HomeMy WebLinkAboutCity Council Minutes 10-09-2007Adopted Minutes
regular Council Meeting
October 9, 2007
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 October 9, 2007.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Stein, Murdock, Black, Hewitt, Bildsoe,
and Willis.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Fire Chief Kline, City
Engineer Moberg, Community Development Director Juetten, Police Chief Goldstein,
Administrative Services Director McGann, Park and Recreation Director Blank, Public Safety
Education Specialist Cwayna, Housing Manager Barnes, Senior Planner Darling, Finance .
Manager Bursheim, Utilities Superintendent Newberger, Human Resources Manager Sobania,
and City Clerk Engdahl.
Plymouth Forum
Ron Behm, 4705 Goldenrod Lane North, and Stu Froelich, 4625 Hemlock Lane, reported their
concerns regarding the storm sewer discharges into the east side of Schmidt Lake (the
accumulation goes 80 feet into the lake). They noted that this sediment has built up over 20,
years, and they're at the point of not being able to use their docks. They believe that this
sediment is from the 2003 street reconstruction project where a lot of rain that year washed the
debris and salt to the lake. Staff has attempted to address the problem, but their efforts have been
unsuccessful. They estimate it would cost approximately $11,000 to remove 300 cubic yards of.
sediment. They stated they realized that it would be 2010 before the City could fund any
removal of this from the surface water management fund. However, they requested earlier
consideration.
The Council thanked Mr. Behm and Mr. Froelich for their comments this evening, and they
stated that this issue would be discussed when the surface water management fund is discussed
in the future.
Presentations and Public Information Announcements
4.01) Announcement of Fire Department's Open House on October 13
Public Safety Education Specialist Cwayna reported on the Fire Department's Open House on
i October 13 from 12:00 p.m. -4:00 p.m.
4.02) Presentation on District 281's Referendum
Adopted Council Minutes
Regular Meeting of October 9, 2007
Page 2 of 8
Assistant Superintendent Gayle Koviak and representatives from the "Vote Yes Committee"
reported on School District 281's referendum on November 7.
4.03) Proclamation Declaring October 2007 as "Toastmasters Month"
Mayor Slavik proclaimed October 2007 as "Toastmasters Month."
Approval of Agenda
Councilmember Hewitt added discussion of a Comprehensive Plan issue regarding 5605 Juneau
Lane as item No. 8.3 under General Business.
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 AEFenda
Item No's. 6.04,, 6.08, 6.10, and 6.17 were removed from the Consent Agenda and placed tinder
General Business as item No's. 8.05, 8.06, 8.07, and 8.4 respectively.
Motion was made by Councilmember`Bildsoe, and seconded by'Councilmember Hewitt, to adopt
the amended Consent Agenda that included the following items:
6.01) Minutes from the Special Meeting September 18 and Regular and Special Meetings of
September 25.
6.02) Resolution Approving Disbursements for the Period Ending September 29, 2007
Res2007-414).:
6.03) Resolution Amending Policy Regulating the Use of City Hall for Meeting Purposes
Res2007-415).
6.04) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.05).
6.05) Resolution Approving a Site Plan and Setback Variances and Denying a Sign Variance or
Quest Development, Inc. for Property located at 10600 Old County Road 15 (2007074 —
Res2007-416).
6.06) Resolution Approving a Conditional Use Permit for KB&J's Enterpises, Inc. for Liquor
On -Sale Accessory to the Planned Broadway Bar and Pizza Restaurant to be located at 13705
27th Avenue North (2007085 — Res2007-417).
6.07) Resolution Approving Variances for Impervious Surface Coverage and Side Yard Setback
Adopted Council Minutes
Regular Meeting of October 9, 2007
Page 3 of 8
to allow Construction of an Attached Garage with Living Area Above for Rodney and Linda
Buranen for Property located at 2640 East Medicine Lake Boulevard (2007082 — Res2007-418)
6.08) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.06).
6.09) Resolution Approving Woodland Trails Park Project (Res2007-419).
6.10) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.07).
6.11) Resolution Adopting Assessments for Intersection Improvement at County Road
61/County Road 47 (6108 — Res2007-420).
