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HomeMy WebLinkAboutCity Council Minutes 02-28-2012Adopted Minutes Regular Council Meeting February 28, 2012 Mayor Slavik 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 February 28, 2012. Cub Scout Pack 539 led everyone in the Pledge of Allegiance. COUNCIL PRESENT: Mayor Slavik, Councilmembers Stein, Willis, Bildsoe, Black, Johnson, and Wosje. ABSENT: None. STAFF PRESENT: City Manager Ahrens, City Attorney Poehler, Parks and Recreation Director Evans, Public Works Director Cote, Community Development Director Juetten, Police Chief Goldstein, Senior Planners Drill and Darling, and City Clerk Engdahl. Plymouth Forum No one was present to speak at the Plymouth Forum. Presentations and Public Information Announcements 4.01) Announcement of City Sampler on March 3 Mayor Slavik announced the City Sampler on March 3 from 9:00 a.m.-Noon at City Hall. 4.02) Announcement State of the City Meeting on March 7 Mayor Slavik announced the State of the City Meeting on March 7 at 7:30 a.m. at City Hall. Approval of Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to approve the agenda. With all members voting in favor the motion carried. Consent Aeenda Adopted Minutes 1 of 8 Regular Meeting of February 28, 2012 Item No's. 6.04, 6.05, and 6.15 were removed from the Consent Agenda and placed under General Business as item No's. 8.02-8.03 respectively. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to adopt the amended Consent Agenda that included the following items: 6.01) Requested amendment to the January 24 Regular Council Meeting minutes, February 14 Regular Council Meeting minutes, and February 22 Special Council Meeting minutes. 6.02) Resolution Approving Disbursements ending February 18, 2012 (Res2012-061). 6.03) Ordinance Amending Chapter 21 of the City Code (Ord2012-05), Ordinance Amending Chapters 5, 6, 10, and 20 of the City Code (Ord2012-06), and a Resolution Approving Summary Publications of Ordinances (Res2012-062). 6.04) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.02). 6.05) (This item was removed from the Consent Agenda and placed under General Business as No. 8.03) 6.06) Resolution Approving a Conditional Use Permit for Accessory Retail for Performance Pool and Spa Inc. for Property located at 2405 Annapolis Lane (2012002 — Res2012-063). 6.07) Resolution Amending Assessments for County Road 101 from 13`h Avenue to 30`h Avenue Reconstruction Project (5102 — Res2012-064). 6.08) Resolution Approving Payment No. 5 and Final for Parkers Lake Storm Water Lift Station Rehabilitation (10017 — Res2012-065). 6.09) Resolution Approving Change Order No. 1 for the Deep Well No. 17 Project (10024 — Res2012-066). 6.10) Accept 2012 Planning Commission Work Plan. 6.11) Resolution Approving Encroachment Agreement for a Compressor and Electrical Service for an Aerator in Schmidt Lake (Res2012-067). 6.12) Resolution Approving Plans and Specifications and Ordering Advertisement for Bides for the 2012 Sanitary Sewer Lining Project (12007 — Res2012-068). 6.13) Resolution Approving Plans and Specifications and Ordering Advertisement for Bid for the 2012 Crack Repair Program (Res2012-069). Adopted Minutes 2 of 8 Regular Meeting of February 28, 2012 6.14) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for 2012 Street Sweeping Program (12012 — Res2012-070). 6.15) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.04). 6.16) Resolution Designating Municipal State Aid Streets — part of 6th Avenue from Revere Lane to Kilmer Lane and part of Kilmer Lane from 6th Avenue to 10'h Avenue (Res2012-071). 6.17) Resolution Approving Expenditure from Resource Planning Fund (Res2012-072). With all members voting in favor, the motion carried. Public Hearines 7.01) On -Sale and Sunday Intoxicating Liquor Licenses for Baja Sol Tortilla Grill, 10100 6th Avenue North, Suite 102 City Clerk Engdahl reported on the on -sale and Sunday intoxicating liquor licenses of Baja Plymouth, LLC, d/b/a Baja Sol Tortilla Grill at 10100 6tt' Avenue North. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt With all members voting n favor, the motion carried. General Business 8.01) Rezoning and Preliminary Plat for "Terra Vista" Development at the Southeast Corner of County Road 47 and Dunkirk Lane (GWS Land Development of Plymouth, LLC 2011095) Senior Planner Darling reported on the rezoning and preliminary plat applications for the "Terra Vista" development located at the southeast corner of County Road 47 and Dunkirk Lane. She spoke of the revised preliminary plat resolution at the Council's places this evening that reworded item 6b(3) of the resolution to state, "Provide a public street connection to 5915 Dunkirk Lane. The right-of-way shall align with 59th Avenue as shown in the Exhibit submitted February 28, 2012." Councilmember Stein reported on correspondence received from Dana and Sherry Reinke, 16405 County Road 47. Senior Planner Darling explained there are two access points to their property, with one access being on the south side of their property and one off a stub street in this proposed Adopted Minutes 3 of 8 Regular Meeting of February 28, 2012 development near County Road 47. Reinkes are requesting that the road located just to the south of that stub road be extended through the proposed cul-de-sac to serve their property. Councilmember Black asked why Reinkes aren't supportive of the southerly access road. Senior Planner Darling replied staff is unsure. Steve Roell, 5915 Dunkirk Lane, stated he supports the latest proposal regarding right-of-way aligning with 59th Avenue. He thanked staff and the developer for the