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HomeMy WebLinkAboutCity Council Minutes 08-12-2014.pdfAdopted Minutes Regular City Council Meeting August 12, 2014 Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 8:05 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on August 12, 2014. COUNCIL PRESENT: Mayor Slavik, Councilmembers Bildsoe, Johnson, Prom, Willis, and Wosje. ABSENT: None. Staff Present: City Manager Callister, Administrative Services Director Fischer, Community Development Director Juetten, Park and Recreation Director Evans, Fire Chief Kline, Police Chief Goldstein, City Attorney Knutson, and City Clerk Engdahl. Plymouth Forum No one was present to address the Council. Presentations and Public Information Announcements Mayor Slavik advised that City filings for local offices closed today, and the filings are on the City's website. The candidate withdrawal period expires on August 14 at 5 p.m. Approval of Agenda Councilmember Johnson requested to add discussion of early appointment of Ward 3 Councilmember prior to the November election as item No. 8.02 under General Business. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis to approve the amended a egnda. With all members voting in favor, the motion carried. Consent Agenda Item No's. 6.04, 6.08, and 6.05 were removed from the Consent Agenda and placed under General Business as items 8.03-8.05 respectively. Adopted Minutes 1 of 6 Regular Meeting of August 12, 2014 Motion was made by Councilmember Bildsoe, and seconded by Councilmember Wosie to adopt the amended Consent Agenda that included the followingitems: tems: 6.01) City Council Minutes from Special Joint Meeting with Wayzata School District 284 on July 14th, Special and Regular Council Meetings of July 22th. 6.02) Resolution Approving Disbursements ending August 2, 2014 (Res2014-251). 6.03) Accept Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program. 6.04) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.03). 6.05) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.05). 6.06) Resolution Approving a Final Plat and Development Contract for U.S. Home Corporation d/b/a Lennar for "Copper Creek" for Property located at 4640 to 4420 Brockton Lane (2013111F Res2014-252) and a Resolution Adopting Assessments for Trunk Sanitary Sewer and Water Main for "Copper Creek" (2013111 — 2014-253). 6.07) Resolution Approving a Final Plat and Development Contract for "Rose Garden" for Property located South of Highway 55 and West of County Road 101 (2014007-F — Res2014- 254). 6.08) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.04). 6.09) Resolution Approving a Variance for Pauly Enterprises, Inc. to retain the Existing Free Standing Pylon Sign at 2995 Harbor Lane (2014044 — Res2014-255). 6.10) Resolution Authorizing Execution of an Amended Joint Powers Agreement for the Utilization by the City of Medicine Lake of City of Plymouth Rental Inspection Personnel Res2014-256). 6.11) Resolution Approving a One -Year Extension of the Development Approvals for Quantum Development for Property located at 12325 Highway 55 (2008052 — Res2014-257). With all members voting in favor, the motion carried. Public Hearings There were no public hearings. Adopted Minutes 2 of 6 Regular Meeting of August 12, 2014 General Business 8.01) Appointment to Plymouth Advisory Committee on Transit Motion was made by Councilmember Johnson, and seconded by Councilmember Wosje, to adopt a Resolution appointing Kira Vanderlan and Harold Onstad to the Plymouth AdvisorX Committee on Transit (Res2014-258). With all members voting in favor, the motion carried. 8.02) Ward 3 Appointment Councilmember Johnson suggested appointing Ward 3 Council candidate Marge Beard in the interim to the Council. Mayor Slavik requested this item be added to the August 19 Special Meeting agenda. 8.03) Rezoning and Preliminary Plat for Fretham 24th Addition (Lake West Development LLC — 2014036) (Previously item No. 6.04) Community Development Director Juetten reported that the applicant has requested a rezoning from RSF 1 toRSF2 along with preliminary plat to allow the subdivision of the property from three parcels into seven parcels. Staff has made a recommendation for approval. The Planning Commission voted 4-2 to deny the applications after hearing testimony from the neighborhood. He stated that once it is rezoned, someone could come forward with a different plat, but it would still need to meet the zoning requirements. It would not be possible to get 25 lots on this property. Mayor Slavik inquired if the property owner of 618 Cottonwood Lane could come back and request a subdivision of their property if the Council denied their application. Community Development Director Juetten replied any subdivision for 618 Cottonwood Lane would determine what happens with 617 Cottonwood Lane and the roadway. Curt Fretham, applicant, reported that at the Planning Commission meeting someone illustrated a map that showed what is zoned RSFI in the area, but many of those lots are non conforming and would actually fit within the standards of the RSF2 zoning district. He feels their plan is appropriate for the area. They will be providing a public benefit by extending that public street to the south. Peter Samargia, 618 Cottonwood Lane, stated this development is not something that he was looking for. He advised they moved to the area because of a dead end street and to be in the Wayzata School District. When they reviewed the plan, they didn't want a road next to their house, but the developer was able to come up with something that worked. He would like the neighborhood to have re -growth. Donald Jensen, applicant, explained they looked into this area, as the properties were undeveloped between the church and the Samareks residence. They submitted this request based on the guide plan and goals of the community. Their minimum lot sizes are closer to 16,000 Adopted Minutes 3 of 6 Regular Meeting of August 12, 2014 square feet and they are doing that to be sensitive to the environment. They expect the neighborhood to not support it, but they are attempting to achieve the written vision of the City. Lauren Lindelof-Leith, 610 Cottonwood Lane, advised she purchased a home based on the plan that she saw as the guide until 2030. Her father lives across the street and she would like to see his wishes and his views be respected of not allowing the zoning change. The proposed plat