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HomeMy WebLinkAboutCity Council Minutes 10-13-2009Adopted Minutes Regular Council.Meeting October 13, 2009 Mayor Slavilc 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 October 13, 2009. COUNCIL PRESENT: Mayor Slavik, Council Members Bildsoe, Johnson, Murdock, Willis, Black, and Stein. ABSENT: None. STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Park Director Blank, Administrative Services Director Portner, Deputy Fire Chief Sprenger, Police Captain Lindman, Public Works Director Cote, Community Development Director Juetten, Planning Manager Senness, Senior Planner Darling, Superintendent of Recreation Evans, City Forester Buck, Housing Manager Barnes, and City Clerk Engdahl. l Plymouth Forum James Luchen, 10130 36t" Place, and Kasia Luiken, 10120 36th Place, stated they reside near Pilgrim Elementary School. They stated that there is a parkway between 36th Avenue and the school, and they asked if there is any feasibility in improving that as a neighborhood garden. It would be a good use of the property, and it could even be a meeting area. Park Director Blank requested the residents to contact Superintendent of Recreation Evans so that this suggestion could be reviewed by the Park and Recreation Advisory Commission. Steve Gardner, 10717010th Avenue North, presented a list of developments that he has addressed the Council over the past nine years regarding the removal of 50,000 trees. He referred to open space referendum that was approved by the voters in 2006, and he feels that the voters are being ignored. He stated all the open space on Vicksburg Lane and County Road 47 is leaving because of residential developments. He noted that in 2008, there was a State Constitutional amendment that was approved by the voters for clean water, wildlife, cultural heritage, and natural resources. He stated people want wildlife and open space. He spoke of the recent development at Highway 55 and Revere Lane where the owner cut down trees before the development application was submitted to the City. He stated near Lake Camelot, a retirement community is going to be developed which will require the removal of trees. Lastly, he spoke of the ash tree borers that cause the removal of ash trees. Mayor Slavilc stated regarding the 2006 open space referendum, the Council has been diligent in purchasing open space properties with property owners who are willing to sell. These properties Adopted Minutes 1 of 12 Regular Meeting of October 13, 2009 will be maintained as permanent open space property. She noted the balance of open space throughout the City. Regarding clean water and natural resources, the City has spent millions of dollars to construct water treatment ponds, to address erosion, to clean the lakes, and to make the environment clean and safe. Even with all these efforts, property owners still have rights to develop their properties. Presentations and Public Information Announcements There were no presentations and public information announcements. Approval of Agenda Motion was made by Councilmember Bildsoe and seconded by Councilmember Willis, to approve the agenda. With all members voting in favor motion carried. Consent Agenda Scott Neilson, attorney representing the applicant for item No. 6.04, requested that this item be removed from the Consent Agenda. Mayor Slavik placed this item under General Business as item No. 8.3. Motion was made by Councilmember Willis, and seconded by Councilmember Black, to adopt the Consent Agenda that included the followingitems: 6.01) Regular Council Meeting Minutes of September 22. 6.02) Resolution Approving Disbursements ending October 4, 2009 (Res2009-254). 6.03) Resolution Calling for a Public Hearing on the Proposed Adoption of a Modification to the Development Program for Development District No. 7 and a Modification to the Tax Increment Financing Plan for Tax Increment Financing District No. 7-6 (Res2009-233) and a Resolution Calling for a Public Hearing on the Proposed Adoption of a Modification to the Redevelopment Plan for Redevelopment Project Area No. 1 and a Modification to the Tax Increment Financing Plan for Tax Increment Financing District No. 1-1 (Res2009-234). 6.04) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.3). 6.05) Resolution Approving Assignment, Assumption and Amendment Agreement between Wells Fargo Brokerage Services, LLC and Wachovia Bank National Association for the Nu Aire, Inc. Bond Project (Res2009-235). Adopted Minutes 2 of 12 Regular Meeting of October 13, 2009 i 6.06) Resolution Approving a One -Year Extension of the Development Approvals for Duke Realty for Waterford Business Park located northwest of Highway 55 and Highway 169 2007071 — Res2009-236). 