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HomeMy WebLinkAboutCity Council Minutes 08-24-2004Adopted Minutes Regular Council Meeting August 24, 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 August 24, 2004. COUNCIL PRESENT: Mayor Johnson, Councihnembers Bildsoe, Black, Hewitt, Slavik, Stein, and Neset. ABSENT: None. STAFF PRESENT: City Manager Ahrens, Fire Chief Kline, Community Development Director Hurlburt, Public Works Director Faulkner, Finance Director Hahn, Housing Manager Barnes, Park and Recreation Director Blank, Police Chief Goldstein, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum There was no one present to address the Council). Presentations and Public Information Announcements 4.01) Presentation on North Hennepin Mediation Program Karen Chesebrough, representing the North Hennepin Mediation Program, provided a presentation on their program for the Plymouth area. 4.02) Announcement of Filing Period for City Council Offices, August 24 -September 7 City Clerk Paulson reported that the candidate filing period for Ward 1, Ward 3, and At Large Councilmember seats would be accepted at her office from August 24 -September 7 at 5:00 p.m. Approval of Ae:enda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik, to approve the agenda. With all members voting in favor, the motion carried. Adopted Council Minutes Regular Meeting of August 24, 2004 Page 2 of 10 Consent Aeenda Motion was made by Councilmember Black, and seconded by Councilmember Stein, to approve the Consent Agenda, which included the following items: 6.01) Minutes from the Special Meeting of August 9, Joint Charter Commission Meeting of August 10, and Regular Meeting of August 10. 6.02) Resolution Approving Disbursements for the Period Ending August 13, 2004 (Res2004- 336). 6.03) Ordinance Amending the Text of Chapter 21 of the Plymouth City Cod, entitled the Plymouth Zoning Ordinance, allow Temporary Occupancy of the Existing Principal Building on Single -Family Lots during Construction of a New Home (2004080 — Ord2004-17), and a Resolution Approving Findings of Fact for a Zoning Ordinance Text Amendment to allow Temporary Occupancy of the Existing Principal Building on Single -Family Lots during Construction of a New Home (2004080 — Res2004-337). 6.04) Resolution Approving a Conditional Use Permit to allow an Existing 7.5 -foot High Fence to remain on Property located at 18900 12' Avenue North (2004082 — Res2004-338). 6.05) Resolution Authorizing Mayor and City Manager to sign Lease Agreement with Plymouth Soccer Association (Res2004-339). 6.06) Resolution Approving a Site Plan Amendment to Add Parking, Two Loading Doors, and related Site Improvements for the Property located at 10200 51" Avenue North (2004087 — Res2004-340). 6.07) Ordinance Amending Chapter 21 of the City Code to amend the HOM Furniture PUD for Property located at 4150 Berkshire Lane North (2004090 — Ord2004-18), Resolution Approving Findings of Fact for Amending the Zoning Ordinance Text for the HOM Furniture PUD, located at 4150 Berkshire Lane North (2004070 — Res2004-341), and a Resolution Approving a PUD Amendment for HOM Furniture to Increase the Size of the HOM Furniture Building located at 4150 Berkshire Lane North (2004090 — Res2004-342). 6.08) Resolution Approving a Conditional Use Permit for Outdoor Storage of Finished Goods and an Interim Use Permit for Parking for Skarnes, Inc., located at 2100 Niagara Lane North 2004091 — Res2004-343). 6.09) Resolution Approving a Variance for Wayzata Public Schools to allow the Installation of New Light Poles at East Middle School located at 12000 Ridgemont Avenue (2004095 — Res2004-344). Adopted Council Minutes Regular Meeting of August 24, 2004 Page 3 of 10 6.10) Approval of 2003 Community Development Block Grant Consolidated Annual Performance and Evaluation Report and authorization for the submission to the Department of Housing and Urban Development. 6.11) Resolution Approving a Conditional Use Permit for Dominium Development and Acquisition, LLC, to allow an Eight -foot High Fence for Property located at 1020 West Medicine Lake Drive (2004093 — Res2004-345). 6.12) Resolution Approving the Assumption of Indebtedness with respect to Variable Rate Demand Multifamily Revenue Refunding Bonds, Series 2003 (Parkside Apartments Project), and the Execution of Amendments to the Trust Indenture, Financing Agreement, Regulatory Agreement and Related Documents (Res2004-346). 6.13) Resolution Approving Winter Trails Activity Permit (Res2004-347). 6.14) Resolution Approving Change Order No. 1 for 2004 Trail Project: Nathan Lane/Highway 55 Frontage Road (4113 — Res2004-348). 