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HomeMy WebLinkAboutCity Council Minutes 06-27-2006Adopted Minutes Regular Council Meeting June 27, 2006 Mayor Johnson called a Regular Meeting of the Plymouth City Council to order at 7:07 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on June 27, 2006. COUNCIL PRESENT: Mayor Johnson, Councilmembers Bildsoe, Hewitt, Slavik, Stein, Willis, and Black. ABSENT: None. STAFF PRESENT: City Manager Ahrens, Police Chief Goldstein, City Attorney Knutson, Community Development Director Hurlburt, Park and Recreation Director Blank, Assistant City Engineer Beckwith, Fire Chief Kline, Financial Analyst Kohn, and City Clerk Paulson. Plymouth Forum There was no one present to address the Council). Presentations and Public Information Announcements 4.01) Announcement of Music in Plymouth on July 6 Councilmember Slavik announced this year's Music in Plymouth on July 6. Approval of Agenda Councilmember Black added proposed Federal cable legislation as item No. 9.1. She also requested to switch item No's. 8.1 and 8.2. Motion was made by Councilmember Slavik, and seconded by Councilmember Black to approve the amended agenda. With all members voting in favor, the motion carried. Consent Agenda Motion was made by Councilmember Black, and seconded by Councilmember Slavik to adop the amended Consent Agenda that included the following items: 6.01) Minutes of the Special Meeting of May 31 and the Special and Regular Meetings of June 13. 6.02) Resolution Approving Disbursements for the Period Ending June 16, 2006 (Res2006- Adopted Council Minutes Regular Meeting of June 27, 2006 Page 2 of 6 243) 6.03) Resolution Approving Variances for Erin Daugherty for Redevelopment of a Non - Conforming Lot for Property located at 10720 15th Avenue North (2006035 — Res2006-244). 6.04) Resolution Approving a Variance to allow 31.6 Percent Impervious Surface Area Coverage to allow Construction of a Home Addition by Skyline Design, Inc. for Property located at 1065 Zanzibar Lane North (2006038 — Res2006-245). 6.05) Resolution Approving a Conditional Use Permit for the Tile by Design, Inc. for Property located at 1775 Xenium Lane North (2006027 — Res2006-246). 6.06) Resolution Approving an Interim Home Occupation License for Kyla Awes for Property located at 17235 12th Avenue North (2006026 — Res2006-247). 6.07) Resolution Approving a Site Plan Amendment for Larson Engineering for the Church of Jesus Christ of Latter -Day Saints Property located at 300 Vicksburg Lane North (2006034 — Res2006-248). 6.08) Resolution Accepting the 2005 Comprehensive Annual Financial Report and Audit Res2006-249). 6.09) Ordinance Amending Chapter 4 of the Plymouth City Code Concerning Electrical Permits and Inspections (Ord2006-15). 6.10) Resolution Adopting the City of Plymouth Emergency Operations Plan (Res2006-250). 6.11) Resolution Approving Agreement with Hennepin County for County Road 101 (5102 — Res2006-251). 6.12) Resolution Approving the Planning and Implementation of the Bass Lake Playground Replacement for 2007 in 2006 (Res2006-252). 6.13) Resolution Awarding Bid for Nine and Niagara Drainage Improvement Project (1004 — Res2006-253). 6.14) Ordinance Amending the Text of Chapter 21 of the Plymouth City Code, Entitled the Plymouth Zoning Ordinance (2006015 — Ord2006-16), Resolution Approving Findings of Fact for a Zoning Ordinance Text Amendment to allow "Automotive Towing Business with Outdoor Two Yard" in the I-2 and 1-3 Zoning Districts by Conditional Use Permit (2006015 — Res2006- 254), and a Resolution Approving a Site Plan Amendment and Conditional Use Permits for an Automobile Towing Business with Outdoor Tow Yard with an 8 -foot High Fence for Frankie's Towing located at 5615 State Highway 169 (2006015 — Res2006-255). 6.15) Resolution Awarding Contract for 2006 Sanitary Sewer Lining Project — Phase 2 (6133 — Res2006-256). Adopted Council Minutes Regular Meeting of June 27, 2006 Page 3 of 6 6.16) Resolution Approving Termination of Water Quality Pond Maintenance Agreement for Walnut Grove Pond (94100 — Res2006-257). 6.17) Resolution Rescinding Resolution 76-68 and allow Parking Only on East Side of Nathan Lane 500 feet North of 10th Avenue (Res2006-258). 6.18) Resolution Approving Agreement for a Window -Well Encroachment into a dedicated Drainage/Utility Easement within Lot 2, Block 1, Churchill Ridge, 3180 Xanthus Lane Res2006-259). 6.19) Resolution Approving Agreement for an Above Ground Swimming Pool Encroachment into a Dedicated Drainage/Utility Easement within Lot 7, Block 2, Bass Lake Terrace 2nd Addition, 5460 Teakwood Lane (Res2006-260). 6.20) Ordinance Amending Chapter 8 of the Plymouth City Code Concerning Park Regulations Ord2006-17). 6.21) Ordinance Amending Chapter 13 of the Plymouth City Code Concerning Operation and Regulation of Motorized Golf Carts and ATVS (Ord2006-18). 6.22) Resolution Approving Trail on 10th Avenue (Res2006-261). 6.23) Acceptance of First Quarter 2006 Financial Statements. 