questions, track trends, and measure
Plymouth against other metropolitan cities.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Stein, to utilize
Decision Resources for the citizen survey (telephone survey).
Mayor Johnson suggested that if time allows, the Council could discuss possible questions after
they discuss their goals and objectives at their Special Meeting on December 31.
There being no further discussion and with all members voting in favor, the motion carried.
Mayor Johnson announced that the Council officially appointed Laurie Ahrens as its new City
Manager under the Consent Agenda (item No. 6.30).
Reports and Staff Recommendations
9.1) Report on Legislative Commission for Minnesota Resources Grant
Councilmember Black reported on a grant opportunity through the Legislative Commission for
Minnesota Resources to assist wetlands that are used as storm water ponds (i.e. how does the
Adopted Council Minutes
Regular Meeting of January 13, 2004
Page 10 of 10
City restore them, what kinds of permits are required, what would the Department of Natural
Resources require). She stated the deadline for applications is February 20, and the City could
request letters of support from the watershed commissions.
Public Works Director Faulkner suggested working with a number of cities as well as the
Department of Natural Resources with this grant application.
Councilmember Stein reported that he, as well as Councihnembers Hewitt and Black, City
Manager Ahrens, and Senator Gaither, visited the Green Institute recently. He encouraged other
Councilmembers to visit the Green Institute as well.
Adjournment
Mayor Johnson declared the meeting adjourned at 9:07 p.m.
Sandra R. Paulson, City Clerk