6.15) Resolution Designating the Public Works Director as the Representative for the Federal Railroad Authority (FRA) Quiet Zone (Res2004-349). 6.16) Resolution Amending Resolution No. 85-869 to allow Parking along a Portion of the South Side of 34"' Avenue (Res2004-350). 6.17) Resolution Approving Final Release of Financial Guarantee for Parkers Lake Shores 20078 — Res2004-351). 6.18) Resolution Approving Change Orders on the Plymouth Ice Center (3129 — Res2004-352). The motion carried to approve the amended Consent Agenda. Public Hearings 7.1) Establishment of Business Subsidy Policy Housing Manager Barnes presented the proposed Business Subsidy Policy that was previously discussed at a Council Study Session on July 13, 2004. He stated staff has made one change to the proposed policy as requested by the Council, that the City wouldn't be obligated to offer any type of business subsidy. He reiterated that State Statutes 116J.993 -116J.995 require local government agencies to adopt a policy that regulates business subsidies. Adopted Council Minutes Regular Meeting of August 24, 2004 Page 4 of 10 Mayor Johnson asked if an applicant would need to meet all of the criteria contained in the policy. Housing Manager Barnes replied that the Council has the ability to deviate from the policy as long as there is justification, and notice is provided to the Department of Economic Development. Mayor Johnson opened the public hearing for testimony. 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 Establishing a Policy for Considering Business Subsidies in Compliance with Minnesota Statutes 116.994 (2004-353). Mayor Johnson noted if the policy were approved, the City would be setting its wage floor at 200% of the federal minimum wage, which would be $10.30 per hour. She indicated her interest in increasing that amount due to housing and living costs. Community Development Director Hurlburt stated that if the Council would desire a different rate, that it be a percentage of the minimum rate versus a set dollar amount. Motion was made by Mayor Johnson, and seconded by Councilmember Black, to amend it No. 8 of the Policy and Resolution by adding, "at least 50% of the positions would be at 200% of the minimum wage and 50% would be at 300% of the minimum wage. With Slavik, Black, and Johnson voting yes, and Stein, Neset, Bildsoe, and Hewitt voting no, the motion failed. The Council voted on the main motion and with all members voting in favor but Johnson, the motion carried. General Business 8.1) Ordinance Amending Chapter 1325 of the City Code regarding the Operation of Snowmobiles Police Chief Goldstein reported on the proposed amendment to Chapter 1325 of the City Code regarding the operation of snowmobiles, which was previously discussed and tabled by the Council at the July 13 meeting. He explained the Police Department contacted several other jurisdictions to learn about their community's snowmobile ordinances. The department considered the City's growth in population, traffic congestion, overall development, and limited enforcement ability. He stated the Northwest Trail Association was contacted regarding the proposed ordinance. Adopted Council Minutes Regular Meeting of August 24, 2004 Page 5 of 10 Ronald Olson, 4830 Wellington Lane, acknowledged that the City has changed and grown; however, when the rules were changed, it left snowmobilers with very little options to enjoy their sport. He stated he feels there could be a better way to address the situation without limiting the sport. He stated that snowmobilers need access to the trail as well as to gas stations. He stated the Council would be discouraging a very positive activity. James Prom, 5760 Oakview Lane, stated he would like to know how many complaints need to be filed with the City before trails are removed. He stated this is Minnesota, and six months out of the year, it is winter, and snowmobilers should have just as much accommodations as bikers, skaters, etc. Mayor Johnson asked staff how many complaints there have been and are they increasing. Police Chief Goldstein replied there were 19 complaints in 2003. However, during the three previous years, there were very few complaints. Over the course of the past 12 to 13 years, there have been an average of 20 complaints per year. A discussion was held on there being no access areas on the State trail on Highway 55 due to developments that have occurred along that corridor. Also, a lieutenant from the Hennepin County Water Patrol, discussed the methods of enforcement on the lakes in the City. Motion was made by Councilmember Hewitt, and seconded by Councilmember Black to adopt an Ordinance Amending