HomeMy WebLinkAboutCity Council Minutes 08-11-2009Adopted Minutes
Regular Council Meeting
August 11, 2009
Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:08 p.m. in the
Council Chambers of City Hall, 3400 Plymouth Boulevard, on August 11, 2009.
COUNCIL PRESENT: Mayor Slavik, Council Members Johnson, Black, Bildsoe, Willis,
Murdock, and Stein.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Superintendent of Recreation
Evans, Administrative Services Director Portner, Police Captain Lindman, Senior Planner Drill,
Water Resources Manager Asche, Fire Chief Kline, and City Clerk Engdahl.
Plymouth Forum
There was no one to address the Council.
Presentations and Public Information Announcements
4.01) Presentation by Mike Freeman, Hennepin County Attorney
Mike Freeman, Hennepin County Attorney, provided an update on current initiatives of the
Hennepin County Attorney's office.
Public Works Director Cote provided an update on the cleanup efforts from the recent storm.
Councilmember Johnson thanked everyone who participated in the "Night to Unite" held on
August 4.
Approval of Agenda
Mayor Slavik added setting future study sessions as item No. 9.1.
Motion was made by Councilmember Black and seconded by Councilmember Johnson, to
approve the amended agenda. With all members voting in favor motion carried.
Adopted Minutes 1 of 7 Regular Meeting of August 11, 2009
i' Consent Agenda
Motion was made by Councilmember Willis and seconded by Councilmember Black, to adopt
the Consent Agenda that included the followingitems. ems.
6.01) Special and Regular Council Meeting Minutes of July 28.
6.02) Resolution Approving Disbursements ending August 4, 2009 (Res2009-182).
6.03) Resolution Approving Lawful Gambling Application of Wayzata Youth Hockey
Association for Broadway Bar and Pizza (Res2009-183).
6.04) Forward written comments to the City of Orono on their Comprehensive Plan.
6.05) Resolution Approving Payment No. 4 and Final for 2009 Crack Repair Program (9111 —
Res2009-184).
6.06) Resolution Approving the Filling of Wetlands and the Wetland Replacement Plan for
Plymouth Creek Water Quality Pond Project (3105 — Res2009-185).
6.07) Resolution Awarding Contract for Plymouth Water Quality Ponds (3105 — Res2009-186).
6.08) Resolution Approving Payment No. 5 for County Road 9/61 Erosion Repair Project (4135
Res2009-187).
6.09) Resolution Approving Change Order No. 1 for Well No. 16 Pumping Facility (7114 —
Res2009-188).
6.10) Resolution Awarding Contract for 36th Avenue Street Reconstruction Project (8104 —
Res2009-189).
Councilmember Black registered a no vote for item No. 6.03.
With all members voting in favor motion carried.
Public Hearings
7.1) On -Sale Wine and 3.2 Liquor License Application for Smashburger Acquisition -
Minneapolis, LLC, d/b/a Smashburger, 3225 Vicksburg Lane, Suite 3225G
City Clerk Engdahl reported on the request for On -Sale Wine and 3.2 Liquor Licenses for
Smashburger, 3225 Vicksburg Lane, Suite 3225E
Mayor Slavik opened the public hearing.
Adopted Minutes 2 of 7 Regular Meeting of August 11, 2009
Mayor Slavik closed the public hearing.
Motion was made by Councilmember Stein and seconded by Councilmember Johnson, to adopt
a Resolution Approving On -Sale Wine and 3.2 Liquor Licenses for Smashburger Acquisition-
Minnegpolis LLC d/b/a Smashburger, 3225 Vicksburg Lane Suite 3225G (Res2009-190). With
all members voting in favor but Black, the motion carried.
General Business
8.1) Rezoning and Preliminary Plat Request by Gonyea Company, Inc. for a 60 -lot
Subdivision at 5050 Vicksburg Lane (2009025)
Senior Planner Drill reported on the proposed plat and rezoning.
Councilmember Stein stated he's concerned about the temporary lift station.
Senior Planner Drill explained that the developer would maintain the lift station for five years
and after that time, it would be the responsibility of the homeowners association (HOA). Once
the Hampton Hills Golf Course and Taylor sites are redeveloped, there would be no need for the
temporary lift station.
