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