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HomeMy WebLinkAboutCity Council Minutes 11-08-2005Adopted Minutes Regular Council Meeting November 8, 2005 Mayor Johnson called a Regular Meeting of the Plymouth City Council to order at 8:00 p.m. in the Black Box Theater, Plymouth Creek Center, 14800 34th Avenue North, on November 8, 2005. COUNCIL PRESENT: Mayor Johnson, Councilmembers Stein, Slavik, Bildsoe, Willis, and Black. ABSENT: Councilmember Hewitt. STAFF PRESENT: City Manager Ahrens, Deputy Fire Chief Hurr, Finance Director Hahn, Police Chief Goldstein, City Attorney Knutson, Park and Recreation Director Blank, Community Development Director Hurlburt, Public Works Director Cote, and City Clerk Paulson. Plymouth Forum There was no one present to address the Council. Presentations and Public Information Announcements 4.01) Presentation on PRISM's Sleepout Campaign Elizabeth Johnson, from PRISM, thanked the Council for the City's support on the sleepout campaign. 4.02) Presentation of Four Heart -Start Units Police Chief Goldstein reported that lawful gambling funds were recently received from the Lions Club for the purchase of heart -start units to be used at Plymouth Townsquare, Ice Center, and two for the Police Department. 4.03) Presentation on "Minnesota Chemical Health Week" Mayor Johnson proclaimed November 14-20 as "Minnesota Chemical Health Week." She presented the proclamation to members of the Trojan Leadership Council.. 4.04) Announcement of Emergency Exercise at Wayzata High School Police Chief Goldstein announced the emergency exercise at Wayzata High School on November 10 at 8:00 a.m. Adopted Council Minutes Regular Meeting of November 8, 2005 Page 2 of 8 Approval of Agenda Councilmember Black added a discussion on potential rezoning of the southwest corner of Bass Lake Road and Nathan Lane under Reports and Staff Recommendations as item No. 9.1. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to qpprove the amended a egnda. With all members voting in favor, the motion carried. Consent Agenda Councilmember Slavik removed item No. 6.04 and placed it under General Business as item No. 8.25. City Manager Ahrens reported that a revised resolution for item No. 6.05 was given to the Council this evening as the Resolution contained in the Council packets had a typographical error. By request of John and Bill Gleason, item No. 6.06 was removed and placed under General Business as item No. 8.256. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Stein, to adopt the amended Consent Agenda that included the followingitems: ems: 6.01) Minutes of the Regular Council Meeting of October 25. 6.02) Resolution Approving Disbursements for the Period Ending October 28, 2005 (Res2005- 409). 6.03) Resolution Approving a Preliminary Plat for Mary Weinzierl for "Churchill Ridge" for Property located at 18820 County Road 24 (2004107 — Res2005-410). 6.04) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.25). 6.05) Resolution Approving Change Order No. 4 on the Plymouth Public Safety Building Expansion and Remodeling Project (Res2005-411). 6.06) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.256). 6.06.1) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.256). 6.07) Resolution Approving the Elected Official Out -of -State Travel Policy (Res2005-412). Adopted Council Minutes Regular Meeting of November 8, 2005 Page 3 of 8 6.08) Resolution Approving Final Release of Financial Guarantee for Carlson Terrace 2003087 — Res2005-413). 6.09) Resolution Repealing and Replacing Resolution No. B94-17 for Sign Variances for Vision of Glory Church located at 12300 State Highway 55 (Res2005-414). 6.10) Resolution Approving Agreement for Convenience Fares Reimbursements with Metropolitan Council (Res2005-415). 6.11) Resolution Approving the Request to the Metropolitan Council to Exercise Options for the Purchase of Eleven 40 -foot Low F1oor,Transit Buses (Res2005-416). 6.12) Resolution Supporting Continued Authority of Local Government regarding Franchising of Cable Services (Res2005-417). Motion carried to approve the Consent Agenda. Public Hearings There were no public hearings scheduled). General Business 8.1) Ordinance Amending Gambling Expenditure Trade Area City Manager Ahrens reported on the request of the Plymouth Lions Club to change the trade area for gambling expenditures. He stated their request is to amend the City Code so that 75% of their expenditures are to be spent in the trade area rather than 100%. Mery Bjerke, 15925 4th Avenue, explained that they would like to donate to other charitable causes that wouldn't be in the trade area. Motion was made by Councilmember Black and seconded by Councilmember Stein, to adopt an Ordinance Amending Chapter 11 of the Plymouth City Code Concerning Charitable Gambling Expenditure Trade Area (Ord2005-29). With all members voting in favor, the motion carried. 