HomeMy WebLinkAboutCity Council Minutes 09-12-2006Adopted Minutes
Regular Council Meeting
September 12, 2006
Mayor Johnson called a Regular Meeting of the Plymouth City Council to order at 8:05 p.m. in
the Council Chambers of City Hall, 3400 Plymouth Boulevard, on September 12, 2006.
COUNCIL PRESENT: Mayor Johnson, Councilmembers Willis, Bildsoe, Hewitt, Slavik, Stein,
and Black.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, Police Chief Goldstein, Police Captain Franz, City
Attorney Knutson, Park and Recreation Director Blank, Senior Planner Drill, Housing Manager
Barnes, Fire Chief Kline, Administrative Services Manager McGann, and Deputy City Clerk
Hoffinan.
Plymouth Forum
No one spoke at the Forum
Presentations and Public Information Announcements
4.1) Presentation of Planting Plymouth Proud Awards (City Forester Paul Buck)
City Forester Buck announced winners of the program which recognized three of the 30 entrants
who developed exceptional gardens or community gardening work.
4.2) Announcement of Plymouth on Parade (Recreation Supervisor Karol Greupner)
Recreation Supervisor Greupner reviewed plans for the ninth annual Plymouth on Parade and
related events. She noted that the Fall Arts Fair was canceled due to a reduced number of artist
submissions.
Approval of Agenda
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik to
approve the agenda. With all members voting in favor, the motion carried.
Consent Agenda
Councilmember Slavik removed Item 6.05 and placed it under General Business as Item 8.05.
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Regular Meeting of September 12, 2006
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Resident Chris Okey removed Item 6.01 and placed it under General Business as Item 8.01.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik, to adopt
the amended Consent Agenda that included the following items:
6.01) (This item was removed and placed under General Business as Item 8.01.)
6.02) Resolution Approving Bids for Bass Lake Playground (Res2006-336).
6.03) Resolution Calling for a Public Hearing to Consider Establishing a Plymouth HRA TIF
Redevelopment District (Res2006-337).
6.04) Ordinance Approving Rezoning of the Site from FRD (Future Restricted Development) to
RSF-2 (Ord2006-22), a Resolution Approving Findings of Fact Supporting the Rezoning
Res2006-338), a Resolution Approving the Preliminary Plat, Final Plat and Development
Contract for "Taryn Hills 3`d Addition" (Res2006-339), and a Resolution Adopting Assessments
for "Taryn Hills 3`d Addition" (Res2006-340 — 2006057).
6.05) (This item was removed and placed under General Business as Item 8.05.)
6.06) Resolution Approving a site plan amendment and interim use permit for Opus Northwest,
LLC, for AGA Medical Corporation located at 5050 Nathan Lane (2006061 — Res2006-341).
6.07) Resolution Approving a Variance to the Minimum Lot Width for the Construction of a
New Home for Vladimir and Andrea Kelman for Property located at 1010 Garland Lane
2006065 — Res2006-342).
6.08) Approving the 2005 Community Development Block Grant (CDBG) Consolidated
Annual Performance and Evaluation Report (CAPER) and authorize its submission to the
Department of Housing and Urban Development.
6.09) Resolution Approving a Site Plan Amendment and Conditional Use Permit and Variance
for Property Located at 9705 Schmidt Lake Road (2006072 — Res2006-343).
6.10) Resolution Approving Payment No. 2 and Final to Minger Construction, Inc., for the
Timber Creek Erosion Control Project (4137 — Res2006-344).
6.11) Resolution Approving Payment No. 3 and Final to MK Painting, Inc. for County Road 6
Watertower Rehabilitation Project (5124 — Res2006-345).
6.12) Resolution Approving Change Order No. 1 for Well Nos. 7 and 12 Maintenance Project
5133 — Res2006-346).