Chapter 13 of the Plymouth City Code concerning Snowmobile Regulations (Ord2004-19). Mayor Johnson asked if there could be any "remnant" pieces of property that the City could consider for official access to the State trail on Highway 55 as part of the Comprehensive Plan. Community Development Director Hurlburt replied this could be reviewed when the Comprehensive Plan is updated. Mayor Johnson asked if the City could pursue partnerships with the VFW or the driving range for access options to the trail. She stated snowmobiling is an important recreational opportunity, and cut -through traffic through neighborhoods could be limited by providing official access points. Councilmember Black stated perhaps there could be some type of access point under the City's water tower. She also suggested that perhaps the Park and Recreation Advisory Committee PRAC) could review access point(s) to the State trail. Councilmember Slavik stated that she would support efforts to locate access point(s) on Highway 55 to the State trail. A friendly amendment was made to the main motion to direct PRAC to review possible access point(s) on Highway 55 to the State trail. Adopted Council Minutes Regular Meeting of August 24, 2004 Page 6 of 10 There being no further discussion and with all members voting in favor of the amended motion, the motion carried. 8.2) Award of Bid for 2004 Mill and Overlay, Phase 2 (4115) Public Works Director Faulkner reported on the bids received for the above project. He stated staff is recommending that the Council award the bid to the low bidder, Bituminous Roadways, Inc. with a base bid of $455,774.90 as well as Alternates 1 (mill and overlay of Carlson Parkway from the I-494 bridge to County Road 61) and 2B (small easement from Sunset Hills Elementary School) in the amount of $614,887.05. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik, to adopt a Resolution Awarding Bid for 2004 Street Mill and Overlay Improvements (Part 2) as recommended by staff (Res2004-354). With all members voting in favor, the motion carried. 8.3) Award of Bid for Public Safety Building/City Hall Expansion/Remodel Project Police Chief Goldstein and Bill Wolters, of Constructive Ideas, reported on the bids received for the Public Safety building /City Hall expansion/remodel project. They requested that the Council award the bid to the lowest bidder, Maertens-Brenny Construction Company, in the amount of $8,469,150. Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe, to adopt a Resolution Awarding Bid for the Public Safety/City Hall Expansion Remodel Project and Authorizing the Mayor and City Manager to Enter into a Contract as recommended by staff Res2004-355). With all members voting in favor, the motion carried. 8.4) Consider Bid Award for Water Treatment Plants Renovation and Expansion Public Works Director Faulkner reported on the bids received for the Zachary and Central Water Treatment Plants renovation and upgrade and recommended the Council award the bid to Knutson Construction Services in the amount of $19,429,909.60. Greg Johnson, Project Manager with SHE Inc., noted that the cost estimate was 11% lower than the lowest bid, but they would be reviewing that. He stated that the bids were very competitive and were within a five percent spread. He noted that there would be $338,402 in contingency for this project. Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe, to adopt a Resolution Awarding Bid for Zachary and Central Water Treatment Plants Expansion and Upgrade (2032) as recommended by staff (Res2004-356). With all members voting in favor, the motion carried. Adopted Council Minutes Regular Meeting of August 24, 2004 Page 7 of 10 8.5) Consider Variance for Lot Width to allow a Minor Subdivision to Create Two Lots for Property located at 5780 Oakview Lane North (Boyer Palmer — 2004054) Community Development Director Hurlburt reported on the request of Boyer Palmer, 5780 Oakview Lane North, for a Variance to lot width to allow a minor subdivision to create two lots on his property. She explained Mr. Palmer desires to subdivide the property and construct a smaller home on the newly created southern parcel. She stated this request is a two-phase application for a 1) a Variance to allow a lot width of 41.8 feet where 110 feet is required; and a 2) a minor subdivision (reviewed administratively) to split the property into two lots. She stated the Planning Commission has recommended denial of the Variance. She stated Mr. Palmer's surveyor has submitted correspondence regarding the applicant's hardship. First, the surveyor has stated that a series of amendments to the Zoning Ordinance created the