6.12) Resolution Approving Change Order No. 1 for 2007 Street Reconstruction Project (7101
Res2007-421).
6.13) Resolution Awarding Contract for Mooney Lake Emergency Outlot Infrastructure Project
7111— Res2007-422).
6.14) Resolution Receiving Preliminary Report, Ordering Improvement, Preparing Plans and
Specifications, and Designating Engineer for Well No. 16, Zachary Well Field (7114 Res2007.-
423).
6.15) Resolution Receiving Engineering Proposals and Designating an Engineer for Design and
Construction Services for the 28t" Avenue Lift Station Upgrade (8108 — Res2007-424).
6.16) Resolution Accepting Utilities for Continual Maintenance of Hadley Hills 2nd Addition
2005024 — Res2007-425).
6.17) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.4).
6.18) Ordinance Amending Chapter 10 of the City Code Concerning License and Permit Fees
Ord2007-23) and a Resolution Approving Summary Publication of Ordinance 2007- Relating to
Fees (Res2007-426).
6.19) Resolution Providing for the Sale of $2,810,000 General Obligation Open Space Bonds,
Series 2007A (Res2007-427).
6.20) Resolution Approving Change Order No's. 1-4 for Fembrook Lane Street and Signal
Improvements (10 13 — Res2007-428).
6.21) Resolution Designating Engineering Consultant Pool and Directing Staff to Execute
Master Agreements with Designated Firms (2007-429).
Adopted Council Minutes
Regular Meeting of October 9, 2007
Page 4 of 8
i
6.22) Resolution Approving Change Order No. 3 for the Refurbishment of Fire Department
Ladder 31 (Res2007-430).
6.23) Resolution Amending the Employee Recognition and Incentive Program Policy
Res2007-431).
6.24) Resolution Approving Memorial Garden for Parkers Lake Playfield (Res2007-432).
Motion carried to approve the Consent Agenda:
Public Hearings
7.1) On -Sale Liquor and Sunday Liquor License Applications from KB&J's Enterprise,
Inc. d/b/a Broadway Pizza, 13705 27th Avenue
City Clerk Engdahl reported on the request of KB&J's.Enterprises, Inc. for On -Sale Liquor and
Sunday Liquor Licenses for Broadway Pizza, 13705 27th Avenue.
Mayor Slavik opened the public hearing for testimony.
There being no one .wishing to appear before the Council' to give testimony, Mayor Slavik
declared the public hearing closed.
Motion was made by Councilmember Black, and seconded by Councilmember Willis, to adopt a
Resolution Approving On -Sale Liquor and Sunday Liquor Licenses for Broadway Bar and Pizza,
13705 27th Avenue North (Res2007-433). With all members voting in favor, the motion carried..
7.2) Wine and 3.2 Liquor License Applications from Joey Nova's Waterford Plaza LLC
d/b/a Joey Nova's Pizzeria and Grilled Subs, 10100 6th Avenue North
City Clerk Engdahl reported on the request of Joey Nova's Waterford Plaza LLC for Wine and
3.2 Liquor Licenses for Joey Nova's Pizzeria and Grilled Subs, 10100 6th Avenue North.
Mayor Slavik opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Slavik
declared the public hearing closed.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt
a Resolution Approving On -Sale 3.2 Beer and Wine Licenses for Joey Nova's Pizzeria and
Grilled Subs, 10100 6th Avenue North, Unit 102A (Res2007-434). With all members voting in
favor, the motion carried.
7.3) Utility and Nuisance Special Assessments
Adopted Council Minutes
Regular Meeting of October 9, 2007
Page 5 of 8
Administrative Services Director McGann reported on the proposed assessments for delinquent
utility accounts, diseased trees, weed eradication, false alarm fees, and other miscellaneous
charges.
Mayor Slavik opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Slavik_
declared the public hearing closed.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt
a Resolution Levying Assessment for Delinquent Utility Accounts, Diseased Trees, Weed
Eradication, False Alarm Fees, and Other Miscellaneous Charges (Res2007-435). With all
members voting in favor, the motion carried.
