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