hardship for Mr. Palmer. Over time, the changes to the way the lot width is measured reduced the overall lot width and consequently caused the hardship because the width of the property increases as the distance from the street increases. She stated that staff has noted that this is typical for lots on cul-de-sacs. She stated the applicant's surveyor correctly stated that the way the City measures lot width has changed over time. Lot width used to be simply measured at the setback, and the City has reduced the setbacks twice. Initially, the front setback was 50 feet, and in the late 1970s it was changed to 35 feet, which resulted in Mr. Palmer's original application for a Variance to the lot width in 1979. In 1996, the City adopted a 25 -foot setback for this zoning district and the current definition of lot width, which states that lot width is "the horizontal distance between the side lot lines measured at right angles to the lot depth, at the minimum setback line." Secondly, Mr. Palmer's surveyor stated that the City originally intended for two lots, because of the installation of two separate sets of sewer and water services in the late 1970s. She stated staff researched the project and found no reference to the number of services installed. As assessments for the sewer and water projects have always been based on the amount of square footage for each parcel and assessments for streets based on lineal street frontage, Mr. Boyer was not charged additional assessments based on the number of potential lots that could be created. Lastly, Mr. Palmer's surveyor indicated that Mr. Palmer originally intended to subdivide the parcel into two lots at some point in the future. However, there is no indication of that in the 1968 subdivision file. hi 1979, Mr. Boyer stated that he originally created the oversized lot to construct a tennis court and his reasons for wanting to subdivide the property included no longer wanting to maintain the additional property and wanting to spread the assessments for infrastructure improvement projects over two lots instead of one. Jeremy Steiner, 101 1" Street South, attorney representing Mr. Palmer, explained Mr. Palmer was the original developer, and he retained the one lot (lot 6) at the end of the cul-de-sac. Mr. Palmer constructed their home on the far northern portion of the lot, and he did that with the Adopted Council Minutes Regular Meeting of August 24, 2004 Page 8 of 10 intent that there could be future use of the southern portion of the lot. He stated the Palmers are elderly, and it's very difficult for them to maneuver in their large home. He noted that they desire to continue living on Bass Lake, and the purpose for dividing the parcel is to construct a new home on the southern portion. The new home would be equipped with an elevator and wider doors to accommodate their needs. He commented that this is a very unique piece of property, and the hardship is difficult to apply. However, he feels Mr. Boyer has met the criteria for granting the Variance. He stated the City needs to consider that southern portion of the lot would be a conforming lot according the Zoning Ordinance. He explained this parcel was a legally conforming lot in 1968 when it was platted, and only a Variance is needed to split the lot. He reiterated that the City has changed the front setback over the years while not changing lot width. This created a pie shape lot that would be considered non -conforming. He explained Mr. Palmer's existing home is 80 to 90 feet back from the front lot line, and the size of the southern portion of the lot would be similar to the adjacent lots. He noted that none of the other lots on Oak -view Lane conform to the City's front setback and the 110' lot width setback requirements. Therefore, it doesn't make sense to apply technical requirements to Mr. Palmer's property. Councihnember Bildsoe asked if the Palmers have considered adapting their current home to meet their needs. Mr. Steiner replied that wouldn't be possible. Mayor Johnson stated Mr. Steiner's argument is that there have always been two lots, and that is incorrect, as there has been just one parcel. In addition, the second lot doesn't exist as the City made the changes. Mr. Steiner asked what is wrong with development of a conforming lot. He stated it was always the intention of Mr. Palmer to divide and plat the southern portion of that parcel. If he'd known that the City was going to change the front lot widths without changing the side widths, he would've applied for this sooner. Roland Jurgens, surveyor, stated the reason why they laid out the lot lines the way they did was for one conforming