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
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Regular Meeting of June 8, 2004
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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).
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Regular Meeting of June 8, 2004
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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).
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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
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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
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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)
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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.
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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