HomeMy WebLinkAboutCity Council Minutes 08-13-2013Adopted Minutes
Regular Council Meeting
August 13, 2013
Deputy Mayor Stein 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 13, 2013.
COUNCIL PRESENT: Deputy Mayor Stein, Councilmembers Bildsoe, Black, Wosje, Johnson,
and Willis.
ABSENT: Mayor Slavik.
STAFF PRESENT: City Manager Callister, City Attorney Knutson, Parks and Recreation
Director Evans, Public Works Director Cote, Planning Manager Thomson, Deputy Fire Chief
Springer, Police Chief Goldstein, Housing Manager Barnes, and City Clerk Engdahl.
Plymouth Forum
There was no one present to address the Council.
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 Johnson, to
approve thea enda. With all members voting in favor, the motion carried.
Consent Agenda
By request of Councilmember Wosje, item No's. 6.08 and 6.11 were removed from the Consent
Agenda and placed under General Business as item No's. 8.02 and 8.03 respectively.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to adopt
the amended Consent Agenda that included the followingitems: tems:
6.01) Minutes from the Special Meetings of June 1, June 24, June 25, July 9 and the Regular
Meetings of June 11, June 25, and July 9.
Adopted Minutes 1 of 9 Regular Meeting of August 13, 2013
6.02) Resolution Approving Disbursements ending August 3, 2013 (Res2013-237).
6.03) Approve 2012 Community Development Block Grant Consolidated Annual Performance
and Evaluation Report.
6.04) Resolution Approving a One -Year Extension of the Development Approvals for the
Reserve 3rd Addition for Property located West of Cheshire Parkway and North of 55th Avenue
North (2008003 - Res2013-239).
6.05) Resolution Approving a One -Year Extension of the Development Approvals for Quantum
Development for Property located at 12325 State Highway 55 (2008052 - Res2013-240).
6.06) Resolution Approving a One -Year Extension of the Development Approvals for the City
of Plymouth for "Bremer 2nd Addition" for Property located at 300 and 302 Zinnia Lane North
2010071 — Res2013-241).
6.07) Resolution Approving a Conditional Use Permit for Warren Wilkins for an Oversized
Garage for Property located at 5420 Balsam Lane (2013043 — Res2013-242).
6.08) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.02)
6.09) Resolution Approving a Conditional Use Permit for C. Johnson Landscape Design Group
for Messiah United Methodist Church located at 17805 County Road 6 (2013054 — Res2013-
243).
6.10) Resolution Awarding the Contract for the Joint Fiber/Conduit Project, Plymouth and
Hennepin County Phase Il (13018 - Res2013-244).
6.11) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.03)
6.12) Resolution Approving Temporary Liquor License for Church of the Epiphany (Res2013-
245).
6.13) Resolution Approving a Lease Agreement with Hennepin County for Voting Equipment
Res2013-246).
6.14) Resolution Approving Request for Payment No. 1 and Final and Termination of Contract
with Reliakor Services, Inc. for 2013 Street Sweeping Project (13013 - Res2013-247).
6.15) Resolution Rejecting Bids for the Dunkirk Lane Street and Utility Improvements (13015 —
Res2013-248).
Adopted Minutes 2 of 9 Regular Meeting of August 13, 2013
6.16) Resolution Approving a Conditional Use Permit and Variance to allow a Water -Oriented
Accessory Building for Three Rivers Park District at Clifton E. French Regional Park located on
the North Side of Medicine Lake (2013042 - Res2013-249).
6.17) Resolution Approving the Letter of Concurrence to the Federal Transit Administration
Res2013-250).
6.18) Resolution Approving the Filling of Wetlands and the Wetland Replacement Plan
Application for Creek Ridge (2013018 - Res2013-251).
6.19) Resolution Approving a Final Plat and Development Contract for Ryland Homes, for
Creek Ridge" for 20 Single Family Lots and One Outlot for Property located at 5405 Vicksburg
Lane North (2013018-F — Res2013-252) and a Resolution Adopting Assessments for Trunk
Sanitary Sewer and Water Main for Creek Ridge (20143018-17 — Res2013-253).
6.20) Ordinance Amending Chapter 21 of the City Code to Classify Certain Land located at
5405 and 5335 Vicksburg Lane North (2013058 — Ord2013-24), Resolution Approving Findings
of Fact for the Rezoning of Land located at 5405 and 5335 Vicksburg Lane North (2013058 —
Res2013-254), Resolution Approving a Preliminary Plat and Final Plat for Ryland Homes for
Creek Ridge Second Addition" for Two Single Family Lots for Property located at 5405 and
5335 Vicksburg Lane North (2013058 — Res2013-255), and a Resolution Adopting Assessments
for Trunk Sanitary Sewer and Water Main for Creek Ridge Second Addition (2013058-F —
Res2013-256).
