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HomeMy WebLinkAboutCity Council Minutes 02-21-1995MINUTES REGULAR COUNCIL MEETING FEBRUARY 21, 1995 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 8:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on February 21, 1995. PRESENT: Mayor Tierney; Councilmembers Helliwell, Granath, Edson, and Lymangood. Councilmember Wold arrived at 8:05 p.m. ABSENT: Councilmember Anderson. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Park Director Blank, Public Safety Director Gerdes, Property Management Coordinator Tabery, Fire Chief Kline, City Attorney Knutson, and City Clerk Ahrens. ITEM 3-A FORUM - ACCESS TO GLEASON LAKE Brian Knox, 16725 12th Avenue North, addressed the Council regarding access from his property to Gleason Lake. He stated that there is a lot between his property and the lake that is totally under water. This parcel is owned by Sandra Vrooman. He has been accessing the lake over this parcel for the last 20 years, but the access has become an issue in the last three days. He asked why the access issue has arisen at the same time as a variance will be considered for FEC Construction on the abutting lot. Mr. Knox stated that the Plymouth Police and DNR have indicated that he has a right to cross the lot to access the lake. He would like to know the intentions of Sandra Vrooman and of FEC Construction with respect to his lake access. Manager Johnson said that the Police Division and the City Attorney have this under review, and no conclusion has yet been reached. A status report will be provided to the Council in the next several weeks. ITEM 4-A 1993 PEDESTRIAN SAFETY AWARD Public Safety Director Gerdes introduced Diane Rodine representing AAA. Diane Rodine, AAA Minneapolis, presented Mayor Tierney with the 1993 Pedestrian Safety Citation Award for the City having a second consecutive year with no pedestrian fatalities. Regular Council Meeting February 21, 1995 Page 2 ITEM 4-B OATH OF OFFICE Fire Chief Kline introduced Firefighter James Lanning. Clerk Ahrens administered the Oath of Office to Firefighter James Lanning. ITEM 4-C 1994 PARK AND RECREATION ADVISORY COMMISSION ANNUAL REPORT Don Anderson, Chairperson of the Park and Recreation Advisory Commission presented the 1994 Park and Recreation Advisory Commission annual report. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to accept the 1994 Park and Recreation Advisory Commission Annual Report. Motion carried, six ayes. ITEM 5 APPROVE AGENDA Manager Johnson requested that the award of bids for City Center expansion project furnishings be added to the agenda. MOTION was made by Councilmember Lymangood, seconded by Mayor Tierney, to add the award of bids for City Center expansion furnishings as Item 9-D. Councilmember Lymangood stated that while he has no objection to the requested bid award, but he doesn't support adding items to the agenda at the meeting - particularly an expenditure. Manager Johnson stated that staff tried to mitigate the effect of this change by putting it on cable TV and adding it to the agendas that were provided to the public and the media. Councilmember Granath asked if the issue needs to be addressed this evening, rather than deferring it to a future meeting. Manager Johnson stated that staff has learned that there will be up to an eight week delay in ordering the furniture. The furniture may not be available until two weeks after Phase I of the construction is completed. Motion carried: five ayes; Lymangood nay. Regular Council Meeting February 21, 1995 Page 3 MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to approve the agenda as amended. Motion carried, six ayes. ITEM 6 CONSENT AGENDA Item 6-0 was removed from the Consent Agenda and placed as Item 8-C. Councilmember Helliwell requested that her "nay" vote be reflected for Item 6-N, but the item remained on the Consent Agenda. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to approve the Consent Agenda as amended. Motion carried, six ayes. ITEM 6-A APPROVE MINUTES MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to approve the minutes of the January 3 regular council meeting. Motion carried, six ayes. ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-114A APPROVING DISBURSEMENTS FOR THE PERIOD ENDING FEBRUARY 9, 1995. Motion carried, six ayes. ITEM 6-C ESTABLISH SPECIAL COUNCIL MEETING MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-115 ESTABLISHING SPECIAL COUNCIL MEETING ON MARCH 13. Motion carried, six ayes. Regular Council Meeting February 21, 1995 Page 4 ITEM 6-D AUTHORIZE FIRE DEPT. EXPLORER POST MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to authorize the Plymouth Fire Department to establish a Boy Scouts of America Explorer Post in the Fire Department and authorize the City Manager to execute the Boy Scouts of America Charter Agreement. Motion carried, six ayes. ITEM 6-E APPROVE FIRE MUTUAL AID AGREEMENTS MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-116 APPROVING FIRE MUTUAL AID AGREEMENT WITH SOUTHWEST MUTUAL AID ASSOCIATION. Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-117 APPROVING FIRE MUTUAL AID AGREEMENT WITH LAKE REGION MUTUAL AID ASSOCIATION. Motion carried, six ayes. ITEM 6-F APPROVE AGREEMENT WITH BROOKLYN PEACEMAKER CENTER MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to authorize the Public Safety Department to enter into a short-term agreement with the Brooklyn Peacemaker Center in order to assess their juvenile program for possible inclusion in the 1996 budget request. Motion carried, six ayes. ITEM 6-G TELECOMMUNICATIONS SYSTEM BID MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-118 AUTHORIZATION TO SOLICIT BIDS FOR TELECOMMUNICATIONS AND VOICE MAIL SYSTEM. Motion carried, six ayes. Regular Council Meeting February 21, 1995 Page 5 ITEM 6-11 RENTAL PAYMENT FOR PLYMOUTH SENIORS TO WEST MEDICINE LAKE COMMUNITY CLUB MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to approve the payment of rent in the amount of $2,000 for 1995 to the West Medicine Lake Community Club on behalf of the Plymouth Senior Citizens group. Motion carried, six ayes. ITEM 6-I AWARD BID FOR 1995 REFORESTATION CONTRACT MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-119 APPROVING 1995 REFORESTATION CONTRACT. Motion carried, six ayes. ITEM 64 AWARD CITIZEN SURVEY CONTRACT MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-120 AWARDING THE CONTRACT FOR 1995 CITIZEN SURVEY. Motion carried, six ayes. ITEM 6-K PRELIMINARY ENGINEERING REPORT FOR 1995 STREET RECONSTRUCTION PROGRAM, PROJECT 501 MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-121 RECEIVING REPORT AND CALLING FOR HEARING ON IMPROVEMENTS, 1995 STREET RECONSTRUCTION PROGRAM, CITY PROJECT NO. 501. Motion carried, six ayes. ITEM 6-L FINAL PAYMENT FOR PROJECTS MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-122 REQUEST FOR PAYMENT NO. 8 AND FINAL, WATERMAIN ]IMPROVEMENTS, FERNBROOK LANE, CITY PROJECT NO. 311; MAPLE GROVE CONNECTION, CITY PROJECT NO. 110; WELL NO. 11, CITY PROJECT NO. 909; AND VICKSBURG LANE IMPROVEMENT, CITY PROJECT NO. 907. Regular Council Meeting February 21, 1995 Page 6 Motion carried, six ayes. ITEM 6-M FINAL PAYMENT FOR PROJECT 031 MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-123 REQUEST FOR PAYMENT NO. 6 AND FINAL, C.S.A.H. 24/MEDINA ROAD - PHASE I, CITY PROJECT NO. 031. Motion carried, six ayes. ITEM 6-N AWARD CONTRACT FOR 26TH AVENUE IMPROVEMENTS, PROJECT 601 MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-124 AWARDING BID, 26TH AVENUE STREET IMPROVEMENTS, CITY PROJECT NO. 601. Motion carried, five ayes; Helliwell nay. ITEM 6-P APPROVE WETLAND FILL/REPLACEMENT PLAN FOR P.O.S. BUSINESS SYSTEMS MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-125 APPROVING WETLAND REPLACEMENT PLAN FOR P.O.S. BUSINESS SYSTEMS, INC. Motion carried, six ayes. ITEM 6-0 AMEND SPECIAL ASSESSMENT POLICY MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-126 REVISING SPECIAL ASSESSMENT POLICY, STREET RESURFACING AND RECONSTRUCTION. Motion carried, six ayes. Regular Council Meeting February 21, 1995 Page 7 ITEM 6-R APPROVE FINAL PLAT FOR INVERNESS (94028) MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-127 APPROVING FINAL PLAT FOR HENRY LAZNIARZ FOR PROPERTY LOCATED ON THE NORTH SIDE OF COUNTY ROAD 6 AT YELLOWSTONE LANE NORTH (94028). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-128 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO THE FINAL PLAT FOR HENRY LAZNIARZ FOR PROPERTY LOCATED ON THE NORTH SIDE OF COUNTY ROAD 6 AT YELLOWSTONE LANE NORTH (94028). Motion carried, six ayes. ITEM 6-S APPROVE CONDITIONAL USE PERMIT FOR U.S. WEST AERIAL TOWER (94161) MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-129 APPROVING CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A RADIO ANTENNA AT U.S. WEST, 9700 SCHMIDT LAKE ROAD (94161). Motion carried, six ayes. ITEM 6-T SITE PLAN AMENDMENT FOR STATE FARM INSURANCE COMPANY (94166) MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-130 APPROVING MPUD FINAL SITE PLAN AMENDMENT FOR STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF PLYMOUTH BOULEVARD AND 37TH AVENUE NORTH (94166). Motion carried, six ayes. Regular Council Meeting February 21, 1995 Page 8 ITEM 6-U BEAUTIFUL SAVIOR LUTHERAN CHURCH (94160) MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-131 APPROVING SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCE FOR BEAUTIFUL SAVIOR LUTHERAN CHURCH FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF NORTHWEST BLVD. AND SCHMIDT LAKE ROAD (94160). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt ORDINANCE 95-12 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED AT THE NORTHWEST CORNER OF NORTHWEST BLVD. AND SCHMIDT LAKE ROAD (94160). Motion carried, six ayes. ITEM 6-V APPROVE I-494 CORRIDOR COMMISSION CONSULTANT CONTRACT MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to approve the expenditure of $177,000 by the I-494 Corridor Commission for services from LJR, Inc. Motion carried, six ayes. ITEM 6-W APPROVE CHANGES TO EMPLOYEE FLEXIBLE BENEFIT ACCOUNT PLAN MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-132 APPROVING CHANGES TO EMPLOYEES FLEXIBLE BENEFIT ACCOUNT PLAN. Motion carried, six ayes. Regular Council Meeting February 21, 1995 Page 9 ITEM 6-X APPROVE AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to approve the First Amendment to Employment Agreement between the City and Dwight D. Johnson, and authorizing the Mayor to sign it on behalf of the City. Motion carried, six ayes. ITEM 6-Y APPROVE SALARY ADJUSTMENT FOR CITY MANAGER MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-133 AUTHORIZING AN INCREASE IN THE SALARY OF THE CITY MANAGER FROM $86,500 TO $89,000 EFFECTIVE FEBRUARY 27,1995. Motion carried, six ayes. ITEM 6-Z TAXICAB AND TAXI DRIVER LICENSE MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-134 APPROVING TAXI DRIVER LICENSE FOR RAY BIGDELI. Motion carried, six ayes. ITEM 6 -AA PROCLAMATION FOR VOLUNTEERS OF AMERICA WEEK MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-135 PROCLAIMING VOLUNTEERS OF AMERICA WEEK, MARCH 5-12,1995. Motion carried, six ayes. ITEM 8-A FEC CONSTRUCTION. LOT DIVISION AND VARIANCE (94156) Community Development Director Hurlburt presented the staff report on the application of FEC Construction for lot division and variance located at 16705 12th Avenue North. The applicant is requesting approval to permit the division of a 118,900 sq. ft. parcel into two single family lots. There is an existing home on the property. The variance would allow the creation of a lot with 30 feet of width at the front setback line versus the required 110 ft. minimum width. The proposed Regular Council Meeting February 21, 1995 Page 10 lot sizes would be 89,035 sq. ft. and 29,865 sq. ft. Both parcels would have over 18,500 sq. ft. above the Ordinary High Water mark, which is the required minimum lot size in the R-1 A Zoning District. She said that because this is an odd shaped parcel and rather narrow at the street frontage, each lot would not meet the 110 ft. lot width requirement. One parcel would have a 30 ft. access to the road and then widen toward the lake. The existing home would be on that parcel. If the existing home were removed, another home could be built on the property. Director Hurlburt described information considered at the public hearing and noted that the Planning Commission found there was no hardship in this case that was caused by the Zoning Ordinance. The lot was in this configuration when the property owner purchased it. She said the Planning Commission recommended denial, but the Council could approve it if there are findings that there is a hardship or there are some unusual conditions that justify the variance. The Council could also table the request for further information. Staff has recommended denial based on the findings of the Planning Commission. Councilmember Helliwell asked what additional information could be obtained if the Council tabled the request. Director Hurlburt responded that she knows of no additional information, other than the question of lake access which arose at the Forum, which may or may not be related to this application. She said the Council is under no obligation to act tonight because there is no legal time constraint in which to act on a variance application. Mayor Tierney noted that the staffs recommendation to the Planning Commission did not appear to be a strong denial recommendation. Director Hurlburt stated the staff recommendation is based on the Planning Commission findings. She believes there could be reasons to deny or to approve the request. Ralph Burgess, FEC Construction, 2765 Niagara Lane, introduced the property owner, Sandra Vrooman. Sandra Vrooman, 16705 12th Avenue North, stated that the staff report to the Planning Commission indicated, in the case of the first variance standard, that the request meets the standards based on the particular physical surroundings and shape of the site. A particular hardship to the owner would result rather than mere inconvenience. On the second standard, the report indicated that the conditions of the variance are unique to this parcel due to the unusual shape of the property. Regular Council Meeting February 21, 1995 Page 11 She stated that this parcel is unique due to its unusual size of 118,000 sq. ft. and its unusual shape. She said that if this parcel had been divided when the rest of the area was developed, there would have been no need for a variance in order to subdivide this parcel into two lots. Ms. Vrooman said that the adjacent Aldrich property which was built nine years ago has only 89 ft. lot width at the street. She noted there are also other parcels with less than the required 110 ft. width at the street. She stated the Wedin property does not have lot width on 12th