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
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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.
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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