HomeMy WebLinkAboutCity Council Minutes 06-14-2005Adopted Minutes
Regular Council Meeting
June 14, 2005
Mayor Johnson 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 June 14, 2005.
COUNCIL PRESENT: Mayor Johnson, Councilmembers Hewitt, Slavik, Stein, Black, Bildsoe,
and Willis.
ABSENT: None.
STAFF PRESENT: Fire Chief Kline, Finance Director Hann, Police Chief Goldstein, City
Attorney Knutson, Park and Recreation Director Blank, Community Development Director
Hurlburt, Public Works Director Cote, Design Engineer Renneberg, Public Safety Education
Specialist Cwayna, and City Clerk Paulson.
Plymouth Forum
Laura Landis, 3409 Kilmer Lane,. Program Coordinator with Home Free, thanked the Council for
their support with their programs.
Presentations and Public Information Announcements
4.01) Announcement of Music in Plymouth on July 6
Barbara Willis, Carol Bendell, Kris St. Martin, and Mele Willis of the Plymouth Civic League,
spoke of this year's Music in Plymouth on July 6 at the Hilde Performance Center as well as the
5k walk/run schedule on June 25. Included in this year's event will be recognition of the City's
50th Anniversary. They thanked the City for all their support.
Mayor Johnson thanked the Plymouth Civic League for all their work on these events.
4.02) Announcement of "Summer Safety" Open House
Public Safety Education Specialist Cwayna reported on the "Summer Safety Night" on June 16
from 6:00 p.m. -8:00 p.m. at Fire Station No. 3.
Approval of Agenda
Councilmember Black requested to add scheduling a Study Session as item No. 9.2 under
Reports and Staff Recommendations.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to
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approve the amended a egnda. With all members voting in favor, the motion carried.
Consent Agenda
Councilmember Slavik registered a no vote for item No. 6.19.
Councilmember Willis removed item No. 6.16, and it was placed under General Business as item
No. 8.3.
Councilmember Black registered a no vote for item No. 6.08.
Mayor Johnson removed item No. 6.12 by request of Jill Baechler, 4205 xenim Lane North,
and it was placed under General Business as item No. 8.4.
Mayor Johnson noted that it has been requested to postpone item No. 6.09 until June 28;
therefore,, that item was removed from the Consent Agenda.
Mayor Johnson noted an amended Resolution for item No. 6.17 was handed out.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black to
approve the amended Consent Agenda, which included the following items:
6.01) Minutes of the Regular and Special Council Meetings of May 24, and Special Meetings
of June 6 and June 7.
6.02) Resolution Approving Disbursements for the. Period Ending June 3, 2005 (Res2005-207).
6.03) Resolution Accepting the 2004 Comprehensive Annual Financial Report and Audit
Res2005-208).
6.04) Resolution Approving Consent of Assignment of Contract No. A050938 for the use of
Election Equipment (Res2005-209).
6.05) Resolution Approving Variances to the Minimum Lot Width and Area to allow a Minor
Subdivision to create Two Lots for Property located at 9920 28t` Avenue North (2005003 —
Res2005-210).
6.06) Ordinance Amending Chapter 5 of the City Code relating to Administration of
Development Contracts (2005047— Ord2005-10).
6.07) Resolution Approving an Interim Home Occupation License for Mary Schabel for
Property located at 17410 9th Avenue North (2005044 — Res2005-211).
6.08) Resolution Approving a Variance to allow a 51% Impervious Surface Area Coverage to
allow Construction of a Home Addition by Skyline Design, Inc. for Property located at 1840
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Regular Meeting of June 14, 2005
Page 3 of 16
Juneau Lane North (2005038 - Res2005-212).
6.09) (This item was postponed to June 28, 2005).
6.10) Ordinance Amending Chapter 21 of the City Code to Classify Certain Land located at
13825.Schmidt Lake Road (2005041— Ord2005-11), Resolution Approving Findings of Fact for
the Rezoning of Property located at 13825 Schmidt Lake Road (2005041— Res2005-213), and a
Resolution Approving a Site Plan Amendment and Interim Use Permit for Construction
Consultants, Inc. at the Fluidyne Aerotest Laboratory located at 13825 Schmidt Lake Road
2005041— Res2005-214).
6.11) Resolution Approving Garbage Hauler License for Master Waste Services, LLC
Res2005-215).
6.12) (This item was moved from the Consent Agenda and placed under General Business as
item No. 8.4).
6.13) Resolution Approving Designation of Engineer for Design and Construction Services for
Vicksburg Lane/25th Avenue/Shanandoah Lane Traffic Signal Improvements (5105 — Res2005-
216).
