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HomeMy WebLinkAboutCity Council Minutes 06-25-2013Adopted Minutes Regular Council Meeting June 251, 2013 Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:03 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on June 25, 2013. COUNCIL PRESENT: Mayor Slavik, Councilmembers Stein, Bildsoe, Wosje, Johnson, Black, and Willis. ABSENT: None. STAFF PRESENT: City Manager Ahrens, Administrative Services Director Callister, City Attorney Knutson, Parks and Recreation Director Evans, Public Works Director Cote, Community Development Director Juetten, Volunteer Coordinator Maes, Deputy Fire Chief Springer, Deputy Police Chief Plekkenpol, Deputy Director Northway, and City Clerk Engdahl. Plymouth Forum No one was present to address the Council. Presentations and Public Information Announcements 4.01) Announcement of Music in Plymouth on July 2 Representatives from the Plymouth Civic League announced this year's Music in Plymouth on July 2 and the 5K run on June 29. 4.02) Announcement of 20th Anniversary of Volunteers Volunteer Coordinator Maes announced the 20th anniversary of the City's Volunteer Program. 4.03) Acceptance of Athletic Association Donations Deputy Director Northway announced the donations received from the Plymouth Wayzata Youth Baseball Association for improvements to Greenwood Park ($92,065), Plymouth Wayzata Youth Softball Association for improvements to Oakwood Playfield ($22,000), and Wayzata Youth Hockey Association for improvements to the Plymouth Ice Center ($11,730). Community Service Awards were presented to all three organizations. Adopted Minutes 1 of 9 Regular Meeting of June 25, 2013 Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to adopt a Resolution Accepting the Donations (Res2013-181). With all members voting in favor, the motion carried. 4.04) Announcement of Vicksburg Lane Railroad Crossing Changes Public Works Director Cote reported on the improvements made by the railroad for their crossing on Vicksburg Lane. In order to accommodate the increased train speeds, the railroad had to adjust their tracks to increase the super elevation on curves. He illustrated the super elevation that the railroad created on the Vicksburg Lane railroad tracks. He stated unfortunately, the City has no jurisdiction over the railroad or these improvements, but has heavily signed the roadway and put out the speed trailer to warn motorists to slow down. He also provided an update on the Dunkirk Lane to Vicksburg Lane developments. Councilmember Johnson requested increased police enforcement in that area for safety of the children. City Manager Ahrens and Park and Recreation Director Evans gave an update on the recent storms in the City and the cleanup efforts. Mayor Slavik announced that the Council has chosen current Administrative Services Director Callister to serve as the City's new City Manager. She stated she would be working with the Human Resources Director to prepare an employee agreement for approval at the July 9 Council meeting. She and the Council congratulated City Manager Ahrens on her retirement. Approval of Agenda By request of Councilmember Black, an update on the Nathan Lane/Schmidt Lake Road stoplight was added to the agenda as item No. 9.02 under Reports and Staff Recommendations. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to approve the amended agenda. With all members voting in favor, the motion carried. Consent Agenda Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to adopt the Consent Agenda that included the followingitems: ems: 6.01) Minutes of the Special and Regular Council Meetings of May 28. 6.02) Resolution Approving Disbursements ending June 15, 2013 (Res2013-182). Adopted Minutes 2 of 9 Regular Meeting of June 25, 2013 6.03) Resolution Approving Request for Payment No. 2 and Final for 45th and Nathan Drainage Improvement (11021 — Res2013 -183 ). 6.04) Resolution Awarding the Contract for the Ferndale North Lift Station Rehabilitation Project (12028 — Res2013-184). 6.05) Ordinance Amending Chapter 21 of the City Code to Classify Certain Land located at 4400 Holly Lane North (2013027 — Ord2013-18), Resolution Approving Findings of Fact for the Rezoning of Land located at 4400 Holly Lane North (2013027 — Res2013-185), and a Resolution Approving a Preliminary and Final Plat for Pete Peter for "Holly Lane Addition" for Property located at 4400 Holly Lane North (2013027 — Res2013-186). 6.06) Ordinance Amending Section 21465.03 of the City Code allowing Tutoring/Learning Centers as a Permitted Use (2013041 — Ord2013-19) and a Resolution Approving Findings of Fact for Zoning Ordinance Text Amendment to Section 21465.07 to allow Tutoring/Leaming Centers as a Permitted Use in the C-3 Zoning District (2013041 — Res2013-187). 6.07) Resolution Approving Variances for the Terra Vista Homeowners Association to allow a Five -Foot Fence and a Pool Deck in a Front Yard at 16605 59th Avenue (2013044 — Res2013- 188). 