6.07) Ordinance Amending Chapter 21 of the City Code and to Repeal the Current Lighting Zone Map and Adopt a New Lighting Zone Map to Provide Consistency between the Lighting Zone Map, Zoning Ordinance and the Land Use Guide Plan (2009045 — Ord2009-14) and a Resolution Approving Findings of Fact to Repeal the Current Lighting Zone Map and a Adopt a New Lighting Zone Map and for a Zoning Ordinance Amendment to Provide Consistency with the Land Use Guide Plan (2009045 — Res2009-237). 6.08) Ordinance Amending the Text of Chapter 21 of the Plymouth City Code, Entitled the Plymouth Zoning Ordinance, Allowing "Limited Motor Vehicle Sales or Leasing as a Principal or Accessory Use" with a Conditional Use Permit in the I-1 and I-2 Zoning Districts (2009053 — Ord2009-15) and a ResolutionA_pproving Findings of Fact for a Zoning Ordinance Text Amendment to Allow "Limited Motor Vehicle Sales or Leasing as a Principal or Accessory Use" with a Conditional Use Permit in the I-1 and I-2 Zoning Districts (2009053 — Res2009-238). 6.09) Resolution Awarding the Contract for Police Ordered Towing and Impoundment of Vehicles for 2009 through 2012 (Res2009-239). 6.10) Resolution Approving Payment No. 3 and Final for Well No. 16 Raw Watermain (7114 — Res2009-240). 6.11) Resolution Approving the Feasibility Report and Cooperative Agreement with the Bassett Creek Watershed Management Commission and to order the Improvements for Construction of the Plymouth Creek Streambank Restoration Project (8128 — Res2009-241). 6.12) Resolution Approving Request for Payment No. 2 and Final (9110 — Res2009-242). 6.13) Resolution Approving the Solicitation of Series 2009A and 2009B Bonds Refunding Series 1998A and 1998C (Res2009-243). 6.14) Ordinance Amending Chapters 10, 11, and 12 of the Plymouth City Code Concerning Liquor and Tobacco Licensing Fees and Provisions (Ord2009-16) and a Resolution Approving Summary Publication of Ordinance No. 2009-16 Relating to Liquor and Tobacco Licensing Fees and Provisions (Res2009-244). With all members voting in favor motion carried. Public Hearings 7.1) Delinquent Utilities and Other Charges Adopted Minutes 3 of 12 Regular Meeting of October 13, 2009 Administrative Services Director Portner reported on the proposed assessments. Mayor Slavik opened the public hearing. Mayor Slavik declared the public hearing closed. Motion was made by Councilmember Black and seconded by Councilmember Willis, to adopt a Resolution Approving_Leyying Assessment for Delinquent Utility Accounts, Diseased Trees and Weed Eradication Charges Res2009-245). With all members voting in favor, the motion carried. General Business 8.1) Plans and Contracts for Improvements to the Hilde Performance Center Mayor Slavik noted that this item was discussed at a Council Study Session prior to this meeting. Motion was made by Councilmember Willis and seconded by Councilmember Murdock, to adopt a Resolution authorizing to begin work on the preparation of the plans and specifications for improvements to the site interior of the Hilde Performance Center site in an amount not to exceed $1.2 million from the Community Improvement Fund (Res2009-246). Staff noted that they would present design plans to the Council in December or January. Mayor Slavik asked if this project proceeds, the taxpayers wouldn't see a tax increase. Park Director Blank noted that is correct. He provided a quick synopsis of how the community improvement funds were derived and that the expenditure of these funds is dictated by the City Charter and the City Code. Councilmember Johnson noted that in the future, there would be incremental maintenance costs, and those costs would come from the general fund. She stated that she can't support the project due to the current state of the economy. In addition, the scope is too broad, and there are aspects that she would prefer to scale back. Mayor Slavik asked what the deadline is for staff. Park Director Blank replied staff would need a decision in 30 days in order to keep the project on schedule. Mayor Slavik stated she is also struggling with this project due to the perception by residents and whether this is the right time to do this project. She stated she would interested in looking at the interior improvements closer and possibly getting that phase of the project below the $1.2 million. Motion was made by Mayor Slavik and seconded by Councilmember Bildsoe, to table this item in order to review the project more in depth to a date prior to November 3 0. Adopted Minutes 4 of 12 Regular Meeting of October 13, 2009 Councilmember Willis stated the Council would have the opportunity to "pick and choose" 1 components of the project without tabling. The Council could provide direction to staff that some of these issues would have to be pre-engineered before decisions would be made. Councilmember Murdock agreed with Councilmember Willis. Councilmember Bildsoe asked how