Councilmember Stein stated he is skeptical of the HOA maintaining the lift station. He asked if
the City could maintain the lift station and assess those costs to the property owners. Public
Works Director Cote replied that temporary lift stations are nothing new in Plymouth and have
been used in other developments. He stated if the developer and/or HOA are unable to maintain
the lift station, the City could assume the maintenance and assess the costs to the property
owners. This language is included in the proposed development agreement.
Councilmember Willis echoed Councilmember Stein's comments, and asked if it's sound
planning to encourage development with temporary sanitary sewer facilities. Community
Development Director Juetten replied the best case scenario would be for the Hampton Hills Golf
Course property to be redeveloped first; however, that isn't the case. The developer has proven
how this temporary lift station would operate, staff is comfortable with the plan, and they would
be using existing roadways.
Councilmember Willis asked if the RSF-3 is the only zoning district that would fit with the LA -2
guiding. Senior Planner Drill replied no, but the RSF-3 allowed the developer to achieve the
density levels according to the Comprehensive Plan.
Councilmember Willis asked if the developer could develop this property under the RSF-2.
Senior Planner Drill replied there would be a number of lots that wouldn't conform.
Adopted Minutes 3 of 7 Regular Meeting of August 11, 2009
Community Development Director Juetten explained staff is trying to provide a variety of
housing in this area based upon the Comprehensive Plan for density levels.
Councilmember Black asked about the maintenance of the storm water pond in the development.
Public Works Director explained that the City receives a deposit from the developer as an
assurance that the pond functions correctly, and that deposit is returned to the developer after the
City inspects and determines that the pond is functioning correctly.
Motion was made by Councilmember Willis and seconded by Councilmember Johnson, to adopt
an Ordinance Amending Chapter 21 of the City Code to Classify Certain Land located in "Spring
Meadows" for Property located at 5505 Vicksburg Lane (2009025 — Ord2009-11), Resolution
Approving Findings of Fact for the Rezoning of Property located at 5505 Vicksburg Lane
2009025 — Res2009-191) and a Resolution Approving a Preliminary Plat for Gonyea Company,
Inc for "Spring Meadows" for Property located at 5505 Vicksburg Lane (2009025 — Res2009-
192).
Councilmember Willis suggested that the City doesn't maintain the temporary lift station until
sanitary sewer is extended to this site. He suggested that perhaps the Council needs to review
and discuss the issue of temporary lift stations and "leap frog" development.
Dave Gonyea, applicant, stated the Hampton Hills Golf Course property doesn't have the proper
access off Vicksburg Lane to develop. The intent for a temporary lift station is that when the
1 Taylor property redevelops, that development will provide road and water access to Hampton
Hills Golf Course property.
Councilmember Johnson asked what the proposed construction time frame is. Mr. Gonyea
replied construction would start next spring with models opening in the fall. They are hopeful
that the majority of the homes would be constructed by 2013. Their five-year maintenance of the
temporary lift station would begin in 2011 when the first home is purchased, and they would be
responsible until 2016.
Councilmember Johnson asked what the backup plan is for the maintenance of the temporary lift
station. Mr. Gonyea replied it would be the HOA. Councilmember Johnson stated it needs to be
clear on the documents that the HOA assumes maintenance on a certain date.
Councilmember Black asked what the warning systems are for private lift stations if they
malfunction. Mr. Gonyea replied the system is connected to wireless remote that notifies
whoever is on call. It's a 24-hour monitoring system that sends out a test system.
Councilmember Black agreed with Councilmember Willis that the Council should discuss
temporary lift stations and "leap frog" development at a Council study session. She stated she
isn't real comfortable with the layout of this development, the pond in the middle of the
development, mitigation for the wetland, and the temporary lift station.
Adopted Minutes 4 of 7 Regular Meeting of August 11, 2009
1 Mayor Slavik stated tonight isn't "blanket" approval for transferring density to the Taylor site.
She asked how many sites are proposed to be transferred. Senior Planner Drill replied 13 units if
there would be a phase two of their site. He stated the density would be lower.
Motion was made by Councilmember Stein and seconded by Councilmember Johnson, to amend
the main motion to add condition No 20aa of the Resolution Approving the Final Plat to state "in
the event that the developer or homeowner's association is unable to maintain the private sanitary
sewer lift station the City shall have the right to do so and assess or otherwise charge the costs to
the homeowners within the development Information regarding this shall be disclosed to
potential home buyers and shall be addressed in the homeowner's association documents."