Avenue, but rather a driveway easement to the lot. She stated that with respect to the third variance standard, the staff report indicated that the driving force behind this request is for financial gain. She said that staff may have assumed that conclusion but never discussed it with her or FEC Construction. She said that if the approval is granted, it would financially benefit the entire neighborhood due to the type of homes FEC Construction would build. There would also be financial gain to existing property owners who would have the opportunity to purchase the lake shore adjacent to their properties. Those properties currently do not have legal lake access. She said that approval will also benefit the area because the site will cease to be used for illegal dumping and the woods and wetlands will be protected from further damage. She stated that to the fourth variance standard, the staff report indicated that the difficulty is not caused by anyone having an interest in the property. When she purchased the property nine years ago, she did not have a survey. However, it was clearly visible that the parcel was five times larger than other parcels in the area and the lot width was two to three times larger than other lots. The minimum lot width requirement was increased after this area was developed. She stated that the staff report also indicated that the variance would not be detrimental to the public welfare or injurious to other land. The report further indicated that due to the shape of the easterly lot, the home on the east lot could not be constructed beside the home on the west lot. One home would have to be behind the other; therefore, the intent of requiring a minimum lot width to provide spacing between homes would be met by the proposed lot division. She said that the neighbors should not continue clear cutting the woods, wetlands, and shoreline. She stated it is her legal right to have reasonable use of her property without unjust hardships imposed by illegal acts of neighbors or to be denied a variance when that standard is met. She requested that the variance be granted. Councilmember Helliwell asked Ms. Vrooman if she would be willing to consider subdividing some of the lake shore portion of the site for purchase by the abutting property owners so they could have legal access to the lake. Regular Council Meeting February 21, 1995 Page 12 Mr. Vrooman stated she would consider that whether or not the requests are granted. Councilmember Lymangood stated that the legal allegations will not be resolved tonight; however, it is appropriate to consider the variance standards. The discussion should be limited to the requests. Ralph Burgess, President of FEC Construction, 2765 Niagara Lane, stated that FEC has a purchase agreement with Sandra Vrooman. If FEC becomes owner of the property, FEC would offer for sale at a fair market price the lake shore property in front of the adjacent homes. Mr. Burgess explained the variance request, and stated that the DNR has no objection to the City approving the subdivision as proposed. He stated that the total lot size is 2.73 acres. This is a substantial parcel of land and the westerly portion would be offered for sale to the neighbors for lake shore. He stated that the proposed division would result in saving a number of trees along the lot line, and the two proposed homes would have space around them consistent with other homes in the neighborhood. The driveway could be made wider if needed. Mr. Burgess compared aspects of the proposed two new lots with other existing lots in the neighborhood. Mr. Burgess stated that some of the neighbors indicated concern of the additional traffic one home will create. He lives in the area, and noted there is very little traffic on this street. He stated that the grade, the natural features, and as many trees as possible will be retained on the parcel. It is their intention to keep the natural forest floor and underbrush behind the properties. He noted that some of the neighbors indicated they want the natural features on this site to remain, although they have removed substantial trees from their own properties and have damaged the Vrooman property by laying sod and removing trees on the Vrooman property. Councilmember Lymangood stated that the purported actions of neighbors does not relate to this discussion. He asked that speakers keep their comments limited to the variance request. Councilmember Granath agreed that it is not immediately relevant. Mr. Burgess said there was an offering by the neighbors to purchase land on each side of the Vrooman parcel. He said the neighbors offered about $25,000 for the purchase of about 30 feet on each side. He said that 30 feet would provide about 3 acres on one side and .25 acres on the other side. If it was their intention to purchase the land to the lake, they would also gain lake shore. Mr. Burgess said that this parcel is sizable and more than adequate to support two homes. Regular Council Meeting February 21, 1995 Page 13 Councilmember Helliwell asked if two new homes will be built if the approval is granted, or if the existing cabin would remain. Mr. Burgess stated that two new homes are proposed. Ms. Vrooman clarified that the purchase agreement specifically states that she is selling the lot on the east if it can be divided, and FEC has the option to purchase the lot on the west at a future date that has not yet been named. 