6.21) Resolution Approving the Natural Resources Incentives for Critical Habitat for
Professional Services Agreement with Hennepin County Department of Environmental Services
for the 400 Project (Res2013-257).
6.22) Resolution Approving a Site Plan Amendment and Conditional Use Permit Amendment
for Independent School District No. 284 for an Addition to the Central Services Building located
at 17305 19th Avenue (2013055 — Res2013-258).
6.23) Resolution Accepting Streets for Continual Maintenance for Taryn Hills 9th Addition
2010012 — Res2013-259).
6.24) Resolution Accepting Streets for Continual Maintenance for Taryn Hills 10th Addition
2010072 — Res2013-260).
6.25) Ordinance Amending Chapter 10 of the City Code Concerning Plymouth Creek Center
and Millennium Garden Fees (Ord2013-25) and a Resolution Approving Amendments to the
Plymouth Creek Center and Millennium Garden Policies (Res2013-261).
6.26) Resolution Authorizing Renewal of the Contract with the State of Minnesota for the Fire
Department to Provide Response Services in the Event of Radiological Incidents at the
Monticello and Prairie Island Nuclear Facilities for Fiscal Years 2014 and 2015 (Res2013-262).
Adopted Minutes 3 of 9 Regular Meeting of August 13, 2013
6.27) Resolution Approving a Site Plan Amendment for Regency Centers for New Site Lighting
at Rockford Road Plaza Located at 4190 Vinewood Lane (2013060 — Res2013-263).
6.28) Resolution Approving a Variance for Jesus Diaz for Property located at 3225 County
Road 101 (2013059 — Res2013-264).
6.29) Resolution Approving a Final Plat and Development Contract for GWS Land
Development of Plymouth, LLC for "Steeple Hill 2nd Addition" for Property Located at 16440
County Road 47 (2013023F — Res2013-265) and a Resolution Adopting Assessments for Trunk
Sanitary Sewer and Water Main for Steeple Hill 2nd Addition (2013023-17 — Res2013-266).
With all members voting in favor, the motion carried.
Public Hearinsts
7.01) Vacation of a Drainage and Utility Easement for Ponding and a Portion of a
Drainage and Utility Easement in Lot 1, Block 1, Providence Academy.
Public Works Director Cote reported on the proposed vacation.
Deputy Mayor Stein opened the public hearing.
Deputy Mayor Stein closed the public hearing.
Motion made by Councilmember Willis, and seconded by Councilmember Bildsoe, to adopt a
Resolution Approving the Vacation of a Drainage Easement for Ponding and a Portion of a
Drainage and Utility Easement in Lot 1, Block 1, Providence Academy Res2013-267). With all
members voting in favor, the motion carried.
7.02) Vacation of Street and Utility Easement within the Southeast Quarter of the
Southeast Quarter of Section 05-118-22
Public Works Director Cote reported on the proposed vacation.
Deputy Mayor Stein opened the public hearing.
Deputy Mayor Stein closed the public hearing.
Motion made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to adopt a
Resolution Approving the Vacation of a Street and Utility Easement within the Southeast 1/ of the
Southeast 1/ of Section 5-118-22 (Res2013-268). With all members voting in favor, the motion
carried.
Adopted Minutes 4 of 9 Regular Meeting of August 13, 2013
7.03) Issuance of Senior Housing Revenue Bonds for PHS WestHealth, Inc. Project
Housing Manager Barnes reported on the proposed project.
Deputy Mayor Stein opened the public hearing.
Deputy Mayor Stein closed the public hearing.
Motion made by Councilmember Willis, and seconded by Councilmember Bildsoe, to adopt a
Resolution Giving Preliminary Approval to a Project on Behalf of PHS WestHealth, Inc. and its
Financing Under Minnesota Statutes, Sections 469.152 to 469.165; Referring the Proposal to the
Minnesota Department of Employment and Economic Development for Approval (Res2013-
269). With all members voting in favor, the motion carried.
General Business
8.01) Preliminary Plat for Cedar Hollow 2nd Addition (K. Hovnanian Homes — 2013064)
Senior Planner Darling reported on the proposed request. She stated the Planning Commission
recommended approval of the preliminary plat with the following changes:
1. Add a condition that the applicant plat the right-of-way to the south property line, but not
construct the street south of the creek until the property to the south develops and submit
a cash deposit for construction of the street.