6.08) Resolution Approving Contract with the State of Minnesota Institution Community Work Crew for 2013-2014 (Res2013-189). 6.09) Resolution Supporting Capital Appropriation Request for the Plymouth Ice Center Res2013-190). 6.10) Resolution Accepting Donations for City of Plymouth Special Events, Programs and Park Projects (Res2013-191). 6.11) Resolution Approving Agreement for Artwork between the City and James Anthony Bearden (Res2013-192). With all members voting in favor, the motion carried. Public Hearings There were no public hearings. General Business 8.01) Rezoning and Preliminary Plat for Cedar Hollow (K. Hovnanian Homes — 2013022) Adopted Minutes 3 of 9 Regular Meeting of June 25, 2013 Community Development Director Juetten reported on the proposed Rezoning and Preliminary Plat for Cedar Hollow. This development would contain 40 lots for single-family homes on property located south of Highway 55 between 46th Avenue and Urbandale Court in the Wayzata School District. He stated the Planning Commission voted unanimously to approve this development at their June 5 meeting. He noted that one resident expressed a concern that the development would exacerbate an existing drainage problem in the rear lots of the homes in the Schmidts Gardens subdivision (east of Cedar Hollow). Staff noted that the applicant has designed the development's storm water to flow west into a drainage pond and then into the large wetland basin. For the lots closest to Schmidts Gardens, they would create swales in the rear yards adjacent to Schmidts Gardens to direct surface water to catch basins or directly into the large wetland basin on the northeast corner of the site. He stated another resident was concerned that the traffic entering Highway 55 has long waits due to traffic volume on Highway 55 and that trains can block the Hamel entry to this area for 10 minutes. The resident was concerned that the current roadways are not designed to accommodate this new development or the Park Nicollet development. Staff responded that frequently development precedes traffic improvements and the Comprehensive Plan indicates the frontage road could be connected with County Road 101 in the future as development occurs. Staff also noted that traffic studies are not required for developments that are proposed consistent with the Comprehensive Plan. Councilmember Bildsoe stated he's concerned about the one access, which the City might regret someday when Highway 55 is improved. Councilmember Willis asked about the road that would go from Brockton Lane on the west towards Highway 101 on the east as the Len Busch property further develops. Community Development Director Juetten stated staff didn't pursue another access to the south due to the future parkland in that location. However when and if the Busch property develops, there could be options for another access to this site. Councilmember Johnson stated she would like to see another option to stub in a road to the south. This is a lot of density for one access. Kevin Clark, representing the applicant, stated from the beginning, they were told to be sensitive to the parkland. They met with staff, and it was evident that this was a key item moving forward. How they designed the development was based on those discussions. He stated the site is unique because it's on a frontage road, to the east is the Schmidts Gardens property, to the south is parkland, and on the west is a large wetland basin and wraps around to the entrance of the development. A good portion of their entrance was impacted by the wetland. Also, quite a bit of drainage from the Schmidts Gardens goes on their property, and that's being addressed with swales and storm water inlets. The density is at 2.8 1 units per acre with 95 foot width lots abutting Schmidts Garden. He stated these are unique parcels in the City's Comprehensive Plan and for the proposed use. They are trying to be respectful of the natural amenities, neighborhood Adopted Minutes 4 of 9 Regular Meeting of June 25, 2013 concerns, and the City's long term vision for a park. He stated the opportunity to put in a widened access is a good solution for this site. Councilmember Bildsoe asked if they could stub in a road on the southeast portion of the site in place of two lots. Mr. Clark replied that wouldn't be a problem. Public Works Director Cote stated if it's the Council's desire to stub a street into the development, staff recommends that it be stubbed in the southwest part of the property. Councilmember Stein stated he doesn't support only one access to a development. Councilmember Johnson asked if it's possible to ask the property owners of the parcel to the south and west of this property for looping of this property and second access. Mr. Clark replied they could contact the adjacent property owner but would have no control over when or what they desire to do with their property. They would be willing to work with the Council and eventually extend the review deadline if necessary. Motion was made by Councilmember Willis, ands seconded by Councilmember Black, to table this item to July9. The Council requested the applicant to explore a full secondary access to the development from the southwest side of the property. Mr. Clark asked the Council if they would consider looking at a "ghost plat" for the access from the Len Busch property. The Council replied yes. With all members voting in favor, the motion carried. 