6.14) Resolution Approving Change Order No. 1 for 2005 Temporary Overlay Project (5114 —
Res2005-217).
6.15) Resolution Authorizing "No Parking" Restriction on the North Side of 34th Avenue
between Plymouth Boulevard and the Driveway to Community Bank of Plymouth (Res2005-
218).
6.16) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.3).
6.17) Resolution Approving Layout No. 2 for County Road 24 -Olive Lane to Jewel Lane (5122
Res2005-219).
6.18) Resolution Approving Change Order No. 3 for Central and Zachary Water Treatment
Plans Expansion and Upgrade (2032 — Res2005-220).
6.19) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for
Plymouth Metrolink Station 73 Transit Facility (3125 — Res2005-221).
6.20) Resolution Revising Resolution No. 2004-531 Approving Final Plat for Heritage
Development of Minnesota for "Plymouth Crossing," a 30 -Unit, Multiple -Family Development
located on the Southwest Corner of the Intersection of Schmidt Lake Road and Northwest
Boulevard (2004116F — Res2005-222).
6.21) Resolution Authorizing Expenditure of Charitable Gambling Funds (Res2005-223).
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Regular Meeting of June 14, 2005
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6.22) Resolution Authorizing Dock Permits on Medicine Lake (Res2005-224).
Motion carried to approve the Consent Agenda.
Public Hearings
7.1) Vacation of Drainage and Utility Easements over Lots 7 and 8, Block 1, Zinal Second
Addition
Public Works Director Cote illustrated the proposed Vacation of the 10 -foot drainage/utility
easement over the west 110.04 feet of Lots 7 and 8, Block 1, of the Zinal Second Addition. He
explained that Sharon Anderson, 16025 County Road 6, petitioned the Vacation. He stated that
Zinal Second Addition was platted in 1960 with a 10 -foot drainage/utility easement running from
east to west through the common lot lines of Lots 1 through 14, of Block 1. At the time of
platting, there was an existing farmhouse located where the common lot line of Lots 7 and 8 was
platted. In addition to the lot lining running through the structure, there is also a 10 -foot
easement. In July 2004, an administrative permit was approved to allow the redevelopment of a
non -conforming lot located at 16020 14th Avenue (the south half of Lot 8, Block 1). It was
recommended to have a 10 -foot drainage/utility easement vacated that runs through the existing
house at 16025 County Road 6. The City would retain the east 10 feet of the existing easement
due to an existing power pole located on the common lot lines.
Mayor Johnson opened the public hearing for testimony.
There being no one wishing to appear to give testimony, Mayor Johnson declared the public
hearing closed.
Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe, to adopt
a Resolution Approving the Vacation Authorizing the Vacation of a Dedicated Draina eg /Utility
Easement within Lots 7 and 8, Block 1, Zinal Second Addition (Res2005-225) and a Resolution.
Setting Conditions to be met Prior to Filing of Resolution No. 2005-225 Vacating a
Drainage/Utility Easement Within Lots 7 and 8, Block 1, Zinal Second Addition (Res2005-226).
With all members voting in favor, the motion carried.
7.2.1) Assessments for 2005 Street Reconstruction Project (5101)
Public Works Director Cote stated this year's street reconstruction project involves the
reconstruction of residential streets in three different areas. The first area referred to as
Gleanloch, includes the cul-de-sacs of Resden Road and Ravenwood Road. The second area
referred to as Ranchview West, is located from Vicksburg Lane to Ranchview Lane and from
2nd Avenue to 9th Avenue. The final reconstruction area referred to as Ranchview East and is
located from Ranchview Lane to Niagara Lane and from 3rd Avenue to 8th Avenue. Also
included with this project is a mill and overlay on Carlson Parkway, from Minnetonka City limits
to Gleason Lake Road. He discussed the proposed assessments for the projects as well as five
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different payment options available to the property owners. He noted that the total project cost
for the Carlson Parkway mill and overlay project is estimated at $92,823.57 and Carlson
Companies has agreed to pay $78,073.57. The City would pay $14,750 for this project, which
Carlson Companies paid for a seal coat on Carlson Parkway in 2000.
Councilmember Slavik stated she has been contacted by several residents regarding the amount
of the assessments, which could contribute to financial difficulties. She stated as it's proposed,
assessments between $0 and $5,000 would be assessed at a five-year assessment term at an
interest rate of 6% and between $5,001 and $10,000, there would be a 10 -year assessment term
at a 6.5% interest rate. She asked if the City could lower the amount of $5,000 to $4,000 in order
to assist more residents. Finance Director Hahn replied it would be more advantageous for a
homeowner to secure a home equity loan as the interest would be tax deductible, and the interest
on assessments aren't tax deductible. He stated the minimum of $5,000 assessment for this type
of arrangement has been a City policy for a long time. He cautioned the Council in not lowering
it too far so that the City can get the funds back into the street reconstruction fund for future
projects.
