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