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HomeMy WebLinkAboutCity Council Minutes 07-27-2010Adopted Minutes Regular Council Meeting July 27, 2010 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 July 27, 2010. COUNCIL PRESENT: Mayor Slavik, Councilmembers Murdock, Bildsoc, Johnson, Black, Stein, and Willis. ABSENT: None. STAFF PRESENT: City Manager Ahrens, Administrative Services Director Portner, City Attorney Knutson, Park Director Blank, Fire Chief Kline, Police Chief Goldstein, Public Works Director Cote, Community Development Director Juetten, and City Clerk Engdahl. Plymouth Forum Blair Tremere, 2305 Lee Avenue North, candidate for the Hennepin County Commissioner District 2, introduced himself to the Council. Presentations and Public Information Announcements 4.01) "Night to Unite" Police Chief Goldstein reported on this year's "Night to Unite" on August 3 Mayor Slavik read a Proclamation Proclaiming August 3 as "Night to Unite in Plymouth." 4.02) Environmental Champions Environmental Champions for 2010 were presented to Don Patterson, Ken Campbell, Lee Keeley, Lee Wallace, Betty Lamb, Newell Weed, National Initiative by Consumers of Energy, Applied Graphics Associates, AGA Medical Corporation, Honeywell Aerospace Plymouth, Quality Resource Group, and Little Flowers Montessori School. 4.03) National Environmental Hall of Fame Award Paula Pursley, Plymouth resident, presented the National Environmental Hall of Fame Award to Councilmember Black. Adopted Minutes 1 of 8 Regular Meeting of July 27, 2010 Councilmember Murdock announced her candidacy for the Ward 2 Council seat. Approval of Agenda Mayor Slavik added setting future study sessions as item No. 8.5 under General Business. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to approve the amended a nda. With all members voting in favor motion carried. Consent Agenda Police Chief Goldstein gave a brief explanation of the deer management program per request of Mayor Slavik (item No. 6.08). Motion was made by Councilmember Willis, and seconded by Councilmember Stein, to adopt the amended Consent Agenda that included the following items: 6.01) Approval of Regular Minutes from July 13. 6.02) Resolution Approving Disbursements ending July 17, 2010 (Res2010-191). 6.03) Item removed from the agenda. 6.04) Resolution Approving a Conditional Use Permit to allow an Indoor Commercial Recreational Use for Sky Zone for Property located at 13310 Industrial Park Boulevard (2010045 Res20100-192). 6.05) Item removed from the agenda. 6.06) Resolution Approving a Request to Deny Access to 8th Avenue for Maxwell Kebasso for Property located at 710 Queensland Lane (2010061 — Res2010-193). 6.07) Resolution Approving a One -Year Extension of the Development Approvals for Quantum Development for Property located at 12325 Highway 55 (2008052 — Res2010-194). 6.08) Resolution Authorizing a Deer Management Program for 2010 (Res2010-195). 6.09) Approve 2009 Community Development Block Grant Consolidated Performance and Evaluation Report and submission of that report to the Department of Housing and Urban Development. 6.10) Resolution Accepting Utilities for Continual Maintenance for Larkin Pond (Res2010- 196). Adopted Minutes 2 of 8 Regular Meeting of July 27, 2010 Public Hearings 7.1) Vacation for all of Platted Lakeview Drive now known as 9"' Avenue within Parkdale Subdivision Public Works Director Cote reported on the request. Mayor Slavik opened the public hearing for testimony. Mayor Slavik declared the public hearing closed. Avenue within Parkdale Addition (Res2010-197). With all members voting in favor, the motion carried. General Business 8.1) Award Sale of General Obligation Open Space Bonds, Series 2010A Jonathan North, from Ehlers, reported on the bids that were received for the $3,075,000 open space bonds. He stated the low bidder was Piper Jaffray and Company at a true interest rate of 2.7613%. Motion was made by Councihnember Bildsoe, and seconded by Councilmember Johnson, to adopt a Resolution Awarding the Sale of General Obligation Open Space Bonds, Series 2010A Res2010-198). Park Director Blank stated $2 million of this bond issue is replenishing park dedication funds on parcels that were purchased, and the remainder of the funds would be used to purchase four additional parcels for the Northwest Greenway. With all members voting in favor, the motion carried. 8.2) Rezoning and Preliminary Plat for "The Willows" (Pulte Homes — 2010041) Community Development Director Juetten reported on the proposed rezoning and preliminary plat for The Willows. He explained the access to this site would be northwest off County Road 47 and Juneau Lane on the southeast side. He noted there is quite a change in topography with this property. There would be no need to mitigate for the amount of wetland being filled. A pond would be located in the southwest portion of the site, and there would be a rain garden in the center part of the site. Sixty-five percent of the trees would be removed, and according to the Adopted Minutes 3 of 8 Regular Meeting of July 27, 2010 City Code, anything over 50%, the developer would need to provide cash or replacement. The developer is proposing to replace the trees. Streets within the development would be 28 feet wide. The Planning Commission unanimously recommended approval of this proposal. Jason Wedel, representing Pulte Homes, stated this is a new product lineup that they have just introduced to the market, and it will be a great fit for this location. He discussed the design for the 75 foot buffer around the existing exceptional quality wetland and a 25 foot buffer around the low quality wetland. He stated part of the trail is the buffer, and it would be a paved trail. Councilmember Black asked what would occur if the trail was removed from the buffer. Park Director