8.02) Land Use Guide Plan Amendment, Rezoning, Preliminary Plat, and PUD General Plan for Steeple Hill Second Addition (GWS Land Development of Plymouth, LLC -- 2013023) Community Development Director Juetten reported on the Land Use Guide Plan Amendment, Rezoning, Preliminary Plat, and PUD General Plan for Steeple Hill Second Addition. The development would be 51 lots for single-family homes. The Planning Commission recommended approval of these applications at their June 5 meeting. He noted one resident stated a concern that the development would alter the volume of water flowing into the wetland located east of the property in Steeple Hill. Staff responded that the applicant has proposed to drain the front of the adjacent lots (yard, driveway, and front of the roof for Lots 4-6), toward the street and into the constructed drainage pond in the middle of the subdivision. The rear yards and back half of the roof would drain to the wetland. The developer stated that he sees the wetlands as an amenity for his lots and has designed the development to treat them as such. He doesn't expect the amount of water flowing into this wetland to change from what flows there currently. Adopted Minutes 5 of 9 Regular Meeting of June 25, 2013 He stated a resident had a concern that the catalpa trees on the subject property would be removed and James Koshiol stated a concern that the catalpa trees on his property would be harmed due to the proximity of construction. Rebecca and James Koshiol also submitted correspondence from an arborist that indicates that the trees on their property at 16320 61 st Avenue would be unlikely to survive if the homes in the Steeple Hill 2nd Addition were constructed as close as six to eight feet west of the shared property line. The developer responded that they are saving the trees that they can, and they have more flexibility saving trees in the rear yards than on the side yards. Lastly, a resident had a concern that the Steeple Hill neighborhood is not connected to any parks or trails except the trail constructed along County Road 47 from Yuma Lane to Vicksburg Lane. Staff responded that the trails are proposed to be constructed along County Road 47, Vicksburg Lane, and Dunkirk Lane as those roadways are constructed. Three neighborhood parks are planned in the area, one south of the Plymouth Dog Park, one at the south end of Dunkirk Lane, and one north of County Road 47 west of Lawndale Lane. These parks would be constructed after the land is acquired either by purchasing the property or with land dedicated with development. Mayor Slavik asked what the City can do regarding additional setbacks for those trees that the Koshiols have mentioned. City Attorney Knutson replied there are no requirements in the Zoning Ordinance to increase setback for trees on adjoining properties. Dave Gonyea, applicant, stated they would be willing to stipulate an eight foot side setback on that lot so they are 10 feet away from the trees. They would be further away than the existing house. Also, they could look at root pruning those trees. Councilmember Johnson asked if there is a possibility to construct a neighborhood park amenity. Mr. Gonyea replied part of the problem is having the 50 property owners pay for that park when there are adjacent neighborhoods on both sides that will want to use that private park. It would be better for a City park in this area. Motion was made by Mayor Slavik, and seconded by Councilmember Johnson, to adopt a Resolution Approving a Comprehensive Plan Amendment for Properties located at 16440 County Road 47 (2013023 — Res2013-194), Ordinance Amending Chapter 21 of the City Code to classify Certain Land located at 16440 County Road (2013023 — Ord2013-20), Resolution Approving Findings of Fact for the Rezoning of Land located at 16440 County Road 47 (2013023 — Res2013-193), Resolution Approving a Preliminary Plat for GWS Land Development of Plymouth, LLC for "Steeple Hill 2nd Addition" for Property located at 16440 County Road 47 2013023 — Res2013-195) with an added condition that there be an eight foot side yard setback for the east lot adjacent to Koshiols' trees, and a Resolution Approving a PUD General Plan for Steeple Hill 2nd Addition on Property located at 16440 County Road 47 (2013023 — Res2013- 196). With all members voting in favor, the motion carried. Adopted Minutes 6 of 9 Regular Meeting of June 25, 2013 8.03) Site Plan Amendment, Conditional Use Permit, and Variance for