Mayor Johnson opened the public hearing for testimony.
There being no one wishing to appear 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 2005 Street Reconstruction, Assessments from $045,000,
Carlson Parkway (5101— Res2005-227) and a Resolution Adopting Assessments for 2005 Street
Reconstruction Assessments from $5,001410,000 (5101- Res2005-228), and the public
agreement with Carlson Companies.
Councilmember Willis moved and seconded by Councilmember Slavik to amend the main
motion to amend the Resolutions for $044,000 and $4,001410,000 for this project only.
With Stein and Willis voting yes, and Hewitt, Slavik, Black, Bildsoe, and Johnson voting no, the
motion failed.
The Council voted on the main motion and with all members voting in favor, the motion carried.
7.2.2) Award of Contract to Midwest Asphalt Corporation (5101)
Motion made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt a
Resolution Awarding Contract for 2005 Street Reconstruction Project for Ranchview East and
West Areas, Gleanloch Area, and Carlson Parkway(5101— Res2005-229). With all members
voting in favor, the motion carried.
7.3) Alcohol Compliance Check Violation for El Azteca, 3500 Vicksburg Lane
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Police Chief Goldstein stated this is the date of hearing on the third alcohol compliance check
violation of El Azteca, 3500 Vicksburg Lane. He noted that the licensee had previously been a
member of the Best Practices Program, but because of the third violation, they have been
removed from the program for one year.
Councilmember Black asked when the license could be removed under the presumptive
penalties. Police Chief Goldstein replied the license could be removed with a fourth violation.
Mayor Johnson opened the public hearing for testimony.
Police Chief Goldstein stated the violation occurred on February 26, 2005 when an underage
patron was carded, but was still was served liquor. The server was fined $300. He noted that the
last violation had occurred on September 23, 2004. At that time, a $1,000 fine and a five-day
stayed suspension was imposed in accordance with the presumptive penalty. For this violation,
the City would need to impose the stayed five-day suspension in addition to the 15 -day
suspension for a third violation for a total of 20 days, as well as a $2,000 fine. He reiterated that
the business would be removed from the City's Best Practices Program for one year.
Marcos Gomez, licensee, stated all his employees have attended the City's server classes, and he
would like to know if they passed the tests. He stressed that this is a family restaurant, and the
business isn't based on the sale of liquor, but food. A 20 -day suspension would definitely be a
hardship for them. Therefore, he requested the Council to reconsider the length of the
suspension.
Mayor Johnson asked Mr. Gomez if he offers daily or weekly training for reinforcement for his
employees. Mr. Gomez stated that his employees are reminded on a daily basis. In response to
this last violation, he purchased a new system to read drivers licenses to verify the age. He stated
they are also starting to do their own in-house compliance checks.
There being no one else wishing to appear before the Council to give testimony, Mayor Johnson
declared the public hearing closed.
Mayor Johnson asked if licensees are given the test results from the server training. Police Chief
Goldstein replied he is unsure. He added that the licensee has been very attentive to the training
despite their compliance check violations.
Motion was made by Councilmember Willis, and seconded by Councilmember Stein, to adopt a
Resolution Imposing a $2,000 fine with a 20 -da T pension.
Councilmember Hewitt asked if the licensee is able to select their days for the suspension.
Police Chief Goldstein replied yes, to a certain degree. The goal is that the 20 -day suspension is
served in a 45 -day period of time. Staff would work with the licensee.
There being no further discussion and with all members voting in favor, the motion carried.
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General Business
8.1) Rezoning, Preliminary Plat, Site Plan, Conditional Use Permit, and Variance for Perl
Development (3735 and 3855 County Road 101— 2005001)
Community Development Director Hurlburt stated this item was continued from the April 12 and
May 10 Council meetings. She stated the issues the Council raised at the previous meetings have
been reviewed. She stated there are have been three changes to the preliminary plat. The first
change is that the pond from this development wouldn't drain directly into the pond at the
Orchards of Plymouth, but rather it would by ass this with a storm outlet pipe directly to the
wetland. The second change involves the 39t Avenue cul-de-sac within the Walnut Grove
neighborhood to the west. The revised preliminary plat indicates that the new street within this
development would no longer be connected to the 39th Avenue cul-de-sac. The new street within
the proposed development would end in approximately 1,100 foot long cul-de-sac with its turn-
around located 40 feet south of the exiting 39th Avenue cul-de-sac turn -around in the Walnut
Grove Pond neighborhood. A 40 -foot long emergency access road would connect the two
adjacent cul-de-sac turn-arounds. The emergency access would be 20 -feet wide and would be
constructed for fire lane standards. It would include bollards at each end to discourage through
traffic. The bollards would be designed as breakaway bollards, allowing access by emergency
vehicles. The last concern was the access to Medina Road. The revised plan now shows the
required right turn lane along Medina Road onto the proposed street (Queensland Lane) within
the development. Medina Road would be the only access to the site, as the site would no longer
be connected to 39th Avenue to west. She also noted that there were questions regarding private
drives and parking, and there are no changes as they meet the City's requirements.