2. The trail remain in its current configuration on the north side of the creek, not along the
south property line as recommended by staff, due to the steepness of the grades in the
ditch/creek. The commission added a condition that the applicant grade the trail, but not
construct it until additional trail easements are acquired to continue the trail to the
Schmidts Gardens Subdivision.
3. The commission recommended that Outlot B remain as undevelopable outlot under the
ownership of the developer until development is proposed on the adjacent property.
Although this creates a remnant property, the commission concluded that the grades in the
ditch/creek would complicate a trail crossing.
Kevin Clark, applicant, stated what's before the Council this evening is what was presented on
July 20. He stated they can construct a turnaround in that area as recommended by the Planning
Commission under item No. 1. With the trail issue, they could go either way.
Larry Tolle, 4429 Urbandale Court, resident of Schmidt Gardens east of this development, stated
he's concerned about the parkland and would like to see more. He stated he supports the original
proposal where there was a turnaround and a nice park to the south. The plat currently shows
three homes on the southeast quarter and a third of the park has been removed. The outlot for the
future trail is basically a heavily wooded creek and wetland. It would be very difficult to
construct a trail there and get back on stable land to the southern most lot. The Busch's aren't
ever going to sell the land. There will be a stub road that goes into the woods and stops. He
Adopted Minutes 5 of 9 Regular Meeting of August 13, 2013
suggested that if the Council is desiring a second access, to go to the west. The creek runs
through there, but the developer could just put in a culvert and fill.
By request of Councilmember Stein, Public Works Director Cote addressed the road issue. He
stated they did look at extending the road between the two developments, and the grades were 15
feet to accommodate grade changes over 100 feet, which is a fairly significant grade change.
Councilmember Stein asked Park and Recreation Director Evans about the proposed parkland.
She stated staff is comfortable with the parkland proposed. A typical park usually includes a
playground, trail, and possible basketball court. The proposed park would be very similar to a
neighborhood park with a wooded area, trails, half court basketball court, and perhaps a shelter.
With the adjustment of the lots on the east side of the road, staff feels comfortable in adding the
trail connection to the playfields on the other side of Brockton lane and the play area. When the
property develops to the south, more parkland will be added.
Councilmember Wosje asked if residents on Urbandale Court would have access to the proposed
parkland in this development. Park and Recreation Director Evans replied no unless someone
gives an easement for access.
Councilmember Bildsoe stated his concern that if the road isn't extended to the south property
line, and a development is proposed in the future, there could be tremendous opposition. He
stated he doesn't see a problem in keeping the trail on the north side of the creek as suggested by
the Planning Commission.
Councilmember Black stated she supports the plat as it currently is. She stated the Council needs
to preserve access for residents in the future. She understands that the Busch family might not
sell their property or relocate, but based on her experience serving on the Council, things can
change.
Councilmember Bildsoe stated he's concerned about moving the trail to the north of the creek
which would create a wedge type of situation for the homeowners association.
Councilmember Stein stated he supports stubbing in the road to the south property line. He also
prefers the trail to the south of the creek. He asked if that would pose grade problems. Park and
Recreation Director Evans replied there are advantages to both sides.
Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe, to
adopt a Resolution (road would be stubbed to the south property line and the trail would be on
the north side of the creek) (Res2013-270). With all members voting in favor, the motion
carried.
8.02) Conditional Use Permits for RyAnne Quirk for Fun City Dogs for Property located
at 1005 State Highway 169 (2013053)
Adopted Minutes 6 of 9 Regular Meeting of August 13, 2013
Councilmember Wosje stated the applicant's facilities in Minneapolis back up to industrial uses.
He stated there's a residential area being constructed a block away from this site. He stated he's
concerned about the City's noise ordinance that includes a prohibition on animal noise that
unreasonably disturbs the comfort or repose of any person with frequent or continued noise. He
stated this facility would be located adjacent to Banner Engineering, where they're focusing on
engineering diagrams, and a single bark might seem unreasonable. He stated he's concerned the
Council could be setting a situation that will be bad for everyone.
By request of Councilmember Willis, Senior Planning Darling stated the outdoor exercise area
for the dogs would be 160' from Banner Engineering.