7anel LaBoda, 16815 12th Avenue North, stated she lives three parcels to the west of the subject property. She is strongly opposed to the variance request. She purchased her property about five years ago for the reasons of privacy and large lot sizes. Now, two large homes are proposed on one lot. She said there will be increasing pressure on the Council to increase the density around the lakes in Plymouth and the large lots need to be maintained. Daniel Aldrich, 1200 Dunkirk Lane, spoke on behalf of neighbors opposed to the request. Mr. Aldrich disputed whether Ms. Vrooman has owned her property for nine years as she earlier indicated. Councilmember Lymangood again requested that speakers stay relevant to addressing the variance and lot division requests. Mr. Aldrich stated that Ms. Vrooman indicated that she is willing to subdivide the property between the adjacent parcels and the lake. He asked why she was not willing to consider that earlier. He noted that there are 19 neighbors opposed to the requests because the development would result in additional traffic and noise. Also, there will be loss of privacy and beauty, and he questioned the benefit to the community. Mr. Aldrich stated that the Planning Commission voted unanimously against the request, and only the property owner and developer are for the request. He said that Plymouth is a beautiful place to live because of the spaciousness of lots. Mr. Aldrich stated that the petitioner said the variance request is not based on financial gain. He showed a letter from Mr. Burgess dated December 29, 1994, which indicated that his interest is to build more expensive homes in the area and to enhance the value of the nearby properties. He said that under Minnesota law, applicants for variances have a heavy burden to show that approval of a variance is appropriate. He stated that the required heavy burden has not been met in this case, and he referenced several court decisions relating to variances. FEC must prove that the property cannot be put to reasonable use without the variance, and the developer has the option of building one home, rather than two. This would be reasonable use of the property. In a Mendota Heights case relating to denial of a Regular Council Meeting February 21, 1995 Page 14 similar application, the court found that denial did not deprive the landowner of the reasonable use of his property. Mr. Aldrich stated that FEC must also prove that the hardship was not created by the property owner. He said the Planning Commission correctly found that the difficulty was not caused by the 1987 ordinance requiring a 110' width frontage, but rather by the purchase of the property by Sandra Vrooman and, subsequently, by Mr. Burgess. Mr. Aldrich cited additional statutes relating to this type of request. Councilmember Granath asked that Mr. Aldrich refrain from presenting an explanation of the law to the Council. The City has its own legal counsel. Mr. Aldrich stated that FEC has not demonstrated that approval of this request would not change the character of the neighborhood. He said that he and his neighbors believe that the request would change the character through increased traffic and decreased privacy. He stated that FEC must also prove that the request is not entirely economic. No evidence to the contrary has been presented. Gordon R. Olson, 16815 12th Avenue North, stated he is opposed to the request. He said that one home could be built on this parcel and a profit could still be made, particularly if a portion is sold to adjacent property owners for lake access. He stated that other property owners could make the same type of request to subdivide their parcels to build additional homes. Ms. Vrooman stated that she purchased her property in 1987. She stated there are about 70 homes on 12th Avenue and Dunkirk Lane in this area, and many persons did not sign the petition opposing the requests. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-136 APPROVING LOT DIVISION AND VARIANCE FOR FEC CONSTRUCTION LOCATED AT 16705 12TH AVENUE NORTH (94156), and RESOLUTION 95-137 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION AND VARIANCE FOR FEC CONSTRUCTION FOR PROPERTY LOCATED AT 16705 12TH AVENUE NORTH (94156). Mayor Tierney asked the City Attorney to comment on the issue. Attorney Knutson recommended that the Council could make findings to either approve or deny the requests. He suggested that if the Council votes to approve the variance, the staff be directed to prepare detailed findings for consideration by the Council at the next meeting. The findings would address each of the variance criteria explaining the basis of the Council's decision. Resolutions 95-136 and 95-137 were combined into one resolution: 95-136. Regular Council Meeting February 21, 1995 Page 15 Councilmember Helliwell stated she is uncomfortable approving a resolution without the detailed written findings. She stated this has been a difficult issue that has divided this neighborhood. She understands that the petitioner has the right to develop the property, but she supports only one new home on the property. She will not support a variance which could allow construction of two new large homes on the parcels. Councilmember Edson stated that if the resolutions are adopted by the Council, it is his intent to direct the City Attorney to present findings for consideration at the next meeting. Councilmember Wold stated that this is a parcel of significant size, and he does not believe that two homes could be excessive on 118,000 sq. ft. He stated that the parcel is of unusual shape and the primary hardship is the unique shape of the land. Mayor Tierney agreed, and stated that the City is not setting future precedence based on this action. Councilmember Granath agreed that the primary finding for approval is the unique physical characteristics of the lot. Attorney Knutson explained that most of the case law on variances is where a City denies a variance and the question for the Court is "Is the City required to issue a variance?" That is a very different issue than the question of whether the City has the right to grant a variance. Also important is considering undue hardship. He stated that undue hardship requires a showing that the property owner would like to use the property in a reasonable manner that is permitted by the Ordinance - not that the property can't be put to any use. If the property can't be put to any use, then the Council has no discretion and must approve the variance. Motion carried: Granath, Edson, Wold, and Tierney ayes; Helliwell and Lymangood nays. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to direct the City Attorney to prepare detailed findings supporting the variance approval for consideration at the next regular meeting. Motion carried, six ayes. Regular Council Meeting February 21, 1995 Page 16 ITEM 8-B ALIGNMENT OF SCHMIDT LAKE ROAD AND EXTENSION OF HOLLY LANE (94157) Community Development Director Hurlburt presented the staff report on the proposed amendment to the Transportation Element of the Comprehensive Plan for the realignment of Schmidt Lake Road and the extension of Holly Lane North. The Planning Commission recommended this amendment that would show future Schmidt Lake Road between Peony Lane and Vicksburg Lane on a new alignment north of the Soo Line Railroad tracks. The guide plan currently shows this section of Schmidt Lake Road in a location south of the tracks. In addition, Holly Lane would be extended northerly to tie into the realigned Schmidt Lake Road. Director Hurlburt reported on the results of the public hearing. Concerns included impact on residents, cost differential, impact on wetlands and wildlife, and access to the private road north of and contiguous to Holly Lane. She noted that an Environmental Assessment Worksheet (EAW) will be required prior to road construction, and that property owners north of Holly Lane would continue to have access to Holly Lane, and would also have access to future Schmidt Lake Road. The northerly route is preferable for several reasons including less impact on the Hollydale Golf Course, the wetlands, and the railroad. It will also provide a second railroad overpass to northwest Plymouth, with the planned overpass at Peony Lane and align with the entrance to the new high school. Staff recommends approval of this amendment. Jim Burdick, Excelsior, stated he owns land just of the proposed northern route. He spoke in favor of the amendment. MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-138 APPROVING AMENDMENT TO THE TRANSPORTATION ELEMENT OF THE PLYMOUTH COMPREHENSIVE PLAN RELATING TO REALIGNMENT OF SCHMIDT LAKE ROAD AND EXTENSION OF HOLLY LANE NORTH. Councilmember Granath stated he has some strong reservations about the proposed amendment based on the February 7 letter received from Lisa Gustafson and a neighborhood action group. Motion carried: five ayes, Granath nay. Regular Council Meeting February 21, 1995 Page 17 ITEM 8-C (6-0) APPROVE PLANS AND ADVERTISE FOR BIDS FOR PROJECT 509 Public Works Director Moore explained that the owner of Hollydale Golf Course has requested the City to take actions necessary to improve the drainage of Plymouth Creek between Old Rockford Road and Vicksburg Lane because they feel that runoff is no longer draining properly. This impact the useability of their golf course. The City's consulting engineer has