6.13) Resolution Approving public improvements for continual maintenance for Timber Creek
Crossing 2"d (2004101) (Res2006-347) and Timber Creek Crossing 3`d (2005063 — Res2006-
348).
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Regular Meeting of September 12, 2006
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6.14.1) Resolution Declaring Cost to be Assessed, Ordering Preparation of the Assessment
Roll, setting Public Hearing Date for 2006 Removal and Destruction of Diseased Trees, Roll 1
Res2006-349, Res2006-366).
6.14.2) Resolution Declaring Cost to be Assessed, Ordering Preparation of the Assessment
Roll, setting Public Hearing Date for 2006 Weed Eradication and Destruction, Roll 1 (Res2006-
350, Res2006-367).
Motion carried to approve the Consent Agenda.
Public Hearings
7.1) Delinquent water, sewer, recycling, surface water fee, and street lighting service
charges
Administrative Services Director McGann reported on the proposed assessments.
Mayor Johnson opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Johnson
declared the public hearing closed.
Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to adopt a
Resolution Adopting Assessments for 2006 Delinquent Water, Sewer, Recycling, Surface Water
Fee, and Street Lighting Service Charges (Res2006-351). With all members voting in favor, the
motion carried.
7.2) Application of E.A. Plymouth, Inc. d/b/a El Azteca, for On -Sale and Sunday Liquor
Licenses
Administrative Services Director McGann reported on the On -Sale Intoxicating and Sunday
Liquor Applications for E.A. Plymouth, Inc. d/b/a El Azteca, 3500 Vicksburg Lane, Suite 500.
Mayor Johnson opened the public hearing for testimony.
Jan Rintamaki, 4900 Yorktown Lane North, spoke in support of the applicant, stating that he
dines at the restaurant on a regular basis. He stated such a place benefits the community.
Owner David Gil, stated he plans to keep the same sort of cuisine but wants to operate the
restaurant in a manner which would make it more family—oriented. He stated he plans to work
with the City's Best Practices Program, and operate the establishment not as a bar, but a good
restaurant for families.
Bob Hagen, 16100 44`h Avenue North, stated he is also a supporter of El Azteca. He stated the
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Regular Meeting of September 12, 2006
Page 4 of 12
restaurant is friendly and courteous.
There being no one else 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 adopt
a Resolution Approving On -Sale Intoxicating and Sunday Liquor Licenses for E.A.Plymouth
Inc. d/b/a El Azteca, 3500 Vicksburg Lane, Suite 500 (Res2006-352). With all members voting
in favor, the motion carried.
7.3) Application of Pot Luck Catering, Inc. d/b/a Town and Country Catering, for On -Sale
and Sunday Liquor Licenses
Administrative Services Director McGann reported on the On -Sale Intoxicating and Sunday
Liquor Applications for Pot Luck Catering, Inc. d/b/a Town and Country Catering, 3155 Empire
Lane.
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 Bildsoe and seconded by Councilmember Slavik to adopt
a Resolution Approving On -Sale Intoxicating and Sunday Liquor Licenses for Pot Luck
Catering, hic. d/b/a Town and Country Catering, 3155 Empire Lane (Res2006-353). With all
members voting in favor, the motion carried.
7.4) Ordinance amending the City Charter to allow only one City Council Member to
serve on the Charter Commission
Administrative Services Director McGann reported on the ordinance requested by the Charter
Commission that would limit number of Council members permitted to serve on the Charter
Commission to one.
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 Black, and seconded by Councilmember Bildsoe to adopt
an Ordinance amending the Plymouth City Charter Concerning Membership on the Charter
Commission. With all members voting in favor, the motion carried.
Mayor Johnson directed staff to compose a letter from the Mayor to the Charter Commission
thanking them for their work and encouraging them to continue to work with the City Council.