Councilmember Stein stated he is concerned about the entrance into this development off.
Medina Road. He asked if there have been any traffic studies on County Road 101 to the east.
Community Development Director Hurlburt replied that there was no specific traffic study for
this project. However, Medina Road is the only access to the property since the County won't
allow access off County Road 101. She added this segment of Medina Road has less traffic than
to the east as the scale of this project to the development on the east side of County Road 101 is a
lot smaller.
Councilmember Stein stated that logically, he feels this development should be connected to 39th
Avenue in order to keep the traffic off the Medina Road/County Road 101 intersection.
Community Development Director Hurlburt stated the Council's previous direction was to
disconnect the connection to 39th Avenue.
Councilmember Black agreed that the entrance to this development is very close to County Road
101. She stated that traffic in this area is going to gradually increase due to future developments
to the west.
Community Development Director Hurlburt stated if the Council adopts the revised plan this
evening, there wouldn't be a connection to 39th Avenue.
Motion was made by Councilmember Willis, and seconded by Councilmember Black, to adopt
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an Ordinance Amending Chapter 21 of the City Code to Classify Certain Land located North of
Medina Road and West of County Road 101 (2005001— Ord2005-12), Resolution Approving
Findings of Fact for the Rezoningoff Property located North of Medina Road and West of
County Road 101 (2005001— Res2005-231), Resolution Approving a Preliminary Plat for
Sherwood Perl for Property located North of Medina Road and West of County Road 101 with a
l — Res2005-232), and
Conditional Use Permit, and Variance for Sherwood Perl for Property located North of Medina
Road and West of County Road 101 (2005001 — Res2005-233) which would reflect the street
extension to Queensland).
Councilmember Hewitt stated that she doesn't support connecting this development to the 39th
Avenue cul-de-sac. She stated she is concerned on the number of units as she feels there are
more than what the property can handle. She stated that she appreciates the revision made for
the drainage of the pond. She indicated that she is opposed to private drives, as
resident/homeowners associations can't always afford to maintain them. She stated that
sometimes homeowners associations disappear which contributes to the problem. She noted that
this could also be a problem for the maintenance of the sidewalk that is still being proposed on
the east side of Queensland Lane.
Community Development Director Hurlburt stated with this particular development, the
homeowners association wouldn't disappear, as there is a need for it. The area along Queensland
Lane is common space, so the homeowners association would be the owner of the adjacent
property to the sidewalk. Therefore, they would need to maintain the sidewalk.
Councilmember Bildsoe asked with the revision made to the drainage of the pond, would the
problem just be moving downstream. Community Development Director Hurlburt replied that
with bypassing the Orchards of Plymouth's pond, it would empty into a much larger area. Public
Works Director Cote added that the runoff from the property needs to be the same for pre and
post development.
Councilmember Slavik stated that she wouldn't support the extension to the 39th Avenue cul-de-
sac. She also doesn't support private drives within development due to future maintenance
issues. She stated there would be a concentration of townhomes in this area within the next 15-
20 years, and one access to this development might not be sufficient for 43 units.
Councilmember Bildsoe stated that the City has allowed private drives within developments in
the past, and there would be more in the future. Therefore, he asked Councilmember Slavik if
the City should change the policy on homeowners associations maintaining private drives and
sidewalks or are these issues specific to this development.
Councilmember Slavik stated that she isn't looking to change the policy. Private drives within
developments have always concerned her as well as homeowners associations maintaining their
properties.
Mayor Johnson asked if the City could control how much homeowners associations collect for
maintenance items. City Attorney Knutson replied the City doesn't control homeowners
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Page 9 of 16
associations as they are privately funded through their memberships.
Councilmember Slavik stated that she doesn't desire to control homeowners associations, but she
gets concerned when they approach the City requesting the City to maintain their private drive.