much it would cost in consultant fees to proceed to the next stage. Park Director replied approximately $15,000-$20,000. Councilmember Bildsoe stated he has concerns about this project which are cost, nature, and the timing. He noted that this is a great site that has been enhanced by the amphitheatre. However, he hasn't heard from residents that this venue needs improvements. He stated he would entertain a discussion around some basic improvements to make it more accessible as well as the seating. He indicated that he could support Councilmember Willis' motion to proceed and refine as they go. He stated he's —,ns,—,-e if he could support $1.2 million. Councilmember Johnson asked the City Attorney what type of vote is necessary to approve the contract at a later date. City Attorney Knutson replied it only takes a majority vote. Councilmember Black stated that she would support Councilmember's Willis' motion. She noted that she has heard comments to improve the park. The City has saved funds for these kinds of projects, and the construction prices are currently low and contractors are looking for work. She stated she also wouldn't mind seeing some additional detail with the project. Councilmember Johnson asked at what point is it required to have five -sevenths vote of the Council. City Attorney Knutson stated any funds taken from the community improvement fund requires five votes. The item before the Council this evening is to approve the design contract. Councilmember Johnson asked if the amount would be lowered in the future, what type of vote would be required by the Council. City Attorney Knutson replied four -sevenths. Councilmember Stein stated that he would support the motion to table as he doesn't support costs for design work if the project doesn't move forward. The Council voted on the motion to table. With Stein, Bildsoe, and Slavik voting yes, and Murdock, Black, Willis, and Johnson voting no, the motion failed. The Council voted on the main motion and with Murdock, Stein, Black, Willis, and Bildsoe voting yes, and Johnson and Slavik voting no, the motion carried. Superintendent of Recreation Evans stated the plans would be ready for Council review in approximately six weeks. Adopted Minutes 5 of 12 Regular Meeting of October 13, 2009 8.2) Land Use Guide Plan Amendments, Rezoning, Preliminary and Final Plat, PUD General Plan and Development Contract for "Elm Creek Highlands" (2009046 — Centex Homes) Senior Planner Darling reported on the proposed project. She noted the area on the north part of the site that would be dedicated to the City for the Northwest Greenway project. The townhomes would be constructed on the south side of the property. Councilmember Willis asked about affordable housing with this development. Senior Planner Darling replied that due to land values, the applicant would be unable to include that component. It would take too many resources to buy down for one to two units. Councilmember Stein asked how individuals will know that there is a conservation easement for the trees. Senior Planner Darling replied the conservation easement would be recorded on each tl lots. T11ile buyers would also receive a corp of this with the closing documents. Ino e o s. .., guy Py b addition, the easement would be noted in the homeowners association's documents that the trees can't be taken down or structures can't be constructed over the easement. If there are diseased trees, the individual owners would be responsible for removing the trees. Councilmember Black discussed the minimum 50 foot setback buffer for the high quality wetland and the 35 foot buffer on the two proposed wetland basins. Steve Gardner, 10717 l Ota' Avenue North, suggested trees be planted in the front yards and that since the applicant is removing so many trees, more trees be planted in the rear yards. He asked if the City requires the applicant to use black dirt versus clay soil under the sod. Councilmember Johnson stated the applicant would be using black dirt under the sod. Ian Peterson, representing the applicant, stated there are unique characteristics with this site. They looked how they could be best balance the site with the unique features as well as with the Northwest Greenway. He spoke of the neighborhood meeting that was conducted on September 3. Councilmember Black requested that markers be placed along the conservation easement. Mr. Peterson stated that they would be willing to do that. Councilmember Black asked how they will close the site if they have to open it up for grading in order to prevent erosion. Mr. Peterson stated that they are very sensitive to what they open up, and they might also use a new product due to the steep slope. They don't initially anticipate opening any more than nine lots and the drainage. Councilmember Johnson asked what type