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HomeMy WebLinkAboutCity Council Minutes 06-08-2004Adopted Minutes Regular Council Meeting June 8, 2004 Mayor Johnson called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on June 8, 2004. COUNCIL PRESENT: Mayor Johnson, Councilmembers Bildsoe, Black, Stein, Slavik, Hewitt, and Neset. ABSENT: None. STAFF PRESENT: City Manager Ahrens, Fire Chief Kline, Community Development Director Hurlburt, Public Works Director Faulkner, Communications Manager LaFave, Human Resources Manager Sobania, Finance Director Hahn, Park and Recreation Director Blank, Housing Manager Barnes, Police Chief Goldstein, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum No one was present to address the Council). Presentations and Public Information Announcements 4.01) Oath of Office to Police Officers Darren McGann and Erik Fadden City Clerk Paulson administered the oath of office to Police Officers Darren McGann and Erik Fadden. 4.02.1) Public Sa f-tv Night on June 17 Public Safety Education Specialist Cwayna and Sgt. Smith announced the Public Safety Night on June 17. 4.02.2) Music in Plymouth on June 30 Representatives of the Plymouth Civic League announced this year's Music in Plymouth on June 30 and the 5K Fun Run on June 26. 4.03.1) "Northern Lights Awards" for Financial Extra and Plymouth News Adopted Council Minutes Regular Meeting of June 8, 2004 Page 2 of 8 Communication Manager LaFave announced the "Northern Lights Awards" that the City received for City's publications, Financial Extra and Plymouth News. 4.03.2) Presentation of Plaque from the Department of Defense Police Chief Goldstein presented to the Council, on behalf of the Minnesota Department of Defense, a plaque in recognition for the City displaying outstanding service and continued support for the Department of National Defense. He explained that the Council adopted a policy for those employees who are in the military service. When those employees are called for active duty, the City would pay the difference between their military pay and their City pay. He stated that Police Officer Way, who is a member of the National Guard, nominated the City for this award. 4.03.3) NPELRA Award of Excellence to Human Resources Manager Jeanette Sobania City Manager Ahrens announced that Human Resources Manager Sobania has received the Award of Excellence for Public Sector Labor and Employee Relations. Mayor Johnson presented the plaque to Human Resources Manager Sobania. 4.04) Recognition to Wayzata High School Rugby Team Members and coaches of various rugby teams from Wayzata High School were present to receive congratulations from the Council on their successful seasons. Approval of Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to approve the agenda. With all members voting in favor, the motion carried. Consent Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to approve the Consent Agenda, which included the followingitems: ems: 6.01) Minutes from the Special Meeting of May 23 and the Special and Regular Council Meetings of May 24. 6.02) Resolution Approving Disbursements for the Period ending May 28, 2004 (Res2004- 207). Adopted Council Minutes Regular Meeting of June 8, 2004 Page 3 of 8 6.03) Resolution Approving a Final Plat and Development Contract for Quest Real Estate, Inc. for "Woods at Medicine Lake," a 26 -Unit Residential Development to be located at 10730 South Shore Drive (2003089F — Res2004-208) and a Resolution Adopting Assessments for Sanitary Sewer and Watermain Area for the Woods at Medicine Lake (4120 — Res2004-209). 6.04) Resolution Approving a Front Yard Setback Variance for Skyline Design, Inc. for Property located at 1195 Weston Lane North (2004031 — Res2004-210). 6.05) Resolution Approving a Variance to allow an Accessory Building in the Front Yard at 210 Vicksburg Lane (2004040 — Res2004-211). 6.06) Resolution Approving Conditional Use Permit for Sentinel Property Management to allow 70 percent Office Use in the I-2 Zoning District for Property located at 9850 51s` Avenue North (2004036 — Res2004-212). 6.07) Resolution Approving a Final Plat for Ryland Homes, Inc. for Adjustment of Lot Lines on Lots to be called "The Fields of Nanterre North Addition" located north of Schmidt Lake Road on Yuma Lane North (2001148F — Res2004-213). 6.08) Resolution Approving Bid for Ridgemount Playfield Tennis Courts (Res2004-214). 6.09) Resolution Approving Master Utility Agreement with the Minnesota Department of Transportation (4121— Res2004-215). 6.10) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Lancaster Lane Lift Station Upgrades (3114 — Res2004-216). 6.11) Resolution Approving Request for Payment No. 6 for Old Rockford Road/Peony Lane Signal and Intersection Improvements (2009 — Res2004-217). 6.12) Approve flood improvement project for 1506, 1510, and 1530 Weston Lane. 6.13) Approve discontinuance of the Wave, Wait, and Walk Pedestrian Crossing Program and authorize staff to contact the Three Rivers Park District and the Department of Natural Resources to fund improvements recommended on Vicksburg Lane at the Luce Line crossing. 6.14.1) Resolution Approving Final Release of Financial Guarantee for the Ponds at Bass Creek Addition (93106 — Res2004-218). 6.14.2) Resolution Approving Final Release of Financial Guarantee for the Ponds at Bass Creek Second Addition (95082 — Res2004-219). Adopted Council Minutes Regular Meeting of June 8, 2004 Page 4 of 8 6.14.3) Resolution Approving Final Release of Financial Guarantee for the Ponds at Bass Creek Third Addition (96091— Res2004-220). 