help they provided him. Paul Hetchler, 5855 Dunkirk Lane, stated his original concern was his driveway access as they have a special needs daughter that gets picked up by a bus everyday so he desired a turn around area on Dunkirk Lane for that bus versus backing out on a curve. The latest proposal that was presented today addresses that concern, and he also thanked staff and the developer for working with him. Paul Wardell, 16395 County Road 47, stated he supports this development, but he wanted to share a few concerns with the Council that could have unintended consequences in the future. He stated drainage from this development would drain east onto his property, so he's concerned about erosion. The wetland on his property used to contain water, but this is a beautiful pond as there is no fertilizer runoff from adjacent properties to this pond. He's concerned about the volume and the quality of water flowing into this pond, as he would hate to think that three to five years from now, this pond would become a green sluggish pond. His stated his second concern is the access on County Road 47. He noted the high volume of traffic in the mornings heading east on County Road 47. There is no stoplight along that stretch, and there are many days he has trouble getting on County Road 47. With the proposed development, there will be even more traffic on County Road 47. He stated the traffic on County Road 47 isn't coming from Plymouth residents but people from other communities who are heading east to go on Vicksburg Lane and then south to Highway 55. Bob Schoeneberger, 16845 County Road 47, who lives west of this development, thanked the developers for the latest change to 59th Avenue in this development. Councilmember Black asked about drainage of this site both during and after construction and for the treatment of water. Bob Molstad, engineer for the applicant, stated they are constructing storm sewer as far down from the north, installing two filtration areas to treat that water before it runs off to the east and directed to the water treatment pond. He stated the Elm Creek Watershed Management Commission has requested them to amend their channel numbers and redesign the backyards of six homes. The drainage will go east along the ditch and under County Road 47 and connect into the utility system. He stated they will need to meet the City standards for water runoff. Public Works Director Cote added that there will be less runoff and greater treatment of the water from the current conditions to their new design. Councilmember Black asked about access to County Road 47 for this development. Public Works Director Cote stated with this development, the developer will be constructing an Adopted Minutes 4 of 8 Regular Meeting of February 28, 2012 eastbound turn lane onto Dunkirk Lane and a west turn lane on Dunkirk Lane off County Road 47. He stated that it's unlikely that this development will make the road conditions worse west of Dunkirk Lane. Councilmember Willis requested the applicant to explain how they're going to grade the site to developable building plans for lots that will work due to the extreme elevation of this property. Dave Gonyea stated most of the lots have 30' flat backyard before there is a grade change. There won't be any lots that drop off like a cliff. Councilmember Willis asked from side yard to side yard, how are they addressing the break in grading. Mr. Gonyea replied the yards flow with the road, and there are no retaining walls between homes. The break in grading isn't that significant. Councilmember Willis asked staff if the grade differential between properties will work as usually there is a drainage easement between properties. Public Works Director Cote replied as designed with the concept house pads on the plan, it's relatively reasonable to expect that they shouldn't have very many retaining walls. He stated there will be variations when buyers desire something different than what the developer's engineer designed. The only way to regulate that is by not allowing a variance from what the engineer designed. Councilmember Black asked if Peony Lane is redesigned to County Road 47, would that alleviate traffic on County Road 47. Public Works Director Cote replied some traffic on Lawndale Lane might be short circuited on Peony Lane rather than going east on County Road 47 and then south on Vicksburg Lane. Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adopt a an Ordinance Amending Chapter 21 of the City Code to classify Certain Land located at the Southeast Corner of Dunkirk Lane and County Road 47 (2011095 — Ord2012-06), Resolution Approving Findings of Fact for the Rezoning of Land located at the Southeast Comer of the Intersection of Dunkirk Lane and County Road 47 (Res2012-074), and an amended Resolution Approving a Preliminary Plat for GWS Lane Development of Plymouth LLC, for "Terra Vista" for Property located at the Southeast Corner of the Intersection of Dunkirk Lane and County Road 47 (Res2012-075) as handed out this evening. Councilmember Black requested that a joint meeting with the Hennepin County Commissioners regarding County Road 47 be added to the pending study session list. With all members voting in favor, the motion carried. 