of product would be used on the exterior of the homes. Mr. Peterson replied they would use a "cement board," which is a consumer draw. Adopted Minutes 6 of 12 Regular Meeting of October 13, 2009 Councilmember Black asked if the City reviews the conservation easements so when there are disputes in the future, staff knows how to handle them. Community Development Director Juetten replied they would be reviewed by the City Attorney. Mike Gair, planning and design consultant, presented schematic drawings of the site. Clark Wicklund, representing the applicant, stated he handled the drainage on the site. He explained the linear treatment system. He stated this has been reviewed by Elm Creek Watershed District and City staff, and it complies with water quality and rate. Councilmember Willis asked if there is a lift station involved for this project. Mr. Wicklund replied the project proposes gravity flow to the lift station in Conor Meadows. Mayor Slavik spoke to Mr. Gardner's suggestions and stated that the City does require the Planting of two trees in the front yards, and there would be a conservation easement for a portion of the trees. Jeremy Duehr, Project Environmental Scientist for the project, provided an update on the species. He showed the sediment that would be intercepted and put into the linear filtration system. He noted that they didn't find any eagles' nests on the property. They reviewed the City's natural resource inventory, and there's no indication of sensitive woodland except the woodland across Peony Lane. He looked at the soils for blanding's turtles, and they didn't find any. He also spoke of the wetland mitigation. Tov Rezabek, 17420 491h Avenue North, stated he resides in the Conor Meadows development just south across Schmidt Lake Road from this development. He stated he has lost several feet of his backyard due to erosion and drainage. He requested that the City pay special attention to this and require better drainage and grading on the site. He also voiced his concern for safety on the streets. Councilmember Johnson stated with the erosion problems in Conor Meadows, in hind sight, the City won't experience those same types of problems with this development. Public Works Director Cote stated the conservation easements would protect the drainage areas, and the condition of the ravine would remain unchanged. There are also conditions for drainage measures in the ravine to be completed by the developer. Councilmember Johnson stated she is concerned about future issues with developments that homeowners associations could be faced with after the developers leave. The Conor Meadows development has struggled with this. She asked if there is anything that this development is doing on the north side of Schmidt Lake Road that can alleviate problems on the south side of Schmidt Lake Road. Public Works Director Cote replied these are stand alone developments. He stated nothing on the north side of Schmidt Lake Road should negatively impact Conor Meadows for drainage. He added that the grading for Conor Meadows was done in 1997 and 1998. He was made aware of the drainage issues five to seven years later. Adopted Minutes 7 of 12 Regular Meeting of October 13, 2009 Motion was made by Councilmember Willis and seconded by Councilmember Murdock, to adopt a Resolution Approving the Comprehensive Plan Amendments (Res2009-247) Ordinance Approving Rezoning of the Site (Ord2009-17) Resolution Approving Findings of Fact Supporting the Rezoning (Res2009-248) Resolution Approving the Preliminary Plat (Res2009- 249) Resolution Approving the PUD General Plan (Res2009-250) Resolution Approving the Final Plat and Development Contract for the First Addition (Res2009-251), and a Resolution Approving the Assessments (Res2009-252). Motion was made by Councilmember Black and seconded by Councilmember Stein, to amend the main motion to add conditions h 2) and 3) of the Final Plat Resolution to state, "Include conservation monuments consistent with the spacing requirements of wetland buffer monuments in Section 21670 of the Zoning Ordinance and include a specification for the conservation monuments similar to plate ST -27. The applicant shall be responsible for acquiring the metal plate." With all members voting in favor, the motion carried. Councilmember Black commented that she has concerns with erosion, and one needs to infiltrate in order to stop erosion problems. That currently isn't a requirement even though some of the watersheds are considering it. The Council voted on the amended main motion and with all members voting in favor, the motion carried. 8.2.1) Wetland Replacement Plan Application for "Elm Creek Highlands" Motion was made by Councilmember Bildsoe and seconded by Councilmember Willis, to adopt a Resolution Approving the Wetland Replacement Plan Application (Res2009-253). With all members voting in favor, the motion carried. 