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HomeMy WebLinkAboutCity Council Minutes 08-12-2008Adopted Minutes Regular Council Meeting August 12, 2008 Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on August 12, 2008. COUNCIL PRESENT: Mayor Slavik, Councilmembers Hewitt, Stein, Murdock, Willis, Black, and Bildsoe. ABSENT: None. STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Captain Lindman, Public Works Director Cote, Administrative Services Director Portner, Park and Recreation Director Blank, Fire Chief Kline, Community Development Director Iuetten, Housing Manager Barnes, Planner Doty, and City Clerk Engdahl. Plymouth Forum The following residents of Chelsea Mews addressed the Council regarding a proposed drainage project for the creek area: 1. Claire Perry, 1817 Yuma Lane 2. Karen Fox, 1860 Zanzibar Lane 3. Bill Nelson, 1869 Zanzibar Lane 4. George Broucek, 1836 Yuma Lane They voiced concerns regarding the number of mature trees that would be removed, and the impact to the creek, wildlife, and the woods due to the use of heavy equipment. However, they are aware of the serious erosion problem at the upper part of the creek near Staple Chase. They presented a petition to the City from residents opposing the project, and they requested that the City postpone this project in order to study the project further and to work with the residents. Mayor Slavik encouraged residents to attend the neighborhood meeting on August 14 at 6:00 p.m. to discuss this project. Public Works Director Cote added that the City is currently out for bids which could be ready for the August 26 Council meeting. However, depending on the outcome of the neighborhood meeting, consideration of those bids could be delayed. Presentations and Public Information Announcements 4.01) Recognition of the City of Plymouth's Number One Ranking in Money Magazine's Best Places to Live List Hennepin County Commissioners Stenglein and Steele read a proclamation recognizing Adopted Council Minutes 1 of 4 Regular Meeting of August 12, 2008 Plymouth's Number One Ranking in Money Magazine's Best Places to Live List that was adopted by the Hennepin County Board. Approval of Agenda Motion was made by Councilmember Hewitt, and seconded by Councilmember Black to approve theagenda. With all members voting in favor, the motion carried. Consent Agenda Mayor Slavik reported on the request of the applicant to table item No. 6.05 to the September 9 meeting. Motion was made by Councilmember Bildsoe and seconded by Councilmember Black to adopt the amended Consent Agenda that included the following items: 6.01) Minutes from the Regular Council Meeting of July 22, 2008. 6.02) Resolution Approving Disbursements for Period ending August 2, 2008 (Res2008-234). 6.03) Resolution Appointing Election Judges for the 2008 Primary and General Elections Res2008-235). 6.04) Accept June 20, 2008 year-to-date financial statements. 6.05) (This item was tabled to September 9). 6.06) Resolution Approving a Site Plan Amendment to allow a 480 -square foot Building Expansion for Fuidyne Aerotest Laboratory located at 13825 Schmidt Lake Road (2008055 — Res2008-236). 6.07) Resolution Approving a Final Plat and Development Contract for Gonyea Company, Inc. for "Wood Crest of Plymouth" for Property located at 5750 Vicksburg Lane (2008042-F — Res2008-237) and Resolution Adopting Assessments, Levy No. 17079 for Sanitary Sewer and Watermain Area for Wood Crest of Plymouth (Res2008-238). 6.08) Approval of 2007 Community Development Block Grant Consolidated Annual Performance and Evaluation Report and authorization for submittal to the Department of Housing and Urban Development as recommended by the Plymouth Housing and Redevelopment Authority. 6.09) Resolution Declaring Adequacy of Petition and Ordering Preparation of Preliminary Engineering Report for Street Lighting for Sugar Hills 3rd Addition (Res2008-239) and Resolution Receiving Preliminary Engineering Report and Ordering Project for Street Lighting for Sugar Hills 3'd Addition (Res2008-240). Adopted Council Minutes 2 of 7 Regular Meeting of August 12, 2008 6.10) Direct staff to forward comments to the City of New Hope and City of Brooklyn Park in the letters dated August 13, 2008 on the 2030 Comprehensive Plan. 6.11) Resolution Approving a Setback Variance for Custom Pools, Inc for Installation of an In - Ground Swimming Pool for Property located at 14325 50`h Place North (2008066 — Res2008- 241). 6.12) Resolution Approving Change Order No. 7 and Payment No. 2090-20 and Final for the Public Safety/City Hall Expansion and Remodeling Project (3134 — Res2008-242). 6.13) Resolution Approving the Extension for the Decision on a Need for an Enviromnental Impact Statement for the Proposed Wild Wings Flood Protection Project (7135 — Res2008-243). Motion carried to approve the Consent Agenda. Public Hearings 7.1) Issuance of Revenue Bonds for West Lutheran High School Housing Manager Barnes reported on the proposed request for issuance of 501(c)3 revenue bonds on behalf of West Lutheran High School. Mayor Slavik opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Slavik declared the public hearing closed. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Hewittto adopt a Resolution Giving Approval to a Project on behalf of West Lutheran High School Association and its Financing under Minnesota Statutes 469.152 to 469.165; Referring the Proposal to the Minnesota Department of Employment and Economic Development for Approval; Providing for the Issuance and Sale of Revenue Note, Series 2008 and Execution of Related Documentation Res2008-244). With all members voting in favor, the motion carried. General Business 8.1) Planned Unit Development Amendment and Preliminary Plat to create 17 Single Family Lots from One Existing Outlot (west of Cheshire Lane Parkway and north of 55th Avenue North — The Rottlund Company, Inc. — 2008003) Planner Doty reported on the proposed request. He stated at the May 27 Council meeting, the Council directed staff to prepare findings of fact for denial of the request for the June 10 Council meeting. After the May 27 meeting, the applicant granted the City an extension to the review period deadline from June 12 to July 9 to provide them additional time to address the concerns Adopted Council Minutes 3 of 7 Regular Meeting of August 12, 2008 raised at the May 27 meeting. The applicant didn't provide any revised plans for the June 24 Council meeting. Staff prepared findings for denial of the request as directed by the Council on May 27. However, based on the applicant's second extension to review period deadline, the Council tabled any action on the request to a date uncertain. He stated since the June 24 Council meeting, the applicant has submitted substantive plan changes: 1. Removed three single-family lots to reduce the request from 20 single-family lots to 17 single-family lots. 2. Removed the private drive from the southwest corner of the development. 3. Removed unit lots and common space property to allow standard single-family lots. 4. Reduced impervious surface area coverage from 30% to 27%. Applicant has noted that the 27% is a "worst case scenario" because they are assuming that every homeowner would request the largest unit with all the porch and patio options. The applicant has noted that a homeowner can't select the same house style as the adjacent neighboring houses, which would reduce the actual impervious surface percentage for the development to approximately 25%. The. applicant would also be mitigating any increase in impervious surface above 25% with two rain gardens proposed on the site. Tim Whitten, Executive Vice President of Rottlund Company, Inc., discussed with the Council the slight differences in the front and side yard setbacks from what the Zoning Ordinance requires as well as not meeting the Zoning Ordinance requirements for impervious surface area coverage. He reiterated the construction of raingardens, and most of the lots wouldn't be the maximum build out. He stated they could include in the covenants that the property owners couldn't expand outside the box of their home. They also didn't use the porous driveways to get to the 27%. The Council shared their concerns with Mr. Whitten regarding the Zoning Ordinance's 25% impervious surface area coverage requirement, as that is an important issue in this area. Mr. Whitten stated they would be willing to implement porous driveways back into the development that would reduce the impervious surface below the 25% maximum. The Council responded that that they have a concern that if driveways are replaced in the future, they wouldn't be replaced with the same type of material. The Council also stated that the RSF-3 Zoning District requires an eight -foot side yard setback to living space and a six-foot side yard setback to garage space. The development is proposed with 7.5 foot side yard setbacks. Mr. Whitten stated they would comply with eight -foot side yard setbacks to living space and six-foot side yard setbacks to garage space side yard setbacks. Motion was made by Cotncilmember Stein, and seconded by Councilmember Bildsoe to table this item to August 26 for the applicant to address the 25% impervious surface area coverage requirement and side yard setback requirement and resubmit for approval. With all members voting in favor, the motion carried. 8.2) Site Plan Amendment, Conditional Use Permit, and Interim Use Permit for Beacon Academy (12325 Highway 55 — Quantum Development, Inc. — 2008052) Planner Doty reported on the proposed request which would include two phases. Phase one Adopted Council Minutes 4 of 7 Regular Meeting of August 12, 2008 would be a 10 -stall parking expansion, a new trash enclosure, and a 2,000 -square foot temporary detached classroom structure in the southwest portion of the site. Phase two would be the constriction of a 10,378 -square foot addition to the 33,436 -square foot school on the southwest side of the current building. This addition would include four classrooms, a multi-purpose room, and a new front entrance. Phase two construction would begin in 2009 and be completed by 2011. The temporary classroom building would be in place for up to three years to allow additional classroom space until the building addition is constricted. He noted the concern of the property owner west of the school who has indicated they have had storm water issues in their yard from the school property. The parking expansion would reduce the amount of drainage to the property to the west because most of the water from the parking lot would be directed to the south where it would be treated and then directed into a large wooded area. Staff added a condition to the resolution that requires the applicant to direct a majority of the storm water from the parking lot to the south. The Planning Commission recommended approval of the site plan amendment, conditional use permit, and interim use permit subject to a condition that the applicant would not be allowed to install the temporary classroom building until construction of the building addition is started. Community Development Director Juetten stated the City could require a letter of credit to make sure that the temporary stricture would be temporary. He explained that if a temporary building is approved, 10 parking stalls need to be constricted. By allowing the temporary building and not requiring the parking, that is a violation. He stated the Council could approve the