6.24) Resolution Amending the Professional Engineering Services Agreement with SRF Consulting Group for Fernbrook Lane Improvement from 27th Avenue to 34th Avenue (10 13 — Res2006-262). Motion carried to approve the Consent Agenda. Public Hearings 7.1) Park Dedication Fees Park and Recreation Director Blank reported on a proposed amendment to Chapter 5 of the City Code that would revise the 2006 park dedication fees from $4,000 to $5,000 per unit. Mayor Johnson opened the public hearing for testimony. There being no one wishing to appear before the Council, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe to adop an Ordinance Amending Chapter 5 of the City Code to Revise the Cash Fee Payment in Lieu of Adopted Council Minutes Regular Meeting of June 27, 2006 Page 4 of 6 Land Dedication for Parks and Open Space (Ord2006-19). With all members voting in favor, the motion carried. General Business 8.2) Resolution Concerning Greenhouse Gas Reduction Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe to adopt a Resolution Approving Plymouth's Greenhouse Gas Reduction Resolution that was discussed at the Council Study Session on June 13, 2006 (Res2006-263). Karina Hill, the Carlton College student who worked on this project, thanked the Council for their support. There being no further discussion and with all members voting in favor, the motion carried 8.1) Preliminary Land Use Plan for Northwest Plymouth (2005050) Community Development Director Hurlburt reported that at the June 13 Council meeting, the Council made changes to the May 31 preliminary land use plan and directed that plan be on this evening's agenda for any final changes and approval. She stated since the June 13 meeting, there are a few issues that have been brought forward that the Council might want to discuss before approving the preliminary land use plan, and they are: 1. Request for guiding change for the Weld property at 5605 Juneau Lane. The property owner desires to have their property guided LA -R2 instead of LA -RT. 2. Request for guiding change for the Lomsdale property at 5655 Juneau Lane. The property owner desires to have their property guided LA -R2 rather than LA -RT. 3. Proposed 100 -foot setback for all properties within the Northwest Plymouth overlay, not just the new transition area designations. 4. Financing of roadway infrastructure. City Attorney recommended that consideration be given to including a statement in the City's Comprehensive Plan that development be contingent upon having the necessary public infrastructure in place. Staff is in agreement that language on timing and staging needs to be included in the land use plan chapter and must be tied together with other chapters of the plan (particularly transportation, sewer and water) and coordinated with the City's Capital Improvement Program and assessment policies. Edward Svetc, 5330 Vicksburg Lane, voiced his concern on the approximately 1,000 diseased oak trees that need to be removed from his property, and if the City were to hire a contractor to perform that work, it would cost $1,200 per tree. He stated he is concerned about the liability that he would face. He stated if the Council can't give the proper guiding, which he feels is four to six units per acre, then the City needs to assist property owners with the liability. He stated no developer would come in and create islands of trees to protect the trees. Len Luedke, 17910 County Road 47, requested that there be LA -3 guiding for his property Adopted Council Minutes Regular Meeting of June 27, 2006 Page 5 of 6 which is west of County Road 47. This is an area where there could be higher density with the least amount of impact to Vicksburg Lane and County Road 47. He noted that if the City desires a 100 -foot setback and imposing area wide street assessments, the developers need to be compensated with higher densities. Carole Rydberg, 3225 Wellington Lane North, stated there is a tremendous need in Plymouth for affordable housing. Therefore, she requested the Council to set a plan as strong as they can make it for density. Six motions were made to change the preliminary land use plan, and of those six motions, the following were approved: Motion made by Councilmember Hewitt, and seconded by Councilmember Bildsoe to change the guiding of property located south of Highway 55 (20 acres) from LA -3 to LA -1). All voted in favor but Johnson. Motion made by Councilmember Hewitt, and seconded by Councilmember Slavik to change the guiding of property located to the west of the previous motion from LA -3 to LA -2. Motion carried with Willis, Bildsoe, Hewitt, and Slavik voting yes, and Stein, Black, and Johnson voting no. Motion made by Councilmember Hewitt, and seconded by Mayor Johnson to remove the 100 - foot setback as an overlay on Vicksburg Lane only. Motion carried with Bildsoe, Hewitt, Black, and Johnson voting yes, and Willis, Slavik, and Stein voting no. Motion made by Councilmember Willis, and seconded by Councilmember Slavik to adopt a Resolution Approving a Preliminary Land Use Plan for the City of Plymouth for the Area known as Northwest Plymouth (2005050 — Res2006-264) with the above modifications. With all members voting in favor but Black and Johnson, the motion carried. The Council requested that a copy of the preliminary land use plan as adopted this evening be provided to the Council in a future Council pack as an informational only item. Staff is to consult with the Metropolitan Council on their density calculations versus the City's for the approved preliminary land use plan. Lastly, the Council indicated their desire to include comments in the Comprehensive Plan as suggested by the City Attorney and staff for the financing of infrastructure improvements. Report and Staff Recommendations 9.1) Federal Cable Legislation Councilmember Black reported there is proposed Federal cable legislation that would eliminate local access channels (government access and Channel 12). She requested that staff send correspondence to the City's delegation opposing this legislation. Adopted Council Minutes Regular Meeting of June 27, 2006 Page 6 of 6 Adjournment Mayor Johnson declared the meeting adjourned t approximately •0' p.m. andra R. Paulson, City Clerk