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Regular Meeting of September 12, 2006
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7.5) Vacation of drainage, utility, and ponding easements within Lot 1, Block 1, Northwest
Business Campus and Lot 1, Block 1, Northwest Business Campus 4th Addition
Public Works Director Cote reported on the petitioned Vacation request of CSM Equities, LLC,
to vacate existing drainage easements for ponding and the utility and drainage easements in Lot 1
Block 1 of Northwest Business Campus 4`s Addition. He stated this action would be subject to a
development by CSM coming to the Council for development review; development inconsistent
with current use zoning.
Mayor Johnson opened the public hearing for testimony.
There being no one present wishing to appear before the Council, Mayor Johnson declared the
public hearing closed.
Motion was made by Councilmember Black and seconded by Councilmember Bildsoe to adopt
355). With all members voting in favor, the motion carried.
7.6) Vacation of a portion of the drainage, utility, and ponding Easements within Lot 1,
Block 1, Elwell Miley and Quinn Addition
Public Works Director Cote reported on the petitioned Vacation request of Schoell Madsen on
behalf of BRB Development, to vacate existing drainage easements for ponding and the utility
and drainage easements of the site on the northwest corner of Highway 55 and I-494. He stated
this would be the location for a new lock—up storage site, and the easements would be redefined
with the new easements of the development.
Mayor Johnson opened the public hearing for testimony.
There being no one present wishing to appear before the Council, Mayor Johnson declared the
public hearing closed.
Motion was made by Councilmember Slavik and seconded by Councilmember Hewittto adopt
a Resolution Authorizing the Vacation of a Portion of Drainage Utility and Ponding Easements
within Lot 1, Block 1, Elwell Miley and Quinn Addition (Res2006-356) and a Resolution
Setting Conditions to be met prior to Filing of Resolution No. 2006-356, Vacating a Portion of
Drainage, Utility and Ponding Easements within Lot 1, Block 1, Elwell MileyQuinn
Addition (Res2006-357). With all members voting in favor, the motion carried.
General Business
8.01 (6.01) Approval of Council Meeting Minutes
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Regular Meeting of September 12, 2006
Page 6 of 12
Chris Okey, 1125 Urbandale Lane, stated that he believed the minutes of the August 22 City
Council meeting misrepresented his and Eric Waage's comments regarding the Rusten Woods
development. Councilmembers requested that Mr. Okey submit proposed revisions to staff for
the minutes.
Motion was made by Councilmember Stein and seconded by Councilmember Bildsoe to delav
approval of the meeting minutes until the September 26 City Council meeting_ With all
members voting in favor, the motion carried.
Councilmember Black requested that Mr. Okey and Mr. Waage be sent copies of the revised
minutes when completed.
8.05 (6.05) Approve an amendment to the Plymouth Station PUD (Planned Unit
Development) to allow construction of a daycare at 16605 County Road 24
Councilmember Slavik stated that, following discussions with the applicant and neighborhood
residents, she has requested a revision of the resolution. She stated one issue still outstanding is
the lights on the south side of the building. Currently an office faces the residential area, which
has not been an issue of security to date, but residents would like to see motion sensitive lights.
Planning Manager Senness reported that the applicants would not be opposed to installing
motion sensitive lights.
Motion was made by Councilmember Slavik and seconded by Councilmember Bildsoe to
amend condition No. 4 of the resolution Approving a PUD Amendment to state: "all light shall
be motion sensitive on the south side of the building" and to amend condition No 6—B subpartart
4 to state: "all lighting on the south side of the building shall be motion sensitive " With all
members voting in favor, the motion approving the amendment carried.
Motion was made by Councilmember Slavik and seconded by Councilmember Hewitt to
approve the amended resolution approving a PUD Amendment to allow construction of an 8,100
square foot daycare for property located at 16605 Co Rd 24 (Res2006-359 With all members
voting in favor, the main motion carried.
8.1) Approve the 2007 proposed budgets, tax levies, and Truth in Taxation hearing dates
Administrative Services Director McGann provided an overview of the proposed 2007 budgets,
tax levies and Truth in Taxation Hearing dates that have been discussed at Council Study
Sessions held on August 22, August 29, and September 5.