Blank replied if that section of the trail would be abandoned, people would still have access to the trail at another location. By allowing the developer to use a portion of Niagara and County Road 47, it allowed for the development of the alternate trail. Clark Wicklund, also representing Pulte Homes, stated that staff had requested there be another access for the trail off County Road 47. Therefore, they removed a lot in order to accommodate that request. The parkland was reduced near County Road 47 and added for the alternate trail. Councilmember Willis stated he's not opposed to the trail as it allows people to access the trail system. If the City takes the property as park land, it should be used for that purpose. Councilmember Johnson stated because it's additional park land that the City is receiving, she isn't opposed to the trail. Steve Gardner, 10717 10tt' Avenue North, stated 133 oak trees will be removed with this development. This probably wouldn't be so tragic if it weren't for 126 trees being removed for the Taylor Creek project and 72 trees being removed for the Trillium Woods project. He stated only the trees that are eight inches and larger are counted in the inventory; however, there are other trees below that size that will be removed. He stated he wished the City could purchase more of the oak forests with the open space referendum. Judy Luedke, 17910 County Road 47, stated she supports housing developments in the City as it's good for the economy. She requested the Council to not make it costly for developers. For example, by saving a few trees, the developer needs to increase the costs of the homes and lots. Every time the City demands more, which in turn makes the developments more costly, it prevents someone from living in Plymouth. The Council needs make this community for all people, not just the rich. Everyone is occupying property that was originally part of a farm or forest. She noted the sewer line that was constructed on her property. This line needs to be paid for by residents who will connect to the system through new developments. The City shouldn't expect those residents that have large parcels of land to keep them as agricultural as they can't afford them. The soil in Plymouth isn't best suited for farming. She stated the City's tree ordinance doesn't need to be rewritten. Lastly, she suggested that the Council communicate to residents that the large parcels of land/farms, etc. have been in reserve for future housing developments. Adopted Minutes 4 of 8 Regular Meeting of July 27, 2010 Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to adopt an Ordinance Amending Chapter 21 of the City Code to classify Certain Land located at the Southeast Corner of the intersection of Juneau Lane and County Road 47 (2010041 — Qrd2010- 13) and a Resolution Approving Findings of Fact for the Rezoning (Res2010-199). With all members voting in favor, the motion carried. Motion was made by Councilmember Black to adopt the Resolution Approving the Preliminary Plat with the deletion of the trail around the buffer. This motion failed for lack of a second. Motion was made by Councilmember Willis, and seconded by Councilmember Murdock, to adopt a Resolution Approving the Preliminary Plat (Res2010-200). With all members voting in favor but Black, the motion carried. 8.3) Conditional use Permit and Interim Use Permit for Speak the Word Church 2010055) Community Development Director Juetten reported on the proposed request to move 70,000 square feet of material for the construction of four soccer fields. At the Planning Commission hearing, questions were raised regarding lighting and the access off Highway 101. The applicant has indicated that the site would have limited use for soccer practice during the daytime and evening hours, and that the soccer fields would not be lit for night time use. In addition, the site would not host soccer tournaments. Regarding access, Hennepin County has stated that they are not requiring a northbound right turn lane into the site at this time, but may require it when the church use is constructed in the future. The County is requiring removal of a portion of the center roadway painted cross -hatching, together with new painted striping to provide a southbound left turn lane into the site. The Planning Commission voted 5-1 to recommend approval of the request. John Uban, design consultant for the applicant, stated this site has bad soils. Before they can construct the church on this property, they need to surcharge some of these bad soils for two to three years, and by grading and excavating the site and having this temporary use, it would achieve that goal. The soccer fields would be used on a limited basis. There would be a gate, and it would be supervised. He noted at the Planning Commission hearing, there were residents of the Wild Meadows development across from this site, that questioned the covenant when this property was purchased by the church. There is a requirement for the church to present any plans for this property to their homeowners association. He stated they intend to meet with the neighborhood to discuss this proposed use. He stressed that the proposed facility is for the community and church, and it wouldn't be used at night. Mayor Slavik asked how soccer fields surcharge the soil. Mr. Uban replied it doesn't, but moving and compacting the soils is what does it. When there are bad soils, you have to pile other soils on top to compress that soil and to stabilize it. That process takes two to three years. Heather Huseby, representing Speak the Word Church, stated while they are compressing the soils for two to three years, they can use the property for the church and community. They do not Adopted Minutes 5 of 8 Regular Meeting of July 27, 2010 intend to have tournaments on these