temporary structure with the condition that the building permit be secured as soon as school ends in June 2009. The letter of credit would enable the City to close the temporary structure if a building permit isn't secured, or close the facility in 2009. The condition in the proposed resolution is for the parking lot to be constructed prior to the use of the temporary building. Clint Carlson, Quantum Development, stated they are willing to construct the parking lot prior to occupancy of the temporary structure. They desire to start constriction of the permanent addition next summer. Jordan Ford, Principal of Beacon Academy, stated the temporary structure would contain two classrooms that would hold a maximum of 24 students. Correspondence has been sent to the neighborhood explaining how they intend to reduce congestion and to maintain the security at the highest level. Tamara Harken, 8001 34`x' Place North, requested that the Council allow the temporary classroom be placed for the 2008/2009 school year with the condition of the 10 parking stalls. This would allow for current and future growth of the school. Robert Zarriello, 3210 Walnut Grove Lane, requested the Council's support for the additional classrooms. Delwood Rasmussen, 12405 Highway 55, stated he is the property owner to the. west of the school that has experienced the storm water drainage from the school property. He noted that the current berm doesn't stop the drainage from coming through his fence and flooding his rear yard. He stated something needs to be done in order to stop or slow that runoff as they can't grow Council Minutes 5 of 7 Regular Meeting of August 12, 2008 anything in the yard. They have also had to replace windows and build up the dirt on the south and east sides of their home. He stated he's also concerned about the storage of snow and increased traffic. Therefore, he is opposed to this development until there is a solution to prevent the runoff on his property. Unidentified resident with an address on Highway 55, stated with the expansion of the parking lot and the configuration of parking stalls, it appears to be a tight area to load and unload the students. He believes some of the parking stalls in the front of the lot aren't measured at a consistent rate. He stated there also needs to be required parking spaces for the daycare use. Lastly, he stated recently no parking signage was installed along the frontage road as this is a fire lane. He requested that this be enforced as people tend to park there which contributes to the unsafe driving conditions. Don Lamere, 1300 Oakview Lane North, stated he lives 500 feet from the school. He noted the traffic problems in the area, shuttling parents from the church and the strip mall, the terrible condition of the service road that is utilized (trees hanging over the south side), motorists cutting through their neighborhood, and additional vehicles. He requested the use of a speed trailer in this area. Staff confirmed that the drainage of the site and storage of snow would be directed to the south and west, the standard parking stalls would be meet the Zoning Ordinance requirements, the no parking signs for the fire lane would be enforced, and the school received permission for the shuttling of parents and students from the strip mall and church. In addition, the City Forester would review trimming trees on the south side of the frontage road, and staff would look at the radius for school bus drop off on the south side of the lot. Motion was made by Councilmember Willis, and seconded by Councilmember Black to adopt a Resolution Approving a Site Plan Amendment and Conditional Use Permit Amendment for Quantum Development for the Property located at 12325 State Highway 55 (2008052 — Res2008-245) and a Resolution Approving an Interim Use Permit for Quantum Development for the Property located at 12325 State Highway 55 (2008052 — Res2008-246) with an amendment to Condition No. 4 of the Resolution to state, "The applicant shall construct the parking expansion prior to commencing use of the classroom building," and an amendment to Condition No. 5 to state, "The temporary classroom building shall be removed from the site within three years from the date of this approval or when the building is vacant for six months whichever occurs first. In addition, this interim use permit approval shall terminate on July 1 2009 if construction of the 10,378 -square foot building addition has not begun." Motion was made by Councilmember Black, and seconded by Councilmember Willis to amend the main motion to include Condition No. 7a of the Site Plan Amendment and Conditional Use Permit Resolution to state, "Submit a parking and traffic management plan for review and approval by City staff." With all members voting in favor, the motion carried. Council requested that staff review the condition of the frontage road as there would be an increase of traffic on that road. There being no further discussion on the amended main motion and with all members voting in Council Minutes 6 of 7 Regular Meeting of August 12, 2008 favor, the motion carried. 8.3) Discussion of Waste Management Correspondence sent to Residents The Council briefly discussed the Waste Management correspondence sent to all residents regarding the recycling contract. It was noted that this item would be on the August 26 Council agenda. Reports and Staff Recommendations 9.1) Authorize Advertisement of Ward 4 Vacancy The Council directed staff to advertise the Ward 4 vacancy on the Planning Commission with a deadline of September 15. Adiournment Mayor Slavik adjourned the meeting at approxi ately 9:22 p.m. r Sandra R. Engdahl, y Clerk Adopted Council Minutes 7 of 7 Regular Meeting of August 12, 2008