Motion was made by Councilmember Stein and seconded by Councilmember Black to adopt a
Resolution Adopting Preliminary 2007 Budgets (Res2006-360) Resolution Adopting Proposed
Property Tax Levies for Taxes Payable in 2007 (Res2006-361) Resolution Authorizing the 2007
HRA Levy (Res2006-362), and a Resolution Setting Truth in Taxation Hearing Dates for 2007
Tax Levy (Res2006-363)With all members voting in favor, the motion carried.
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Regular Meeting of September 12, 2006
Page 7 of 12
8.2) Rezoning, Preliminary Plat, and Variance for "Rusten Wood" development located at
18240 81h Avenue North (Bohland Hadley Woods, LLC — 2006046) (Postponed from August
22)
Senior Planner Drill reported on the revised request of Bohland Hadley Woods, LLC, for
rezoning, preliminary plat, and variance for "Rusten Wood," a 24.2 acre site on the east shore of
Hadley Lake that would be developed for 19 single-family lots and one outlot to provide public
access to Hadley Lake. He stated the proposed plat has been revised to provide a cul—de—sac
turnaround at the west end of the public street, with a trail for emergency access between 8th
Avenue and Walnut Grove Lane. He stated this would be designed so that year—round access
would be available. He stated the trail would have signs prohibiting motorized vehicle use, as
well as placement of bollards at each end of the trail.
He stated that conservation easements on the outlot have been defined, and the City would have
emergency easements along the outlot north boundary to Hadley Lake, and a 20—foot wide trail
could be cleared if needed. He stated it remains to be decided whether the outlot would be
privately owned or purchased by the City.
He reviewed neighborhood concerns about the area under review and a proposed revision of
wetland treatment and plantings. He stated that residents have requested installation of speed
bumps during construction.
Steven Bohl, developer for the project, stated he thinks a lot neighborhood relationships have
been built since the last meeting. He stated he has met with residents from both Hadley Hills and
8th Avenue neighborhoods, and he believes the neighborhood residents are in support of the
revised plan.
Chris Okey, 1125 Urbandale Lane North, stated that residents want more information regarding
the trail. He stated there are concerns over the trail width and construction standards, and he
asked for clarification on the weight and size of emergency vehicles, and whether they would be
able to successfully move through trail.
Fire Chief Kline stated that the City standard for emergency vehicles access is a 20—foot wide
fire lane on 15 ton axel weight. He stated one of the City's larger trucks is 16 feet wide, but
most new equipment is 13.5 feet wide.
Doug Sauter, 18140 8th Avenue North, asked the Council consider safety issues, and a redesign
of 8th Avenue, with speed calming development. He stated the City should acquire the outlot.
Scott Sustacek, 1215 Vagabond Lane North, opposed the plan because it deviates from the intent
discussed at the August 22 Council meeting.
Todd Olson 1305 Urbandale Lane North, opposed the trail proposal and stated he doubted that
emergency service time would be enhanced.
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Regular Meeting of September 12, 2006
Page 8 of 12
Brighid Hansen, 690 Olive Lane North, opposed the proposed development, and for a review of
the Comprehensive Plan map. She suggested there be a land trust or some sort of nature land use.
Steve Gardner, 10717 10th Avenue North, stated that surveys of residents found respondents not
in favor of clear cutting the land. He opposed clearing the area for the development.
Doug Thompson, 805 Queensland Lane North, commended the Council, staff, and developer,
and believes there is no desire for a through street.
Mayor Johnson stated that the City doesn't have funds to purchase outlet A because a 26—acre lot
near site was already purchased for green space. She stated the City needs to move forward with
what is offered.
Councilmember Willis stated he would like the 14—foot EMS access maintained, but does not
want to dictate at this meeting how it should be constructed. He stated he believed access to
outlet A should be publicly maintained, but does not want to encourage large boats on the lake.