8.3) Resolution Denying the Preliminary and Final Plat of Kingsview Heights 5th Addition 2009034) Scott Nielsen, attorney, stated he's representing EICHI, Inc., who is requesting preliminary and final plat approval of Kingsview Heights 5th Addition. This request was considered by the Council at their September 8 Council meeting. He provided bound handouts to the Council and the City Attorney that supported his clients request for preliminary and final plat approval of Kingsview Heights 5th Addition. He reiterated that if the neighborhood or the City wants to purchase the property, the applicant is would be open to that. Mr. Nielsen made the following statements as he referred to the exhibits contained in the documents that he provided to the Council and City Attorney: 1. The Planning Commission reviewed the proposed preliminary and final plats and stated that the property meets the zoning. 2. Staff doesn't have a document that indicates that this Outlot (Outlot J) is open space. Adopted Minutes 8 of 12 Regular Meeting of October 13, 2009 3. This Outlot wasn't part of the homeowners association (HOA) documents, and he is unaware of anything that clouds the development of this property. 4. EICHI, Inc. owns this Outlot and has been maintaining and paying taxes on this property since 1985. 5. Internal City staff communication from 1986 that contained a factual mistake. 6. Old Republic prepared a title report that indicates that EICHI, Inc. owns the Outlot. Nothing in the title records that indicate that this property is owned by anyone other than EICHI, Inc. 7. Documents indicate that this Outlot is "vacant land residential." 8. Nothing in the City's development contract states that this Outlot is an open space lot. 9. There is nowhere in any public document that states the HOA has an interest in this lot other than the 1986 memorandum. 10. Nowhere in the Declaration of Covenants dated March 7, 1986 states that this Outlot is an open space, trail, or anything, and this Outlot isn't included in the "common property." In addition, this Outlot wasn't referenced as going with the development as other Outlots in the development were. In addition to the above items, he noted there was a bidding process for the purchase of farmland adjacent to this Outlot, and the owner of this Outlot was outbid. After the sale of this property, there was the need for a sewer easement over this Oulot. The owner/developer of the Outlot informed the City that they could purchase the land for the sewer, but the City began condemnation procedures (he referenced October 16, 1986 correspondence to Sarah McConn — City staff). The owner of the Outlot informed the City that this property wasn't required as open space as part of the PUD, and he intended to sell it to build a church or build a house on it. One interpretation that this is after the platting and it's now in condemnation. They want to reduce the price for condemnation. Ms. McConn responds a week later and indicates that this Outlot was never mentioned for church or home, and that's incorrect. She notes that the HOA is to maintain the Outlot. Mr. Neilson stated the basis of this memo was that it was never mentioned that the Outlot would be sold or developed. Again, Ms. McConn draws this conclusion despite there is nothing stated in any document that this would be open space. Mr. Neilson stated on October 21, 1986 the City tells the property owner that they might not own the Outlot. Therefore, staff asked the property owner why he just doesn't give the easement to the City or be agreeable to $2,000 for the easement. He stressed that the City is dealing with the property owner in 1986 who was the owner of the property. Mr. Neilson referred to City Engineer correspondence dated April 7, 1987 (Exhibit 9) indicating that the City has started the condemnation proceedings for the Outlot. He also referred to City correspondence dated April 9, 1987 (Exhibit 10) stating that even though there are no documents to support it, the Outlot should be under the ownership of the HOA. He stated there was no basis for this assumpti6n. Mr. Neilson stated the Outlot and other outlots are on the PUD and outside the delineation. The Outlot was used for density but it wasn't part of the trail or open space, which is the same for the Outlots L, M, and N. Adopted Minutes 9 of 12 Regular Meeting of October 13, 2009 Councilmember Stein asked if this Outlot was excluded from the PUD, would the development have met the density requirements. Mr. Neilson replied no. Councilmember Johnson asked Mr. Neilson if he had a tax statement from 1986. Mr. Neilson replied no. Mr. Neilson referenced Exhibit 11, which was the Notice of Lis Pendens dated February 6, 1987 to the Harstads, and that continued