General Business
8.05) Approve Rezoning from FRD to RSF-2 and .Preliminary Plat for 10 Single Family
Lots to be called "Hidden Acres Addition" for Properties located at 4225 and 4245 Dunkirk.
Lane North. Schuett RIE Group, LLC (2007070) .
Councilmember Hewitt voiced her concerns in not including the property located at 4215
Dunkirk Lane with this request and drainage issues in this area.
Tom Schuett, applicant, stated 4215 Dunkirk Lane is the original farm home in this area,, and he
had originally purchased it, remodeled it, and had asked the current owners if they would be
willing to sell this property to incorporate it with this development. He stated they denied, but he
stressed that this home fits very well with the neighborhood. He suggested that if the Council
feels strongly about incorporating this property, then the Comprehensive Plan and higher density
should be reviewed.
Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to adopt
an Ordinance Amending Chapter 21 of the City Code to Classify Certain Land Presently
Addressed as 4225 and 4245 Dunkirk Lane North (2007070 — Ord2007-24). With all members
voting in favor, the motion carried.
Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to adopt
a Resolution Approving Findings of Fact for Rezoning of Property Presently Addressed as 4225
and 4245 Dunkirk Lane North (2007070 — Res2007-436). With all members voting in favor, the
motion carried.
Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to adopt
a Resolution Approving a Preliminary Plat for Schuett R/E Group, LLC for "Hidden Acres
Addition" for Property Presently Addressed as 4225 and 4245 Dunkirk Lane North (2007070 —
Res2007-437) With all members voting in favor but Murdock and Hewitt, the motion carried.
Adopted Council Minutes
Regular Meeting of October 9, 2007
Page 6 of 8
8.06) Approve Variance to exceed 32 square feet for an Area Identification Sign for
Property located at the Southeast Corner of County Road 47 and Vicksburg Lane North
Lennar. (2007091)
Councilmember Hewitt voiced her concerns regarding the long term maintenance of this sign
which could become an issue for the homeowners association in the future.
Daniel Deuth, representing the applicant, stated this wall, due to staff's request, was turned into a
hammerhead due to the turnaround need for the Fire Department, and the elevation was
increased. The blocks are 3,500 pounds each, and the sign itself has industrial painted letters, so
there would be very minimal maintenance.
Motion was made by Councilmember Bildsoe and seconded by Councilmember Willis, to adopt
a Resolution Approvin.2 a Variance for Lennar to increase the Size of an Area Identification Sign
for Legacy Park for Property located at the Southeast Corner of County Road 47 and Vicksburg
Lane (2007091 - Res2007-438). With all members voting in favor, the motion carried. -
8.07) Consider Plans and Specifications and Order Bids for Wood Creek Erosion Repair
Project (6103)
Tim Peterson, 3235 Wellington Lane,. and Brad Nuorala, 3245 Wellington Lane, stated oppose
this project as it would have a:dramatic impact on their property values, theyhaven'thad the
chance to review the final design -of the project; and they're. concerned how the project would
impact the erosion improvements they have already made to their properties. They requested
thafithe Council consider alternatives to the conceptual design that would save 48 trees.
City Engineer Moberg illustrated the project and the 34 trees that lie north of the existing creek
that would be preserved. There would be 15-20 trees that lie south that would need to be
removed. He stressed that the outlot is only 30 feet wide, and staff is trying to stay away from
the southern properties. The City has the easement to do the work that is being proposed.
The Council discussed the feasibility of only doing either the west or the east portion of the
project and the impacts downstream.
Motion was made by Councilmember Willis, and seconded by Councilmember Black, to table
this item to either the October 23 or the November 13 meeting in order to allow additional time
for staff to meet with the consultant and the property owners to review the design (affected
residents would be informed by staff as to the date when the Council would be discussing this
item again). With all members voting in favor, the motion carried.
8.1) Rezoning from FRD to PUD and. P -I, a PUD General Plan, and Preliminary Plat for
Trillium Woods" (LCS Development — southeast corner of intersection of County Road 47
and Juneau Lane — 2007066)
Senior Planner Darling reported on the proposed planning applications for "Trillium Woods."