In a procedural measure, Mayor Johnson withdrew her motion from the last meeting to approve.
Councilmember Bildsoe, who had seconded the motion, agreed.
Motion was made by Councilmember Slavik seconded by Councilmember Willis to approve an
Councilmember Black stated she supports the plan to continue the trail as well as the cul-de-sac.
She stated snow removal would be an issue in the cul-de-sac. She stated she is uncertain whether
outlet A should remain under private ownership, because she opposes private access to the lake.
Motion was made by Councilmember Willis, seconded by Councilmember Black to amend the
variances to allow the City to retain maintenance of the outlet.
Councilmember Slavik stated she has struggled with this because there has never been public
access to the lake. She stated by allowing public access, the City would be allowing the
character of the development to change, so she would not support the amendment.
Councilmember Stein stated he agreed with Councilmember Black and would support the
amendment. He stated he did not believe public access to the lake would be detrimental to it,
and did not believe it would hurt the neighborhood enjoyment of the lake.
Councilmember Hewitt stated she has struggled with the issues and noted there are valid points
on both sides. She credited residents with making an investment in the lake without the City's
financial support. She stated if the outlet became City land, maintenance of the land and the lake
would ending up costing taxpayers.
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Regular Meeting of September 12, 2006
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Barry Gorelick 18770 11th Avenue North, stated he opposes the amendment because any further
access would change character of the lake.
Larry Monicatti, 660 Brockton Lane North, opposed public access to the lake. He stated
residents on the lake are concerned over their peaceful life, and expects that would change with
public access.
Chip Brixius, 18520 6th Avenue North, believed there are no compelling reasons to establish
public access.
Terry Knight, 960 Brockton Lane North, co—President of Hadley Lake Homeowners Association,
stated the group took two farm scum ponds and converted them into a lake. He believed the
Council has an obligation to the 52 homeowners over who would pay for maintenance of the lake
if it becomes a public lake. He stated within a year or two it would be scum ponds again if the
homeowners association stops paying for the maintenance.
David Bardal, 18540 6' Avenue North, opposed public access and believed if the City took over
lake maintenance it would not be at the level of the homeowners.
Woody Kingman, 18550 6th Avenue North, offered signatures of 77 residents opposed to public
access of the lake.
Scott Sustacek, 1215 Vagabond Lane North, opposed making public access to the lake because
of vehicles parking.
With Councilmembers Bildsoe, Hewitt, Slavik, and Mayor Johnson voting against the
amendment to make the outlot public access, the amendment failed.
Councilmember Hewitt stated she supports the main motion and believes the plan to develop the
cul-de-sac and trail is a good compromise.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Willis to amend
Variance Item 22, changing the term "speed bumps" to "speed humps.' With all members
voting in favor, the amendment passed.
Councilmember Bildsoe expressed concerns about the width of trail, saying he believed it would
be too wide, but that he would support the main resolution.
Councilmembers discussed the signage, bed composition of the trail, and other design elements
in an effort to make the trail more pedestrian oriented.
Motion was made by Mayor Johnson, seconded by Councilmember Black, to amend Variance
Item 23 to include language ordering the placement of bollards at each entrance to the trail and
to use ADA compliant ramps on the trail. With all members voting in favor, the amendment
passed.
Adopted Council Minutes
Regular Meeting of September 12, 2006
Page 10 of 12
Councilmembers discussed whether the 20 -foot access to the lake along the northern border of
outlot A would be adequate. The developer responded that the exact width of the access route
would not be required until engineering comments have been drafted.
Motion was made by Mayor Johnson, seconded by Councilmember Willis to amend Variance
Item 9 to leave the access road width undefined. With all members voting in favor, the
amendment passed.