fields. They have a limited and managed use of that property, and they also wash to be a good neighbor to the Wild Meadows development. She noted that there are new residents in the Wild Meadows development that are new; therefore, they weren't aware of the plans for the church property when they were originally presented. Motion was made by Councilmember Johnson, and seconded by Councilmember Willis, to adopt a Resolution Approving a Conditional Use Permit and Interim Use Permit for Speak the Word Church International for Property located approximately .5 mile North of Highway 55 and East of County Road 101 (2010055 — Res2010-201). Mike Smith, 100 Sunrise Court, Medina, stated his property will have the most exposure to the soccer fields. When he purchased his lot, he viewed the church plans 4.5 years ago. At that time, the church noted that the main traffic to their property would be on Wednesdays and Sundays. He requested more definition and clarity on what the use of the property will be as he is not only concerned about the increased traffic for the proposed use but the noise and lighting. He stated he assumes the intent will be full-time use of those fields seven days per week. This allows the church to build capital to construct the church. He showed the main intersection into the Wild Meadows and into the church property which he views as a dangerous intersection. There have been three accidents in this area during the last three years, and one was fatal. He noted that there is not room to restripe, and this intersection could use a stoplight. Councilmember Johnson stated hopefully the issues that Mr. Smith has raised will be addressed by the County. She noted that there is a shortage of soccer facilities, and it's great that the church is assisting with this need. Kirby Johnson, 320 Calamus Circle, Medina, stated he previously lived in Plymouth but is now a resident of Wild Meadows development and is President of the homeowners association. When residents purchased their lots in Wild Meadows, it was clear that a church would be constructed, and there would be traffic on Sunday and Wednesday nights. There would be no noise amplification. The only way the residents knew about the Planning Commission hearing and tonight's meeting was the development sign posted on the property. Therefore, the communication wasn't good. He noted that the church hasn't done a good job in maintaining their property, and residents are concerned how they will take care of the property. City Attorney Knutson stated private covenants and contracts, such as in this case, aren't enforced by the City. Mayor Slavik noted that the City did send a letter to the Wild Meadows development along with a map notifying them of this proposed development. Therefore, staff followed required procedures in notifying property owners that fell within the notification area. There being no further discussion and with all members voting in favor, the motion carried. 8.4) Denial of Variance for 5545 Ximines Lane North (Steve and Roberta Dahl — 2010036) Adopted Minutes 6 of 8 Regular Meeting of July 27, 2010 Community Development Director Juetten reported on denial of a Variance request from Steve and Roberta Dahl, 5545 Ximines Lane North. He stated the Planning Commission conducted the public hearing on this request and recommended denial due to the applicant failing to prove undue hardship. He referred to the June 24, 2010 Supreme Court ruling, that "in order to establish undue hardship, an applicant must establish that the property in question cannot be put to a reasonable use without the Variance." With this application, there is no hardship associated with the physical surroundings, shape, or topography of the applicants' property that would prohibit them from using and enjoying the property in the existing condition. Although the additional patio may be a desirable addition to the property, the applicants currently have, and would continue to have, reasonable outdoor use of the property without the additional patio area. Steve Dahl, 5545 Ximines Lane, spoke of their project to construct a patio area for the their children to play on. In order to make the basketball court to their desired size, it would go up to the side yard, and he would need six feet of the easement. He gave the history of his property involving the drainage of the property, issues with the neighbors, and landscaping in the rear yard. He spoke of a neighbor who received approval of a variance for the construction of a three - season porch that went into the rear yard setback. He stated this is a hardship to him if he is unable to construct this patio/court area at the preferred size. City Attorney Knutson further discussed the recent Supreme Court ruling. Previously, a property owner could prove that there was a hardship if they wanted to use their property in a reasonable manner. However, with the new ruling, a property owner must prove that they can't put their property to a reasonable use without the Variance. In this case, Mr. Dahl can reasonably use his property for a patio/court, but the size of that area would be smaller than what he's proposing. Motion was made by Councilmember Stein, and seconded by Councilmember Black, to adopt a Resolution Denning the Variance for Steve and Roberta Dahl for Property located at 5545 Ximines Lane North (2010036 — Res2010-202) based upon the June 2, 2010 Supreme Court ruling. With all members voting in favor, the motion carried. 8.5) Set Future Study Sessions No study sessions were scheduled. Reports and Staff Recommendations There were no reports and staff recommendations. Adopted Minutes 7 of 8 Regular Meeting of July 27, 2010 Adiournment Mayor Slavik adjourned the meeting at 9:20 p. Sandra R. Engdahh City Clerk Adopted Minutes 8 of 8 Regular Meeting of July 27, 2010