when they discharged it to the Harstads who were the property owners. He stated the City didn't believe that the HOA were owners of the property as the condemnation actions were to the Harstads. Mr. Neilson stated after the condemnation, items 1, 2, and 3 of Exhibit 13, indicated that this Outlot wasn't included as open space, and it wasn't connected by walkways and trails. In addition, the Outlot wasn't part of the PUD common area. Martin Harstad added that this was a narrative that his father submitted to the City that was part of the microfiche records that the City has. Mr. Neilson stated the City denied Mr. Harstad's request in 1987 to build on this Outlot. He stated Mr. Harstad couldn't do anything about it. When the PUD was prepared, the Outlot was used for the density calculations. Mr. Harstad continued to pay taxes on the property, and HOA did nothing for the next 22 years. Mr. Neilson stated on Exhibit A, he referenced outlots L -N on the southeast side of the PUD and the location of Outlot J. On June 20, 1994, Mr. Harstad went to plat Outlots L -N. In that document, other outlots were included in the HOA, but not Outlot J. Outlots J, L -N, weren't designated as common space during the platting. Mr. Neilson stated his intent is to point out the factual basis of the 1986 memo from Sarah McConn that was used for condemnation. Ms. McConn was informed that this Outlot was going to be developed. It wasn't correct that this Outlot was going to be open space forever. He stated that correspondence has hurt the property owner for 22 years as they can't sell it unless the City wants to purchase the property. EICHI, Inc. owns the property, and they have a right to develop this property, and it complies with all the zoning. Mr. Neilson stated that he spoke with the Jim Yarosh, an attorney for the neighborhood, and he informed Mr. Yarosh that the HOA hasn't done anything with this Outlot until they had an interest in this property in 1996. Any claim that the HOA could have expired years ago, and they have no claim as it's barred by the Statute of Limitations. EICHI, Inc. is requesting that the City correct this mistake so that they are allowed to sell and/or develop this property. Councilmember Willis stated one of the exhibits speaks to a graphic design, and he asked Mr. Nielson if they have located that document. Mr. Neilson replied not at this time, but they are looking for the condemnation documents at Hennepin County. Adopted Minutes 10 of 12 Regular Meeting of October 13, 2009 Mr. Neilson commented that his client has the narrative from 1987 which doesn't speak to this Outlot being part of the open space for parkland and trails. Councilmember Johnson asked why these questions weren't answered at that time. Martin Harstad replied his father always represented that this Outlot would be developed in the future. He stated he nor did his siblings have any idea that there was a 1986 memorandum from Sarah McConn. Also, it would take an amendment to the PUD because of the density issue. His father was blindsided because there was no mention of this Oulot being open space. His father always intended to develop this property in the future. He stated he never even knew that the memorandum from Ms. McConn existed until he reviewed the City's microfiche records. The Council asked the City Attorney what the deadline is for action on this item. City Attorney Knutson replied the deadline to act on the application is November 9. Councilmember Willis asked Mn Harstad if they would grant a 60 day extension so the Council has additional time to review the material that has just been presented this evening. Mr. Harstad stated that he would agree to a 60 -day extension. Motion was made by Councilmember Black and seconded by Councilmember Johnson, to accept a 60 -day extension to continue the review of this application with a deadline of December 9. With all members voting in favor, the motion carried. Mayor Slavik requested staff to notify the neighborhood when this item is to appear before the Council again. Reports and Staff Recommendations 9.1) Future Study Sessions The Council set the following Special Meetings: 1. December 8 at 5:30 p.m. to review plans for the Hilde Performance Center. 2. November 30 at 6:00 p.m. to conduct board and commission interviews followed by a joint meeting with the Environmental Quality Committee (approximately 7:00 p.m.). 3. November 24 at 6:00 p.m. to conduct update with the City Manager. Mayor Slavik requested that for the joint meeting with the Environmental Quality Committee, staff prepare a list of priorities for 2010. Adopted Minutes 11 of 12 Regular Meeting of October 13, 2009 Adjournment Mayor Slavik adjourned the meeting at approxi tely 10:20 p.m. Sandra R. Engdahl, Ci Clerk Adopted Minutes 12 of 12 Regular Meeting of October 13, 2009