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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