lot, that being the southern portion. He stated in 1968, this parcel could've been two lots, and it should've been two lots. He stated that they desire to make this parcel into two lots so the Palmers can use the property as they had intended. He illustrated a shared driveway that would be constructed to serve both homes and stated that they located it where they did in order to minimize grading. He also illustrated the proposed house pad for the new home that would be 2,100 square feet. He reiterated that there are two sets of utility services for this parcel, and they feel that this is a technical issue whereby the City was involved in creating the hardship. James Prom, 5760 Oakview Lane, stated he, as well as some other adjacent neighbors, object to this application. He explained the area for the new house on the southern portion would be limited due to the shared driveway. Therefore, the majority of the driveway would affect the southern portion of the parcel. He stated Mr. Palmer had originally intended to construct a one- Adopted Council Minutes Regular Meeting of August 24, 2004 Page 9 of 10 story home, but when they were made aware that there was opposition, they changed it to a two- story home. Michael Swanson, 6000 Kirkwood Lane North, stated he supports Mr. Palmer's request as that parcel is very large, and he wants to stay in the neighborhood. He noted that other parcels have been divided. Jason Reynolds, 12535 58th Avenue North, stated he supports Mr. Palmer's request. He stated in terms of valuation of properties, there are several nice homes on the lake, and he doesn't feel this would be a direct impact on those homes. He stated the Palmers are good stewards of the lake, and he doesn't want to see them leave. Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adopt a Resolution Approving Variance to the Minimum Lot Width to allow a Minor Subdivision to Create Two Lots for Property located at 5780 Oakview Lane North (2004054). Councilmember Black stated she feels the Zoning Ordinance has created a hardship for the Palmers, and she noted that the other lots in the subdivision don't meet the width requirements. She stated what is being proposed wouldn't be that big of a physical change to this parcel, and the existing home wouldn't really change the appearance of the neighborhood. Councilmember Stein noted Variances that the Council had approved for similar situations. Community Development Director Hurlburt stated every parcel/application is unique. There being no further discussion and with Stein, Black, and Bildsoe voting yes, and Neset, Hewitt, Slavik, and Johnson voting no, the motion failed. Motion was made by Councilmember Hewitt, and seconded by Councilmember Neset, to adopt a Resolution Denying a Request for a Variance to the Minimum Lot Width to allow a Minor Subdivision to create Two Lots for Property located at 5780 Oakview Lane North (,2004054). Councilmember Slavik noted that the Palmers would still have the option of removing their existing home and constructing the home that they are proposing. Mr. Steiner stated that the Council should have no difficulty in legally granting the Variance as the lot has unique physical characteristics. He stated the question as to why the Palmers don't remove their existing home and construct their proposed home there has nothing to do with the Council's decision in granting the Variance. He reiterated that this is a very large parcel of property, and there is definitely a hardship for the Palmers. Therefore, he requested that the Council reconsider their decision. Boyer Palmer, applicant, explained the medical conditions that he and his wife are experiencing and his desire to continue residing in this neighborhood. Adopted Council Minutes Regular Meeting of August 24, 2004 Page 10 of 10 The Council took a five-minute break. Motion was made by Mayor Johnson, and seconded by Councilmember Johnson, to amend the main motion to adopt a Resolution Approving the Variance with the condition that the shared driveway access would be realigned to equally split between the two proposed lots (Res2004- 357). Mayor Johnson commented that by moving the shared driveway further to the north, that would reduce the impervious surface impact to the southern portion of the parcel. The Council voted on the amendment, and with all members voting in favor, the motion carried. The Council voted on the amended main motion and with all members voting in favor, the motion carried. Reports and Staff Recommendations There were no Reports and Staff Recommendations). Adiournment Mayor Johnson adjourned the meeting at 10:03 p.m. 177) andra R. Paulson, City Clerk