investigated the problem and determined that sections of the channel have silted -in and have hampered proper drainage. They have prepared plans for and recommended solutions for improving the drainage and returning it to its original design flow capacity. Director Moore stated that $50,000 is allocated to drainage improvements as part of the 1995 element of the approved Capital Improvement Plan. The estimated cost for the'Plymouth Creek channel cleaning is $20,000. He recommended that the Council approve the plans and authorize bids for the project. Councilmember Wold asked if there are other drainage improvements needed in 1995 and whether the $50,000 would be sufficient. Director Moore responded that no other specific projects are proposed for 1995. Others may come up during the year. Richard Deziel, 16100 46th Avenue North, suggested that the portion of Plymouth Creek north of County Road 9 should be done as well. Director Moore responded that the ditch north of County Road 9 has been excavated in the past. He said that, for the most part, the City does not have right- of-way to access this area. It may also raise questions with the DNR as the purpose of the ditch is to drain wetlands. The County Road 9 culvert controls the drainage coming from the north. Mr. Deziel stated that the northerly area was excavated and is a natural waterway. He believes this area should also be included. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 95-139 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, PLYMOUTH CREEK CHANNEL CLEANING, CITY PROJECT NO. 509. Councilmember Helliwell stated that this portion can be done first. Additional work can be considered on the northerly portion, if needed. Regular Council Meeting February 21, 1995 Page 18 Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Wold, to direct staff to provide a report on issues relating to the portion of Plymouth Creek north of Old Rockford Road, including the need for improvements/cleaning in time to be considered in the next cycle of projects of this nature. Motion carried, six ayes. ITEM 9-A WATER QUALITY COMMITTEE MISSION STATEMENT AND WORK PLAN Manager Johnson stated that in December, the Water Quality Committee presented both a revision to their Mission/Organization Statement and the proposed Work Plan for 1995. The Council deferred action on these items until after study on whether this committee should continue or be replaced by a task force. A subcommittee of the Council recommended that the Water Quality Committee remain for 1995. He recommended that the Council approve the Water Quality Committee recommendations changing the name to the Plymouth Environmental Quality Committee and revising the Mission/Organization Statement. He further recommended that the Council approve the 1995 Work Plan for the Committee. MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-140 REVISING POLICY ESTABLISHING WATER QUALITY COMMITTEE, MISSION/ORGANIZATION STATEMENT, changing the name to Plymouth Environmental Committee. have merit. Councilmember Lymangood stated he served as the Council Coordinating Representative to the Water Quality Committee in 1994. It was his desire that by now, the significant environmental issues facing Plymouth would be identified and under study. He would like the prioritization to occur as quickly as possible. Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to approve the tentative 1995 work plan for the Plymouth Environmental Committee, as presented in the staff report. Motion carried: five ayes; Lymangood nay. Regular Council Meeting February 21, 1995 Page 19 ITEM 9-B APPOINT WATER QUALITY TASK FORCE Manager Johnson stated the Council could void their previous action on November 7, 1994, establishing a Water Quality Task Force, or could give direction to staff on how members are to be selected for the Task Force. He stated that two issues not specifically addressed in the Plymouth Environmental Committee Work Plan are fertilizer regulations and sump pump regulations. Councilmember Lymangood stated that he believes the Council needs to address these environmental issues in a concerted fashion. He stated the Council needs to demonstrate to the citizens that water issues are a priority for the City and will be addressed in a major way in a short period of time. Councilmember Lymangood stated he understands the staffs concern about duplication of efforts and services by having both an Environmental Committee and a Water Quality Task Force, so he proposed a compromise. He suggested that the Water Quality Task Force be comprised of two Councilmembers and staff members, allow for citizen input, with a report back to the full Council within 60 days. He stated that not all avenues to improve water quality in the City have been explored. He would be willing to serve on this Task Force. Councilmember Wold stated he would also be willing to serve. MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to