Alterations/Additions to Athletic Facilities (Providence Academy — 2013024) Community Development Director Juetten reported on the application of Providence Academy for Site Plan Amendment, Conditional Use Permit amendment, and Variances for athletic facility improvements on their property located 15100 Schmidt Lake Road. The Planning Commission recommended approval of these applications at their June 5 meeting. He noted concerns that were expressed by adjacent residents at the Planning Commission that are contained in the staff report materials regarding impact of the project on property values and the direct sight line to the dome. Councilmember Willis stated his concern what the site lines might look like if the dome is up and visible. Community Development Director Juetten stated the applicant has provided additional information since the Planning Commission meeting for enhanced landscaping improvements to address those concerns. He illustrated the schematic drawings of what the improved landscaping efforts would do for a couple of property owners. Councilmember Willis stated the applicant has tried to address those kinds of concerns in a reasonable fashion recognizing that dome structures are massive in volume when they are in place. They have made a reasonable attempt to accommodate the visual concerns in the neighborhood and being a good neighbor. Motion was made by Councilmember Willis, and seconded by Councilmember Johnson, to adopt a Resolution Approving a Site Plan Amendment, Conditional Use Permit Amendment, and Variances for Athletic Facility Lmprovements at Providence Academy, 15100 Schmidt Lake Road 2013024 — Res2013-197). Headmaster Todd Flanders, applicant, requested a modification to allow them to have the lights and activities go longer than 10:30 p.m. This would allow for greater flexibility and rental of hours as well as weekend hours. Mayor Slavik asked what the hours are the Plymouth Creek Center and Central Middle School domes. Park and Recreation Director Evans replied individuals can book the Plymouth Creek Center dome until 10:30 p.m., so the latest it's open is 11:30 p.m. At Central Middle Middle School, it's closed at 10:30 p.m. Del Erickson, architect for the project, stated other facilities in the metro area go until midnight. They would only have it open later than 10:30 p.m. if there would be a request to extend the hours. Councilmember Black stated she has a concern in extending the hours past 10:30 p.m. due to the close proximity to the residential area. Adopted Minutes 7 of 9 Regular Meeting of June 25, 2013 Councilmember Johnson asked if the Council or the applicant would consider allowing so many events per year that could go until midnight. Headmaster Flanders stated that would be acceptable to them. Councilmember Stein stated he doesn't want to deviate from the restrictions that are already at the Central Middle School. Councilmember Bildsoe agreed. Community Development Director Juetten stated the applicant can request an amendment to the Conditional Use Permit in the future if they find a need to extend the hours past 10:30 p.m. The Council voted on the motion and with all members voting in favor, the motion carried. Reports and Staff Recommendations 9.01) Policy on Selection of Advisory Boards and Commissions City Manager Ahrens stated by request of the Council, staff reviewed the Policy on Selection of Advisory Boards and Commissions and has provided one amendment. Item No. 4 under selection and appointment process would be deleted which references interviewing applicants on an every other year basis. The Council requested two other amendments: 1. Item No. 1 under performance standards would state, "A minimum of 80% annual attendance at meetings and work sessions and 75% attendance for those committees that meet quarterly." 2. Item No. 1 under length of terms and maximum service, the last line would state, "In order to strike a balance between continuity of membership and providing additional opportunities for volunteer service, the Council has determined that appointments to its boards, commissions, and committees shall be for a maximum of two consecutive terms." Motion was made by Councilmember Stein, and seconded by Councilmember Bildsoe, to adopt a Resolution Amending Policy Relating to Selection, Performance and Orientation of Person Appointed to Boards, Commissions, and Committees (Res2013-198). With all members voting in favor, the motion carried. 9.02) Update on Nathan Lane/Schmidt Lake Road Intersection Signalization By request of Councilmember Black, staff gave a brief update on the Nathan Lane/Schmidt Lake Road intersection signalization. Public Works Director Cote added staff will be going out for design plans in three weeks. Hope to have the project completed this fall. Adjournment Adopted Minutes 8 of 9 Regular Meeting of June 25, 2013 Mayor Slavik adjourned the Regular Meeting at 10:05 p.m. Adopted Minutes 9 of 9 Regular Meeting of June 25, 2013