Community Development Director Hurlburt stated that there is only one homeowners association
that has requested that, and that particular development is an older development. She has
recently spoken with them, and they have identified other financing options.
Elaine Johnson, 17930 39th Place North, thanked the developer and the City for the modifications
to the plans. She commented that their homeowners association is currently facing a substantial
bill for maintenance of their private drives and sidewalks.
Barry Altman, 18120 39th Avenue North, stated at the previous meeting, he asked about reducing
the units on the east side of Queensland Lane, which would also eliminate some of the private
drives. He cautioned in working with sprinklers and drains in the area of the drainage pond and
restoring that area after the construction. He asked if the existing 12" sewer line is adequate for
this size of development. He stated he's opposed to connecting this development to 39t Avenue
cul-de-sac. Their neighborhood desires to maintain that cul-de-sac as it adds aesthetic and value
to the area. In addition, they don't want cut through traffic.
Ken Edstrom, 18005 39th Place North, stated he is concerned about the construction debris with
this development. Mayor Johnson stated that the City requires the placement of silt fences so that
the debris doesn't flow into the ponds or wetlands.
Jerry Altman, 18100 39th Avenue North, stated regarding connecting this development to the 39th
Avenue cul-de-sac, it would be a 135 degrees turn out of this development. He stated currently,
this whole area is sloped to the north; therefore, when it rains, water continually flows to the
north towards the end of the cul-de-sac. Mayor Johnson explained water runoff from this
development would empty into the pond on site.
Mayor Johnson requested staff to address the concerns that were expressed by residents. Public
Works Director Cote Doran stated that the Council could include a condition in the resolution
that the developer would locate existing sprinkler systems. He stated this development wouldn't
negatively impact the existing sewer system. He stated regarding the 135 degrees turn out at the
39th Avenue cul-de-sac, that isn't that big of a concern.
Mayor Johnson asked if the townhome layout could be redesigned in order to eliminate private
drives. Community Development Director Hurlburt replied this property is guided LA -2 which
allows three to six units per acre. Therefore, there could be 34-67 units on this property, and the
developer is proposing 43 units. The City would need a reason other than density to require a
change.
Councilmember Bildsoe stated that if only the parcel to the west would redevelop, which could
provide a better access to the property, many of the issues addressed this evening would be
resolved. He reiterated that the entrance to this development off Medina Road concerns him. If
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this development would completely connect to the 39th Avenue, then there would be residents
from 39th Avenue driving through this development to Medina Road which would create more
traffic at the entrance. He noted that it's also difficult with traffic from the church and school
being in such close proximity to this intersection.
Motion was made by Mgyor Johnson and seconded by Councilmember Black, to add a condition
to the Preliminary Plat Resolution that the developer contact adjacent property owners when
connecting the pipe from the pond to the wetland. With all members voting in favor, the motion
carried.
Councilmembers Hewitt, Slavik, and Bildsoe stated that they wouldn't support the amended
motion as they don't support the connection to 39th Avenue.
Motion was made by Mayor Johnson and seconded by Councilmember Hewitt, to amend the
main motion to adopt the Preliminary Plan as originally proposed this evening, whereby there
would be a cul-de-sac at the end of Queensland Lane. With Hewitt, Slavik, and Johnson voting
yes, and Stein, Black, Willis, and Bildsoe voting no, the motion failed.
Councilmember Bildsoe stated that he is concerned with the school's traffic in this area when
they're in session.
Councilmember Stein stated that is why it makes sense to have a connection to 39th Avenue from
this development for those peak times.
Mayor Johnson stated the City has stated that LA -2 works on this property, and. if the Council
doesn't think it works, it should be reguided to LA -1. However, there could still be 34 units,
which may or may not work here. She stated the Council should inform the surrounding
property owners if there are problems with density and traffic, as it costs developers to keep
resubmitting plans. She stated she supports the motion, but she desires to- cul-de-sac Queensland
Lane as originally proposed this evening.
Councilmember Bildsoe stated no one is considering changing the guiding of this property, but
people are concerned about the safety issues on Medina Road, which will always be there no
matter what the guiding is.
Mayor Johnson asked if the City has an obligation to provide reasonable access to peoples'
properties. Community Development Director Hurlburt replied yes..
Councilmember Bildsoe stated that he could support this project if there would be a cul-de-sac at
the end of Queensland Lane.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Hewitt, to
reconsider the motion to cul-de-sac Queensland Lane. With Hewitt, Slavik, Bildsoe, and
Johnson voting yes, and Stein, Black, and Willis voting no, the motion carried.
