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