6.15) Resolution Authorizing the Preparation of Plans and Specifications and Designating the SRF Consulting Group as Consultant for Design and Construction Engineering Services for the 2004 Bituminous Mill and Overlay for the Carlson Parkway/Cheshire Lane/Sunset Trail (4115 — Res2004-221). 6.16) Resolution Setting Hearing on Proposed Assessment for 2004 Street Reconstruction of Burl Oaks and Kingsview Areas (4102 — Res2004-222), and a Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for 2004 Street Reconstruction for Burl Oaks and Kingsview Areas (4102 — Res2004-223). The motion carried to approve the amended Consent Agenda. Public Hearings 7.1) Vacation of a Portion of an Alley within the Elmhurst Development Public Works Director Faulkner illustrated the request. He explained a petition was received from Gary Bohn who has purchased three lots that are adjacent to his property to the east. He explained that Mr. Bohn desires to combine his existing lot with those three lots to create one parcel, and this area would be used as green space. He noted that a public street would need to be constructed to serve the three lots before any of them would be buildable. He explained the alley proposed to be vacated provides access to garages constructed along the right-of-way platted for Goldie Avenue. Goldie Avenue has not been constricted and acts as an alley. A condition of approval is that Mr. Bohn provides a private easement in favor of the Goldie Avenue properties for driveway access. Mayor Johnson opened the public hearing. Del Ruegemeri, 2476 Hemlock Lane, stated that Mr. Bohn has been very accommodating to his needs in having a turnaround area in order to park his boat. However, he is concerned if the property is sold if he would continue to have that access. Jerry Ness, 2480 Hemlock, stated he resides west of the previous speaker. He stated his driveway connects to the alley. He supports the proposed request, but he is concerned about the far east lot line to access to the north to access the alley. Rick Star, 12045 26"' Avenue North, stated he supports Mr. Bohn's request as long as he can back his boat up to his garage. He stated he and Mr. Bohn have executed an agreement that they maintain the alley in the existing condition, provide a nice radius so they can exit and have an Adopted Council Minutes Regular Meeting of June 8, 2004 Page 5 of 8 area that he can back his boat out. He stated Mr. Bohn's request would be a huge enhancement to the neighborhood. Gary Bohn, 2486 Hemlock Lane, explained that he purchased the three lots to incorporate the property into his property. He stated he would be providing turnaround accesses that Mr. Star is requesting. He stated for this purpose alone, he is giving up approximately 5,000 to 10,000 feet. He stated that these lots were previously a gravel parking lot that would be turned into green space. He stated this should beautify the area and decrease the runoff into the wetland. There being no one else wishing to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. Public Works Director Faulkner reiterated the portion of the alley that would be vacated which wouldn't change the status for the first two speakers. He stated the City hasn't really maintained this alley, and staff views this as a good option. He added with condition No. 2 of the approving resolution regarding access, the access on the east side of this area would replace the access with the Vacation on the west. This would provide access to the garages that are concerned. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adop a Resolution Authorizing the Vacation of a Portion of the Dedicated Alley within the Plat of Elmhurst (Res2004-224), and a Resolution Setting Conditions to be Met Prior to Filing of Resolution No. 2004-224, Vacating a Portion of the Dedicated Alley within the Plat of Elmhurst Res2004-225). With all members voting in favor, the motion carried. 7.2) Application for an Off -Sale Liquor License for Super Valu, Inc. d/b/a Cub Foods, 4445 Nathan Lane City Clerk Paulson reported on the application of Super Valu, Inc. for an Off -Sale Liquor License for Cub Foods, 4445 Nathan Lane. Mayor Johnson opened the public hearing. There being no one wishing to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt a Resolution Approving Off -Sale Intoxicating Liquor License for Sutter Value, Inc., d/b/a Cub Foods, 4445 Nathan Lane (Res2004-226). With all members voting in favor, the motion carried. 7.3) Bond Refunding for At the Lake Apartments Housing Manager Barnes reported on the request for the sale and issuance of variable rate demand multi -family housing revenue refunding bonds in an amount not to exceed $7,615,000 Adopted Council Minutes Regular Meeting of June 8, 2004 Page 6 of 8 on behalf of Melair Associates Limited Partnership for At The Lake Apartments. He explained At The Lake Apartments is a 204 -unit apartment complex located at 2500 Nathan Lane. The complex was originally constricted in 1969, and the current owners purchased the facility in 1997. The City is requesting that the units be required that there be rents that are 30% or less of the income limits applicable to such tenants. Mayor Johnson opened the public hearing. There being no one wishing to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik, to adopt a Resolution Adopting a Housing Program; Authorizing the Issuance of its Variable Rate Demand Multifamily Housing Revenue Refunding Bonds Series 2004, and the Execution of a Trust Indenture, Financing Agreement Amended and Restated Regulatory Agreement and Related Documents (Res2004-227). With all members voting in favor, the motion carried. 