8.02) Preliminary Plat for "Hampton Hills South Plateau" (Hampton Hills Investment, LLC — 2011097) Councilmember Black stated she removed this item and the next item from the Consent Agenda as historically, Hampton Hills has had a lot of flooding on the south side of the golf course. She Adopted Minutes 5 of 8 Regular Meeting of February 28, 2012 requested the staff or the applicant to explain what they're doing to raise the elevation on the south lots. Senior Planner Drill stated regarding the elevations, there is a 30' center rise on the southern plateau area. All homes would have basements and be above the wetland elevations. Councilmember Willis and Mayor Slavik also shared Councilmember Black's concerns. Jacob Fick, applicant, stated they share the same concerns. He explained there will be a minimum of 10 plus feet from the high water level to the basement levels of homes. He stated the golf course portion of the site has always been high. The area that was part of the golf course was delineated after the golf course was done. They'll be using the soils in place which are native clays and compactable fills. It's fills that they can put in place with machinery and compact the fill so they have a suitable base to build homes on. They haven't done any dewatering on the site, and there are no springs under the plateau area. Councilmember Willis asked how their construction equipment will be accessing the site when the development is under construction. Mr. Fick replied they would use 55`h Avenue. Councilmember Willis stated that will be a lot of wear and tear on that new road. Councilmember Black asked the applicant that for those lots that abut the creek, would they be willing to use different soils for a filtration strip so would absorb water before it goes to the creek. Mr. Fick replied yes. Mayor Slavik stated her concerns regarding this development which are the southern area being a secondary site for the Excel project, and the very close proximity of lots to the railroad tracks. She asked if disclosure statements will be given to prospective buyers. Mr. Flick replied yes. Councilmember Johnson asked if there is any fencing from the backyards to the railroad tracks. Mr. Fick replied no. Councilmember Johnson asked how the Excel project could affect this development. Rob Wachholz, applicant, stated they are proceeding with the development plan for that parcel Excel has identified, which is approximately 10 acres of the southern most 10 acres. Their effort wasn't to block Excel, but they have a builder for the south plateau. Public Works Director Cote added this site becomes less desirable for Excel once platting is approved and the streets are constructed. Mayor Slavik asked if there is any notification of this process given to Excel. Public Works Director Cote replied no, but they are very well aware of the proposed development of this property. A discussion was held with Mr. Wachholz and Mr. Fick regarding the basement level and the high water levels, specifically the rear yards for Lots 23 through 27 of Block 1. The Council Adopted Minutes 6 of 8 Regular Meeting of February 28, 2012 requested to add another condition to the resolution as 3d(7) to state, "Provide four inches of compost soil amendment in the rear yard areas of Lots 23 through 27, Block 1." Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to adopt a Resolution Approving a Preliminary Plat for Hampton Hills Investment, LLC, for "Hampton Hills South Plateau" for Property located at 5313 Juneau Lane (2011097 — Res2012-076) with the addition of condition 3d(7). With all members voting in favor, the motion carried. 8.03) Filling of Wetlands and Wetland Replacement Plan Application Hampton Hills South Plateau Addition (2011097) Motion was made by Councilmember Black and seconded by Councilmember Willis to adoptta Resolution Approving the Filling of Wetlands and the Wetland Replacement Plan Application for Hampton Hills South Plateau (2011097 — Res2012-077). With all members voting in favor, the motion carried. 8.04) PUD Amendment for Expansion of West Health Building and Preliminary Plat for One New Lot at 3005 Campus Drive (Allina Hospitals and Clinics — 2011099) By request of Councilmember Bildsoe, Ben Bache-Wiig, President ofAllina/West Health discussed urgent care, emergency and ambulatory transport services they will provide at their facilities. Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to adopt an Ordinance Amending Chapter 21 of the City Code to Amend Section 21655.56 PUD 81-1 2011099 — Ord2012-07), Resolution Approving Findings of Fact for Amending Zoning Ordinance Section 21655 (Res2012-078), Resolution Approving PUD General Plan Amendment to allow an Emergency Department Addition to the WestHealth Campus located at 3005 Campus Drive (Res2012-079), and a Resolution Approving a Preliminary and Final Plat for Allina Hospitals and Clinics for "West Suburban Health Campus Third Addition" for Property located at 3005 Campus Drive (2011099 — Res2012-080). With all members voting in favor, the motion carred. Reports and Staff Recommendations 9.01) Park and Recreation Department's Annual Report/PRAC 2012 Work Plan Park Director Evans gave the Park and Recreation Department's annual report. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to approve the Park and Recreation Advisory Committee's 2012 Work Plan. With all members voting in favor, the motion carried. 9.02) Legislative Update Adopted Minutes 7 of 8 Regular Meeting of February 28, 2012 City Manager Ahrens provided a brief update on pending bills in the Legislature. Mayor Slavik requested that a letter be sent to Governor Dayton requesting that a third lane on I-494 be included in the State's bonding bill. With the winter storm forecast for this evening and tomorrow, Public Works Director Cote explained how the City crews would be handling the storm. Adiournment Mayor Slavik adjourned the meeting at 9:05 p.m. Sandra R. Engdahl, (61y C1 rk Adopted Minutes 8 of 8 Regular Meeting of February 28, 2012