Motion was made by Councilmember Slavik, seconded by Councilmember Hewitt to amend
Variance Item 22 to include the following language: "If significant safety issues arise relating to
period for this subdivision, in locations as specified by the Public Works Director." With all
members except Councilmember Stein voting in favor, the amendment passed.
Councilmember Black stated that she would not support the main motion because she believes
the lake should have public access.
Councilmember Hewitt stated she supported the main motion because the housing density would
be lower than what it could have been allowed by the Comprehensive Plan.
There being no further discussion and with all members voting in favor but Black, the motion as
amended carried.
The Council took a 10 minute recess.
8.3) Review Pre—application sketch of a potential seven lot subdivision for property
located near 7th Avenue and Harbor Lane.
Planning Manager Senness reviewed a request for comments by the City from Harbor Place
Homeowners Association proposing a potential seven lot development. She stated the seven lots
would be platted from an outlot with a public street extended from Harbor Lane.
Councilmembers discussed how the outlot would be developed, and what access would be made
from Harbor Lane.
Kenneth Carpenter, 16925 40th Avenue North, stated that he is seeking support for development
of the property owned by the homeowners association. He stated the group has found a
developer interested in developing site with four or five homes, rather than the originally
proposed seven.
Councilmembers discussed with staff the location of wetlands and easements as well as tree
protection and replacement.
Mark Thimsen, 720 Harbor Lane North, stated he is looking for creative ideas in how to develop
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Regular Meeting of September 12, 2006
Page it of 12
the area, and he would like to learn whether the City would reject or support a development
proposal.
Councilmembers discussed the number of lots that would be feasible and what topographic work
would be required to develop the outlot.
Dan Rust, 435 Glacier Lane North, stated that in 1996, the City rescinded a PUD designation for
the outlot, and the homeowners association gained property development rights. He stated the
City discussed development of the outlot with the homeowners association and gave refusals and
conditions that would work against the development. He believes the homeowners lost out on
three offers by developers who didn't want to offend city staff. He stated the group wants to get
ideas on what it could do with a tough property.
Jason Moon, 445 Glacier Lane North, stated that when some homeowners bought their
properties, they believed the outlot would never be developed. He stated there are safety
concerns from residents who don't want a street put in behind their homes, giving them three
frontage lines.
Sandra Pasmanter, 515 Glacier Lane North, stated she is interested in quality of life issues for the
neighborhood. She stated the greatest benefit for most people would be to develop the land.
Jeremy Dando, 14400 01 Avenue North, stated the comments of the Planning Commission
opposing development of the space concern their the association.
Scott Critzer, 14410 4v' Avenue North, stated the homeowners association is confident it would
respectfully redevelop the land with consideration for natural preservation.
Marie Jeannotte-Cur, 14395 4th Avenue North, believed the current environment has been a flat
refusal for consideration of development.
Patrick Burt, 890 Fernbrook Lane North, spoke against any development.
Eric Ernest 14425 8th Avenue North, expressed concern over safety issues on the three lots which
would be affected by construction of the road behind their lots.
Cameron Hagan, 630 Harbor Lane North, stated he has always looked toward the relative
privacy of a wooded background with the undeveloped outlot.
Nancy Patton, 14415 8th Avenue North, stated she was concerned about the additional frontage
line created by putting a road in to the development.
Councilmembers discussed the proposal in the staff report and agreed that comments would not
be appropriate without having seen a revised plan, reflecting the reduced number of homes
proposed. They advised the homeowners association to present a serious sketch and plans
addressing requirements for the property development. They advised the homeowners
association that the City needs more detail to proceed.
Adopted Council Minutes
Regular Meeting of September 12, 2006
Page 12 of 12
The Council took no action.
Report and Staff Recommendations
9.1) Consider Whether to Change the September 26 Council Meeting Date
Following discussion the Council agreed not to change the meeting date.
Adjournment
Mayor Johnson declared the meeting adjourned at approximately 12:33 a.m.
Kurt H f an III, Deputy City Clerk