void the previous action on November 7 creating a comprehensive Water Quality Task Force, and to establish a Water Quality Task Force comprised of Councilmember Lymangood, Councilmember Wold, and staff members. The Task Force is directed to report back to the Council in 60 days with specific recommendations on as many aspects of water quality as possible that can be implemented in this calendar year. Motion carried, six ayes. ITEM 9-C REPORT ON RENTAL HOUSING LICENSE AND INSPECTION PROGRAM Community Development Director Hurlburt stated that at the February 7, 1995, meeting, the Council voted to table the adoption of the 1995 proposed fee schedule and directed staff to develop a means by which license fees for the Rental Housing Licensing and Inspection Program would generate an amount sufficient to provide funding for two-thirds of the overall program cost. Since that meeting, staff has done the following: 1) Reviewed the adopted 1995 budget to estimate the actual cost of operating the rental housing licensing program; 2) Reexamined the 1995 revenue estimate; 3) Developed several alternative fee schedules that Regular Council Meeting February 21, 1995 Page 20 would raise sufficient revenues to fund two-thirds of the program costs in 1995; 4) Estimated revenues and fee schedules that would be needed in 1996 to fund two-thirds of the program cost; and 5) Collected additional information about fees charged by other communities for similar programs. She presented several alternatives for establishing the license fees in order to fund two-thirds of the overall program cost. Alternative A would increase the basic license fee only. The disadvantage of this approach is that it has a larger effect on the owners of smaller rental properties. Alternative B increases both the basic license and per unit fees proportionately. This option keeps the same balance between the fees as recommended by the focus group and would affect the owners of all types of rental properties somewhat equally. Alternative C increases only the per unit fee, thereby placing a greater burden on owners of larger buildings. She recommended that the Council adopt an ordinance with a new definition for condominium dwelling units and establishing the fee schedule for all rental properties for 1995 and 1996, consistent with Alternative B. Councilmember Granath asked if annual inspections are really needed and whether biannual inspections could reduce the program cost. Director Hurlburt stated that one of the difficulties in establishing the program is locating the rental properties. Initially it is important that all rental dwellings be inspected on an annual basis to acquire an accurate data base of property conditions as well as to identify the various types of code deficiencies. A large number of life safety code violations have been found in the initial inspections. Inspections could be conducted on a biannual basis once the entire inspection process is established and automated, and an accurate inventory is developed. Staff anticipates this process will take about two years to achieve, and the one staff position devoted to this program could then be devoted partially to other functions. Councilmember Granath stated he has concerns about the cost of the program and believes it would be preferable to have some options to get the initial cost of the program reduced. MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to adopt ORDINANCE 95-13 RELATING TO INSPECTION OF CONDOMINIUM DWELLING UNITS AND RELATED INSPECTION FEES, as recommended by stats. Motion carried: Helliwell, Granath, Edson, and Tierney ayes; Wold and Lymangood nays. Regular Council Meeting February 21, 1995 Page 21 Councilmember Lymangood explained that he disagrees with the need for annual inspections, and noted that only two other cities inspect annually. He also concurred with Councilmember Granath's concern that the City is focusing on fees and how to fund a poorly conceived and implemented program, rather than ways to reduce the overall program cost. Councilmember Wold stated he is concerned about the number of violations. He believes there are serious safety concerns and hope that all apartments can be inspected. ITEM 9-D AWARD BIDS FOR CITY CENTER FURNISHINGS Assistant Manager Lueckert presented the staff report on the award of bids for City Center furnishings. She stated that this item was requested for addition to the agenda because of the long lead time needed for ordering/receiving the furnishings and concerns that a delay could result in legal problems if the building contractor is delayed with construction. She noted that the public was informed that this item could be part of the agenda. MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 95-141 AWARD BIDS FOR CITY CENTER FURNISHINGS. Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Mayor Tierney, to adjourn the meeting at 10:20 p.m. e 4UJL1-1Lt-11 Laurie F. Ahrens City Clerk