Councilmember Black asked if there is the option of having right-of-way available for in the
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future to connect the two cul-de-sacs. Community Development Director Hurlburt replied the
developer could dedicate the right-of-way for a future connection; however, that could be
problematic.
Motion was made by Councilmember Stein and seconded by Councilmember Bildsoe, to amend
the main motion to cul-de-sac Queensland Land require the developer to plat right-of-way for
future connection to 39th Avenue if necessary for traffic and safety concerns and currently, a
trail would be constructed for emergency access. With all members voting in favor, the motion
carried.
The Council then voted on the amended main motion, and with Stein, Black, Willis, Bildsoe, and
Johnson voting yes, and Hewitt and Slavik voting no, the motion carried.
The Council took a 10 -minute break.
Mayor Johnson requested to move item No. 8.4 up on the agenda as the next item, as this item
had been resolved during the break.
8.4) Site Plan Amendment to Install a Generator for the Supertarget Store located at 4175
Vinewood Lane North (2005053)
Motion was made by Councilmember Black and seconded by Councilmember Hewitt, to adopt a
Resolution A provin a Site Plan Amendment to install a Generator for the Soertarget Store
located at 4175 Vinewood Lane North (2005053 — Res2005-236). With all members voting in
favor, the motion carried.
8.2) Rezoning and Preliminary Plat Approval for "Hadley, Hills 2nd Addition" (18555 13th
Avenue North — 2005024)
Community Development Director Hurlburt reported on the request of Quality Site Design for
rezoning and preliminary plat approval of Hadley Hills 2nd Addition. She stated this is a five -
acre parcel located at 18555 13t Avenue North that would be subdivided into six lots. There is
currently an existing home on the property that would be removed and six new homes would be
constructed. The proposal would be to extend 13th Avenue across the north end of the property,
and Vagabond Court would be constructed off of 13th Avenue to access the six lots. She stated at
the Planning Commission hearing, there was a concern expressed on the proposed retaining walls
on the east side of the property. There is a grade change that is taken up with some grading for
the walls (11 feet). Since the Planning Commission meeting, there has been more discussion on
the walls. Staff is recommending that the walls be tiered so that there aren't 11 -foot walls, but
tiering them so each wall would be half that size. This would allow them to encroach with a
little greater slope to the cul-de-sac.
She stated the second issue addressed at the Planning Commission hearing involved the tree
preservation plan, as there are a lot of existing trees on the property. It was brought to staff's
attention that there was a discrepancy in the tree inventory. Therefore, a condition has been
added to the preliminary plat resolution that there be verification of the tree preservation
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inventory before grading and final plat approval. She stated that staff has provided an amended
Resolution containing that condition for this evening's meeting. She also commented that the
developer could replace some of the trees near adjacent neighbors if they would agree.
She stated the last concern involved the extension of 13th Avenue through this project. Residents
are concerned on changing the traffic patterns in this area. She stated staff has prepared
alternative Resolutions for this evening's meeting. "Option A" Resolution would allow the
construction of 13th Avenue to the edge of the plat, while "Option B" Resolution wouldn't allow
the construction of 13th Avenue to the edge of the plat, but rather it would require the applicant to
dedicate the future street right-of-way and construct a 20 -foot wide emergency access route from
Vagabond Court to the west property boundary within the street right-of-way.
Councilmember Black stated if 13th Avenue wouldn't be extended at this time, who would pay
for that in the future. Community Development Director Hurlburt replied the City would pay
that cost.
Councilmember Stein asked why would an emergency access be constructed if the road weren't
necessary: Community Development Director Hurlburt replied that portion would at least be
there, and it would basically be paved a trail.
Councilmember Stein asked if 13th Avenue isn't constructed, but the right-of-way is dedicated,
could the City require funds from the developer that would be escrowed until such time that
13th
Avenue would be extended. Community Development Director Hurlburt replied that could be
considered as part of the development contract. City Attorney Knutson added. that the Council
should establish a time limit on retaining those funds.
Councilmember Willis agreed that it doesn't make sense to obtain right-of-way for essentially a
dead end. He questioned why the City would pave a private piece of property when it's not a
public road. He stated he would support obtaining the right-of-way for future access to
13th
Avenue, and eventually, to connect to Walnut Grove Lane.
Councilmember Stein stated that if the right-of-way would be dedicated, it would make sense to
construct the emergency access.