RyAnne Quirk, applicant, stated Fun City Dogs is a daycare and boarding facility. She invited
Banner Engineering to meet or visit with them, but they didn't respond. She stated there is a
housing complex next to her facility in Minneapolis, and they haven't had any complaints. There
are also a variety of businesses in the same area. The Minneapolis location has a chain link fence
with bikers passing by where it can create dogs to bark. There will be privacy fence at this
locationin Plymouth so the dogs can't see people going by. She noted that Banner Engineering
doesn't have any windows that open. This location is along Highway 169,and the traffic noise
would be louder than her dogs. In addition, the previous company as this location was a saw
cutting business which is also noisier than the dogs.
Councilmember Black asked if the dogs would be unattended on the west side of the building.
Ms. Quirk replied no. That's just a break area where the dogs are in groups of 10 to 15 and are
supervised.
Councilmember Johnson stated she's concerned about condition No. 3 of the resolution stating
that any violation of the noise ordinance shall be grounds for revocation. She stated if there is a
complaint that is lodged, essentially that would put their conditional use permit in jeopardy. She
asked how staff would manage that. Planning Manager Thomson replied if the conditions in the
conditional use permit are violated, it's a process, not an event. Staff works with the individual
to see what can be done.
Councilmember Wosje stated he just wanted to make sure that this is right site for this business.
Councilmember Bildsoe stated he feels this is a good site, and he noted the noise that is
generated from Highway 169. He stated the applicant knows her business and what it takes to
mitigate any problems.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt
a Resolution Approving Conditional Use Permits for RyAnne Quirk for Fun Cily Dogs for
Property located at 1005 State Highway 169 (2013053 — Res2013-271). With all members
voting in favor but Wosje, the motion carried.
8.03) Encroachment Agreement for a Garage within a Drainage and Utility Easement at
2730 Black Oaks Lane
Adopted Minutes 7 of 9 Regular Meeting of August 13, 2013
Councilmember Wosje stated the Council received correspondence from two residents concerned
about the garage itself. He stated he would like to discuss those issues and get a better
understanding of the drainage plans for this property so it doesn't adversely affect neighboring
properties.
Councilmember Willis stated there were some errors made administratively. However, the
garage has been completed. He stated the drainage issue is a concern because it drains to the east
which is very flat. He recommended that before this encroachment agreement is approved, staff
meet with the property owner to make sure that access to this structure is in order (if it's new
driveway or existing driveway), and whether or not the building can handle the drainage slope on
the north side of the building. The building is so tight to the property line and high.
Motion was made by Councilmember Willis, and seconded by Councilmember Wosje, to table
this item until staff can meet with the property owner to resolve the access and drainage issues.
Planning Manager Thomson stated she and Building Official Ryan met with the property owner
yesterday so a conversation has been started. In front of the garage, the grass would be replaced
with two strips of pavers to allow a vehicle to access the garage occasionally.
Councilmember Willis asked what the intended use is for the garage. Senior Planner Darling
replied it would be for personal items and a workshop.
Councilmember Willis asked if the existing driveway could connect to the new garage. Senior
Planner Darling replied the City could require that. However, it's kind of awkward as you would
drive across the front yard. The property owner stated the ruts that were created in the yard were
caused by the concrete truck. The property owner intends to put'in reinforced pavers and new
sod next year.
Councilmember Bildsoe stated he looked at the site and moving the driveway wouldn't look
good. It's a big structure, but it looks well constructed. He stated he's concerned about timing
and if the Council is creating a problem as it's getting the end of a construction season.
Councilmember Willis stated he just wants to make sure that the drainage issues are
appropriately addressed.
Councilmember Wosje stated his concern wasn't to stop the construction, but to address the
drainage of the property. The drainage runs right down to the property line to the northeast.
The Council voted on the motion and with all members voting in favor, the motion carried.
Reports and Staff Recommendations
Adopted Minutes 8 of 9 Regular Meeting of August 13, 2013
9.01) Declare Vacancy in Ward 4 Councilmember Position and Establish Process to Fill
Vacancy
Councilmember Black announced her resignation effective September 30. She stated staff
prepared a proposed schedule for her replacement, and she suggested that some specific
questions regarding issues in Ward 4 be added to the application.
Motion was made by Councilmember Willis, and seconded by Councilmember Johnson, to adopt
a Resolution Declaring Vacancy to Exist in Ward 4 City Council Seat (Res2013-238). With all
members voting in favor, the motion carried.
Adjournment
Deputy Mayor Stein adjourned the Regular Meeting at 8:23 p.m.
Adopted Minutes 9 of 9 Regular Meeting of August 13, 2013