7.4) Issuance of Bonds for Public Safety Building Expansion and Capital Improvement Program Amendment Finance Director Hahn reported on the proposed amendments to the 2004-2008 Capital Improvement Program and the proposed sale of $7,500,000 General Obligation Capital Improvement Bonds for the Public Safety/City Hall expansion. He explained the project is estimated to cost $10,850,000, of which $7,500,000 would be funded with General Obligation Capital Improvement Bonds and the remainder with available funds. Mayor Johnson opened the public hearing. There being no one wishing to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. The Council thanked staff for their work on this project. Motion was made by Councilmember Slavik, and seconded by Councilmember Black, to adopt a Resolution Approving Amendments to Capital Improvement Plan and Authorizing the Issuance of General Obligation Capital Improvement Plan Bonds (Res2004-230). With all members voting in favor, the motion carried. General Business 8.1) Variances to allow Construction of an Enclosed Pool for Property located at 2720 Quaker Lane North (Beth Dryden — 2004025) Adopted Council Minutes Regular Meeting of June 8, 2004 Page 7 of 8 Community Development Director Hurlburt reported on the request of Beth Dryden for Variances to impervious surface and accessory structure size to allow construction of an enclosed pool structure for property located at 2720 Quaker Lane North. One Variance would be to allow 38.7 percent impervious surface coverage on a property where impervious surface area is limited to 25 percent under the Zoning Ordinance, and the second Variance would be to allow a 1,712 square foot accessory building where 1,000 square feet is allowed. She stated the property currently contains just over 30 percent impervious surface coverage. She stated the applicant has stated her hardship is based on the loss of trees due to disease as well as a use for her son who has a medical condition as confirmed by his doctor. Any swimming pool or addition would require a Variance for impervious surface. She stated the applicant would be constructing a rain garden to address the impervious surface runoff. She stated the Planning Commission questioned the size of the pool. She noted that there are four options contained in the staff report depending on how the Council would desire to proceed with this project. Beth Dryden, applicant, stated the size of the structure and the hardship were two things that the Planning Commission didn't like. She noted that they were ordered by the City Forester to remove 14 of their elm trees, which means they have lost their privacy. She stated the Planning Commission doesn't believe that it's a hardship because it's topographical. However, she disagrees. She stated she feels that her dying trees are a physical hardship to her. They can't replace the size of those trees that they have had to remove. She illustrated what the property previously looked like and how it currently looks. She explained their son needs regular swimming time for therapy, and since they would like to get back their privacy that they lost with the removal of the trees, they desire to construct the pool structure. She stated the swimming pool would be chlorine free. She was told that if she constructed a rain garden that would be 25% of the proposed structure, that would address the impervious surface. She stated they would construct a rain garden that would exceed that required size, and it would treat this structure as well as the downspouts from the rear of the house. The structure would be detached from the house with an underground tunnel to the house. With a detached structure, they would have much better use of the yard, the properties to the south wouldn't have a huge wall to the north, and it would prevent moisture in their house. She explained that if they attached this structure to their home, the only access to the rear of their property would be through the rain garden. She stated the side of the swimming pool would 38' x24'. The 38' length would allow for lap swimming, and the 24' width would accommodate a smaller diving board. She noted that they have also reduced the recommended size of the deck to three feet. She stressed that if the swimming pool would be constructed smaller, it would be difficult to swim laps, and her child would outgrow it in a few years. She stated the structure would only be visible to three neighbors, and they are supportive of her request. She stated she feels that they have met all of the Variance standards. Adopted Council Minutes Regular Meeting of June 8, 2004 Page 8 of 8 Paula Harter, certified accessibility specialist, discussed her correspondence with the Council that special accommodations should be made for planning and zoning requests to the American with Disabilities Act. Motion was made by Mayor Johnson, and seconded by Councilmember Hewitt, to adopt a Resolution Approving Variances to the Maximum Impervious Surface and Accessory Structure Size to allow Construction of an Enclosed Pool for Property located at 2720 Quaker Lane North 2004025 — Res2004-228). With all members voting in favor, the motion the carried. 8.2) Appointment of Youth Members to Youth Advisory Council and Other City Commissions City Manager Ahrens reported that the Council interviewed youth for City boards and commissions at a Special Meeting held today. She read the names of the individuals who the Council recommended for appointment. Motion was made by Councilmember Slavik, and seconded by Councilmember Black, to adopt a Resolution Appointing Youth Members to the Advisory Boards and Commissions es2004- 229). With all members voting in favor, the motion carried. Reports and Staff Recommendations There were no Reports and Staff Recommendations). Adiournment Mayor Johnson declared the meeting adjourned at 8:20 p.m. A&(i- Sandra R. Paulson, City Clerk