Motion was made by Councilmember Willis and seconded by Councilmember Stein, to adopt an
Ordinance Amending Chgpter 21 of the City Code to Classify Certain Land located at 18555
13th Avenue North (2004078 — Ord2005-13) Resolution ApprovingFindingsindings of Fact for the
Rezoningoff Property located at 18555 13th Avenue North (2005024 — Res2005-234), and
Option B" Resolution Approving a Preliminary Plat for Quality Site Design for "Hadley Hills
2'd Addition," a Subdivision of Six Lots for Single -Family Dwellings located at 18555
13th
Avenue North (2005024 — Res2005-235) with the addition of a condition that the developer
escrow sufficient funds as determined by the Public Works Director, for future construction of
13th Avenue — not to exceed 10 years from the date of the approval of the Final Plat, and to not
construct the trail/emergency access.
Mike Leuer, applicant, stated he could dedicate property for the future right-of-way; however, -,he
Adopted Council Minutes
Regular Meeting of June 14, 2005
Page 13 of 16
believes that the property owner to the west should pay for the assessment of extending the road
in the future rather than requiring him to escrow funds. City Attorney Knutson replied that the
City couldn't assess an abutting property for a local street.
Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to
amend the main motion that interest that is accrued on the escrow account would be returned to
the developer if the funds wouldn't be used. With all members voting in favor but Johnson and
Hewitt, the motion carried.
Mr. Leurer stated they would be working on the tree inventory and would verify it with staff.
Charlie Melcher, Quality Site Design, stated they have held one informal meeting with the
neighbors as well as discussions with neighbors this evening. He stated regarding the issue of
tree reforestation, there wouldn't be any greater loss of trees, but there could be savings of trees
when they do the final grading plan and the retaining walls.
William Rosengren, 18530 11th Avenue North, stated they live to the south of this development.
He stated they would lose a lot of their view with this development; therefore, tree reforestation
is very important to them. He illustrated where there should be a strong buffer of trees. He
requested that the developer work with them on the size, location, and type of trees.
Nancy Holmes, 1295 Walnut Grove Lane, stated she is the property owner to the west of site,
and when they reconfigured their driveway off Walnut Grove Lane, they had to construct a fence
so that there would be the separation from 13th Avenue. If the City would "dead end" 13th
Avenue, there would need to be a barrier. Public Works Director Cote stated that the City would
put up a barricade.
Roger Cruzen, 18425 14th Avenue North, stated he doesn't support constructing a road that goes
nowhere. He stated neighbors are concerned, as there isn't a lot of certainty that there isn't going
to be a lot of satisfaction. Mayor Johnson assured Mr. Cruzen that there are conditions in the
approving Resolutions that the applicant needs to follow. Mr. Cruzen suggested the City design
a brochure/materials for residents on the development application process, as many residents are _
unsure of the process and development terms.
Jane Ford, 1115 Vagabond Lane, stated. that she would accept one 11 -foot retaining wall on her
property rather than a tiered wall system, so that the wall could be moved six feet further away
from her property in order to spare some of the trees. She questioned the need for the proposed
sidewalk in this development, as it wouldn't go anywhere. Perhaps if the sidewalk would be
deleted, they could retain another four feet of their property.
Kristen Taraszewsia, 1125 Vagabond Lane, stated regarding the retaining wall, homeowners
associations, over time, have a tendency to not address maintenance issues. Therefore, she is
concerned about maintaining that wall as well as drainage characteristics in the future. She
asked if the City could mandate an inspection of the wall every five to 10 years. Lastly, she
stated that they would work with the applicant on the tree reforestation on their rear property
line.
Adopted Council Minutes
Regular Meeting of June 14, 2005
Page 14 of 16
Gregg Leininger, 1225 Vagabond Lane, stated if this development were approved, his property
would be sided by three access roads (Vagabond Lane, Vagabond Court, and 13th Avenue). He
stated he brought it to staff s attention regarding the tree inventory, and he thanked the Council
for addressing this. Like Ms. Ford, he stated he is concerned about including the sidewalk. He
questioned the need for street lighting at Vagabond Court/13th Avenue, as there wouldn't be an
intersection there. He stated he would have to look out the south window of his home in order
not to see any streetlight, retaining wall, or sidewalks. He stated he is also concerned about the
pond in the development, and it should be addressed whether there is going to be a retaining wall
around the pond, and if so, what the height would be.
Mayor Johnson stated at this time, staff would address the concerns that were raised. She asked
about the maintenance of retaining wall. Community Development Director Hurlburt stated that
staff is recommending the wall be maintained by the homeowners association. The wall would
be on private property.
Regarding the tree inventory, Community Development Director Hurlburt stated the applicant
would work with the neighborhood. Wherever possible, areas would be left in the natural state
and incorporating existing shrubs into the landscaping plan.
Community Development Director Hurlburt stated regarding the issue of the sidewalk,
subdivision requirements require that there has to be a sidewalk on one side of the development.