Adopted Council Minutes
Regular Meeting of October 9, 2007
Page 7 of 8
Steve Norhes, Mike Miller, and Jason McCarty representing the applicant, answered questions
from the Council.
The vast amount of Council discussion centered around concerns involving the close proximity
of the multiple family structures on the south side of the development (currently at 25 feet) to the
Northwest Greenway trail corridor, width of the streets within the development that would allow
for on street parking, future traffic signalizations at County Road 47Nicksburg Lane and County
Road 47/Cheshire Parkway and the frustration with ongoing dialogue with Hennepin County
regarding County Road 47.. The Council also communicated to the applicant that the City
wouldn't be paying a portion of the street project which is extending Cheshire Parkway to
County Road 47.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt
an Ordinance Amending Chapter 21 of the City Code to classify Certain Land located near the
Southeast Corner of the Intersection of County Road 47 and Juneau Lane (2007066 — Ord2007
25). With all members voting in favor, the motion carried.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt
a Resolution Approving Findings of Fact for the Rezoning of Land located near the Southeast
Corner of the Intersection of County road 47 and Juneau Lane (2007066 — Res2007-439).. With
all members voting in favor, the motion carried.
Motion. was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to adopt
a Resolution Approving a Preliminary Plat for LCS; LLC for "Trillium Woods," a Subdivision
for Continuing Care Retirement Community'located at the Southeast Corner of the Intersection
of County Road 47 and Juneau Lane (2007066 — Res2007-440). With all members voting in
favor but Black; the motion carried:
Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to adopt .
Resolution Approving a PUD General Plan for LCS, LLC for "Trillium Woods," a Continuing
Care Retirement Community on Property located'at the Intersection of County Road 47 and
Juneau Lane (2007066 — Res2007-441).
Motion was made by Mgyor Slavik, and seconded by Councilmember Bildsoe, to amend
Condition No. 6a and b of the Resolution to state, "The multiple family structures on the south
side of the development shall be set back a minimum of 35 feet from the Northwest Greenway .
Trail Corridor. Front setbacks for the adjacent buildings may be altered to no less than 15 feet
from the 57th Avenue right-of-way to accommodate_ this setback._ Additionally, the multiple
familv buildings shall be set back 25 feet from the rights-of-wav for Juneau Lane and
Parkway;" and b) "The townhouses shall be set back 25 feet from the rights-of-way of 59"
Avenue North, existing County Road 47, and Cheshire Parkway." With all members voting in
favor but Black and Hewitt, the motion carried.
The Council voted on the amended main motion and with all members voting in favor but Black
and Hewitt, the motion carried.
Adopted Council Minutes
Regular Meeting of October 9, 2007
Page 8 of 8
Without objection, Mayor Slavik moved item 8.4 as the next item on the agenda.
8.4) Approve revisions to Personnel Policy
Human Resources Manager Sobania answered questions related to health benefits for employees
who are called to military duty.
Motion was made by Councilmember Black, and seconded by Councilmember Willis, to adopt a
Resolution Approving Amendments to the Personnel Policy, (Res2007-442). With all members.
voting in favor, the motion carried.
8.2) Housing Element of the Comprehensive Plan Update (City of Plymouth — 2005050)
Motion was made by Mgyor Slavik, and seconded by Councilmember Bildsoe, to schedule this
item for a study session under 9.1 of this evening's agenda. With all members voting in favor,.
the motion carried.
8.3) Comprehensive Plan Issue regarding 5605 Juneau Lane
Councilmember Hewitt reported the.property. owner iof 5605 Juneau Lane requests that this
property be designated;LA-2. The Council took no. action on this request, but requested .
Councilmember Hewitt to provide information in their mail so they can determine whether to
schedule a Study Session.
Reports and Staff Recommendations
9.1) Set Future Study Sessions
The following Study Sessions were scheduled:
1. October 23, at 5:30 p.m., to discuss Housing Element of Comprehensive Plan update.
2. December 11 at 5:30 p.m. to discuss recent reports received on multiple animal licenses,
tax increment financing, and outlots.
Adiournment
Mayor Slavik adjourned the meeting at approxi tely 10:55 p.m.
Sandra R. Engdahl,0 ty Clerk