indicates they are going to put in seven lots, but she feels that could change in the future. Each house brings 10 car trips per day and currently they live on a quiet dead end road. She requested to keep the character of the neighborhood. The only people profiting is the developer and the property owner. She questioned if there was some pre -approval prior to the developer submitting to the plat. She requested the rezoning be denied. Frederick Young, attorney for Leonard Lindelof at 620 Cottonwood Lane, reported it appears they may end up with nine homes being added to the neighborhood. The LA1 land use states the maximum density is three units per acre and the proposed area to be rezoned is 2.9 acres. Councilmember Johnson inquired if zoning trumps guiding land use. Community Development Director Juetten replied zoning allows for the flexibility of lot sizes, but it cannot supersede land use. Mr. Young stated if the zoning was changed to RSF2, there is the potential that they could present a plat that has more units. His client's view is this is spot zoning as the surrounding area is all RSF1 and changing this site would make an island of RSF2. The lots that were showed that were not in'conformance were that way for many reasons, not just their size. His client does not feel this would be a benefit to the neighborhood to add more homes and traffic. Brent Liebersbach, 815 Cottonwood Lane North, stated he purchased his home three years ago. He reviewed the lots in the area that are non -conforming and why they were non -conforming. He feels there is a big difference in the density between RSF1 and RSF2. They would look forward to welcoming new families if the property stayed RSF1. He envisions that now many other property owners would split up and other properties will request the RSF2 zoning. He asked the Council to protect what he has purchased as a homeowner. He is also concerned with the sewer and water lines having to be upgraded and being assessed for those improvements. Mayor Slavik stated in response to Mr. Young's statement, it's the City Attorney's opinion that this isn't spot zoning. Ms. Lendelof-Leith stated she felt there was some type of pre -approval. Community Development Director Juetten stated that staff doesn't have the authority to give pre -approvals. Mayor Slavik stated the Council has never talked to the developer about this project. Councilmember Johnson inquired if the neighbors to the east could put covenances on their land to restrict further development. Community Development Director Juetten replied they could have that option. Adopted Minutes 4 of 6 Regular Meeting of August 12, 2014 Councilmember Prom inquired about the size of the homes. Mr. Fretham stated that one of the builders they spoke with envisions the homes to be the 3,000 square foot range and two stories with three car garages. The two stories seem to be popular, but the lots are big enough for ramblers. They will be custom homes. Councilmember Johnson inquired if houses could be attached in this zoning district. Community Development Director Juetten replied no. With the last Comprehensive Plan update, some of the lots may have become non -conforming. He stated this property has always been guided LAL He does not believe another road would be coming off the cul-de-sac. Councilmember Johnson asked the applicants if they had always been contemplating seven units instead of five. Mr. Fretham replied that in early discussions with staff, they learned that staff would support seven units. They are locked in at seven units. Motion was made by Mayor Slavik, and seconded by Councilmember Wosje to deny the rezoning and preliminary plat for Frethain 24th Addition. Mayor Slavik noted that the applicant may choose to withdraw the application prior to a vote. Councilmember Johnson mentioned that if the zoning change does not pass, it could still be developed under the RSF 1 zoning and they could build five homes. Community Development Director Juetten advised the applicant could withdraw and the developer may come back with a revised plat with five lots. Councilmember Johnson inquired if the Samarek's property stays RSF1, could their lot be subdivided. Community Development Director Juetten replied without viewing the plat, he's unsure. Councilmember Johnson feels the RSF1 is appropriate, and she doesn't feel the Council should support something based on what could happen in the future. Mayor Slavik gave the applicant the option to deny. Mr. Fretham offered a compromise to allow six lots instead of seven. The lot sizes don't meet with the RSF1 criteria with seven lots, but they could meet it with six lots. Community Development Director Juetten stated the applicant would still need the RSF2 zoning, but the developer could come back with a revised plat. If they include the Samarek's property they could get seven lots including their existing home. Motion was made by Councilmember Johnson, and seconded by Councilmember Wosje table this item to the August 26th meeting. With all members voting in favor, the motion carried. 8.04) Rezoning, Preliminary Plat and Final Plat for Juneau Ridge (Juneau Ventures, LLC — 2014037). (Previously item No. 6.08) Adopted Minutes 5 of 6 Regular Meeting of August 12, 2014 Councilmember Willis stated he's concerned with the number of lots related to the zoning request. The developer has requested RSF3 zoning, which provides for the opportunity of 65 - foot wide lots. He feels that is too dense of an appearance on Juneau Lane. He requested the developer bring the item back with a proposal to rezone to RSF2. Motion was made by Councilmember Johnson, and seconded by Councilmember Willis to table this item to the AujNst 26th meeting. With all members voting in favor, the motion carried. 8.05) Mobile Technology Policies (Previously item No. 6.05) Councilmember Bildsoe stated he would like to make sure there was adequate security in place if people were using their personal devices. Administrative Services Director Fischer stated they would be using an anti-virus application, and they currently have approximately 20 users. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Wosje to approve the replacement mobile technologyolp icies. With all members voting in favor, the motion carried. Adjournment Mayor Slavik adjourned the meeting at approximately 10:10 p.m. andra R. Engdahl, ty Clerk Adopted Minutes 6 of 6 Regular Meeting of August 12, 2014