However, the Council could certainly waive that requirement if it doesn't fit with the character of
the neighborhood, as well as Mr. Leininger's concern regarding the streetlight. She noted that if
the sidewalk were eliminated, it wouldn't shift the road.
Mayor Johnson asked how residents could be sure that what the Council discussed this evening
is going to occur with this development. Community Development Director Hurlburt stated the
City records the approved resolutions and contracts, and the applicant provides the financial
guarantees. Before any financial guarantees are released, the project has to be constructed
according to the plan.
Community Development Director Hurlburt stated regarding the suggestion that City assemble a
brochure/materials on the development process for residents, staff could certainly put that
together. This information would be available at the service counters at City Hall and on the
City's website.
Regarding the retaining wall, Public Works Director Cote stressed that staff has recommended to
remove the retaining wall from the drainage and utility easement.
Motion was made by Councilmember Willis, and seconded by Councilmember Black, to amend
the main motion to delete the requirement of the sidewalk and streetlight at Vagabond Court.
With all members voting in favor, the motion carried.
Motion was made by Mayor Johnson, and seconded by Councilmember Bildsoe, to amend the
mairrmotion to remove the escrowing of funds for future construction of 13th Avenue, but still
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Regular Meeting of June 14, 2005
Page 15 of 16
require the applicant to dedicate the rit-of-way.
Councilmember Willis reminded the Council if that if 13th Avenue were constructed in the
future, the City would be responsible for paying those costs.
Mayor Johnson stated that she doesn't want to "tie the hands" of future City Councils in securing
right-of-way if 13th Avenue were to be constructed.
There being no further discussion and with all members voting in favor but Stein and Willis, the
motion carried.
Mr. Melcher noted that the retaining wall for the pond is critical as it relates to the saving of
trees. Public Works Director Cote reiterated staff's recommendation to remove the proposed
retaining wall from the drainage and utility easement, as there are access and maintenance issues.
The City wouldn't want to be responsible for damaging the wall if it needs to maintain the pond
in the future.
Mr. Melcher disagreed with staff's recommendation as he feels there is ample room for the
maintenance equipment to access the pond.
Mayor Johnson requested that the applicant and staff address the retaining wall with the Final
Plat.
There being no further discussion on the amended motion, and with all members voting in favor
but Hewitt and Slavik, the motion carried.
8.3) Comments on the Bassett Creek Watershed Management Commissions Budget
Councilmember Willis noted that in the Bassett Creek Watershed Management Commission's
proposed budget, the hiring of an executive director is proposed. He questioned the need for this
position, as he is concerned about new staff structure as those costs would increase in the future.
He stated he would prefer that the Council supports a budget that continues the status quo.
Motion was made by Councilmember Willis, and seconded by Councilmember Slavik, to support
a 2006 budget that keeps the staffing level as it current exists.
Councilmember Black stated there is a need to hire an executive director. She stated the role of
the Commission would be changing as more water quality issues arise. She stressed that the
Commission is a voluntary board,. and many of the people who .serve on the Commission are
retired. There are also a number of people who have full-time jobs and families, and they are
unable to monitor the budget on an ongoing basis. She stated she would feel more comfortable
having the executive director position perform these tasks rather than hiring a private company
that essentially oversees a public operation.
Councilmember Bildsoe agreed with Councilmember Black.
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Regular Meeting of June 14, 2005
Page 16 of 16
Mayor Johnson suggested that the executive director be a half time position, and then after a
year, it be evaluated to determine the cost savings.
There being no further discussion and with all members voting against the motion but Willis, the
motion failed.
Motion was made by Councilmember Black, and seconded by Councilmember Hewitt to
approve the proposed comments as contained in the staff report. With all members voting in
favor but Willis, the motion carried.
Reports and Staff Recommendations
9.1) Legislative Update
There was no update).
9.2) Council Study Session
Mayor Johnson and Councilmembers Black and Bildsoe requested that the Council meet with the
Christgau's and Powers regarding their liability claims that they had filed with the City.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to
schedule a Special Meeting on June 28 at 6:00 p.m. for the purpose of meeting with the
Christgau's and Powers. With Willis, Bildsoe, Black, and Johnson voting yes, and Hewitt,
Slavik, and Stein voting no, the motion carried.
Councilmember Willis requested staff to provide for that meeting, materials indicating where the
City's flood easements are located in relation to those properties, the wetland delineation
boundaries and if they are different, the elevations of the easements/wetlands/high water, and the
floor elevations on their homes.
Adiournment
Mayor Johnson declared the meeting adjourned at approximately 11:25 p.m.
L4h -
andra R. Paulson, City Clerk