Jake Walesch, applicant, stated maintenance language on the temporary lift station would be
included in HOA budget and documents. The maintenance cost is $1,400 per year ($20 per
home). He stated if the pumps in the lift station are maintained, monitored daily, reviewed bi-
monthly, and replaced well ahead of use, these systems will work very well. There are also a
number of emergency and maintenance plans in place. He stated the proposed language
contained in the amended motion is acceptable to them.
There being no further discussion, the Council voted on the amendment to the main motion.
With all members voting in favor but Black, the motion carried. The Council voted on the
amended main motion, and with all members voting in favor but Black, the motion carried.
8.2) Amendments to the City Code and Zoning Ordinance Regarding Subdivision
Procedures and Minimum Lot Size (2009018)
Senior Planner Drill provided an overview.on the proposed City Code and Zoning Ordinance
amendments for subdivision procedures and minimum lot size.
Motion was made by Councilmember Willis and seconded by Councilmember Slavik, to adopt
an Ordinance Amending the Text of Chapter 5 Subdivision Regulations of the Plymouth City
Code (2009018 — Ord2009-12) and an Ordinance Amending the Zoning Ordinance (2009018).
Councilmember Black referred to correspondence received from Chad Stamps, 2930 Urbandale
Lane. She asked for an explanation how the issue raised in this correspondence wouldn't be
impacted by the changes were' considering. Senior Planner Drill stated either scenario would
require a lot variance. Community Development Director Juetten added they would need to
increase the amount of Variance they would be requesting under the new regulation
approximately 2,000 feet). He stated the current lot isn't 37,000 square feet so it couldn't be
divided into 18,500 square feet.
The brother of Chad Stamps stated they're upset because the Planning Department didn't inform
them regarding the proposed changes. Therefore, they weren't in a hurry in going through the
process. In early July they asked the adjacent neighbor if he would sell them 3,000 feet to assist
with trying to get 18,500 feet per lot. The neighbor agreed, and the third week of July they
contacted the Planning Department and found out then that they couldn't subdivide due to the
Adopted Minutes 5 of 7 Regular Meeting of August 11, 2009
proposed changes the Council is considering tonight. Under the proposed ordinances, the lots
would need to be 21,000 square feet so they couldn't purchase the 3,000 feet as they would be
short. He stated they would've changed how they approached this situation if they would've
known about the changes.
Senior Planner Drill stated they could apply for a variance if they had 37,000 square feet which
would include approximately 1,300 feet through a vacation and 3,000 feet from the neighbor.
Councilmember Stein stated as long as the lots meet the minimum lot size, they shouldn't need a
Variance.
A Substitute Motion was made by Councilmember Johnson and seconded by Councilmember
Murdock to take no action on both ordinances.
Councilmember Johnson called the question on the Substitute Motion. With Black, Johnson, and
Murdock voting yes, and Willis, Stein, and Slavik voting no, the motion failed.
The Council suspended the rules in order that the City Attorney could rewrite the Ordinance
Amending the Text of Chapter 5, Subdivision Regulations, of the Plymouth City Code (2009018
Ord2009-12).
Reports and Staff Recommendations
9.1) Set Study Sessions
Councilmember Black added to the pending study session list a discussion on temporary lift
stations and "leap frog" developments. Councilmember Johnson stated for that discussion on
this item, she would like to know where those developments have or were located.
General Business (Cont.)
8.2) Continued Discussion on item No. 8.2
A Substitute Motion was made by Councilmember Black and seconded by Councilmember
Johnson to not take any action on the Ordinance Amending the Zoning Ordinance (2009018),
but to adopt the Ordinance Amending the Text of Chapter 5 Subdivision Regulations, of the
Plymouth City Code (2009018 — Ord2009-12)_as rewritten by the City Attorney. With all
members voting in favor, the motion carried.
Adopted Minutes 6 of 7 Regular Meeting of August 11, 2009
Adjournment
Mayor Slavik adjourned the meeting at 9:20 p.m
andra R. Engdahl, Clerk
Adopted Minutes 7 of 7 Regular Meeting of August 11, 2009