8.2) Setting Date for Joint City Council/Planning Commission "Listening Session" on Land Use Plan for Northwest Plymouth Motion was made by Councilmember Slavik and seconded by Councilmember Stein, to schedule a "Listening Session" on the Land Use Plan for Northwest Plymouth on December 12 following the Truth in Taxation reconvene meeting. If there would be no Truth in Taxation reconvene meeting this meeting would begin at 7:00 p.m. With all members voting in favor but Stein, the motion carried. Adopted Council Minutes Regular Meeting of November 8, 2005 Page 4 of 8 8.25) Final Plat and Development contract for "Hadley Hills 2nd Addition" (Quality Site Design — 2005024F) Councilmember Slavik requested additional detail on the revised pond size, since the retaining wall would be removed as well as dedicating the right-of-way for 13th Avenue North without constructing the road. Community Development Director Hurlburt stated regarding the pond, since the retaining wall didn't meet City standards, the applicant was able to reduce the size of the pond so the retaining wall wouldn't be necessary. She stated regarding the dedication of right-of-way for 13th Avenue North, based on this condition, the driveway setbacks from the intersection, and the need for an access easement to maintain the pond, the applicant wouldn't be able to locate a conforming driveway accessing Vagabond Court for the home on Lot 6. Therefore, staff included a condition allowing the applicant to construct a driveway accessing the 13th Avenue North right-of-way, subject to the approval of an encroachment agreement, until such time as 13th Avenue may be constructed. The applicant would also need to remove the existing abandoned driveway across the north side of the property and replace the area with turf. Councilmember Slavik asked if 13th Avenue were never to be constructed, how would that affect tree removal? Community Development Director Hurlburt replied if 13th Avenue wouldn't be constructed, the driveway would remain. She stated this could alter the tree preservation, but that would be reviewed for each building permit application. She stated driveway location isn't based on whether 13th Avenue would go through, but there are setback requirements due to the close proximity of the intersection and the turning lane traffic. She added that the Resolution provides an option and at a later date, the applicant would come back to the City with an encroachment agreement. Public Works Director Cote illustrated the proposed pond and stated that the applicant widened and flattened the pond with a 3:1 slope. He noted that the pond wouldn't encroach any further to the west or the east. Mayor Johnson suggested revising condition No. 12c of the resolution regarding the driveway access to 13th Avenue. Charlie Melcher, Quality Site Design, stated the original pond design accommodated a larger storage under normal water level, which was more than three times the amount required. Therefore, they redesigned the storage that wasn't required and removed the retaining wall. He stated the slopes vary, but they conform to the City's requirements. Motion was made by Councilmember Willis and seconded by Councilmember Black to adopt a Resolution Approving a Final Plat and Development Contract for Quality Site Design for Hadley Hills 2nd Addition," a Subdivision of Six Lots for Single -Family Dwellings located at 18555 13th Avenue North (2005024F — Res2005-418) and a Resolution Adopting Assessments Adopted Council Minutes Regular Meeting of November 8, 2005 Page 5 of 8 for Sanitary Sewer and Watermain Area for Hadley Hills Second Addition (5129 — Res2005- 4 Motion was made by Mayor Johnson, and seconded by Councilmember Bildsoe, to remove condition No. 12c of the Final Plat Resolution. With Slavik, Johnson, and Bildsoe voting yes, and Black, Stein, and Willis voting no, the motion failed. Motion was made by Councilmember Stein, and seconded by Mayor Johnson, to amend the main motion to amend condition No. 12c of the Final Plat Resolution to read, "Relocate the driveway on Lot 6 to a conforming location." With Slavik, Bildsoe, Stein, and Johnson voting yes, and Black and Willis voting no, the motion carried. Greg Leiger, 1225 Vagabond, asked if there are still height restrictions on the homes in this development. Community Development Director Hurlburt replied there would be a 35 -foot height restriction, which would be similar to all the other homes in this zoning district. The Council voted on the amended main motion and with all members voting in favor, the motion carried. 8.256) Denial of Rezoning, Preliminary Plat, Site Plan Conditional Use Permit, Interim Use Permit and Variance to the Subdivision Ordinance (southwest corner of intersection of Nathan Lane and Bass Lake Road — Lifestyle Properties — 2005115) John Gleason, from Lifestyle Properties, voiced his disappointment and frustration with the Council's decision to reject their project. He stated they had been working with staff for over a year with this project, and they had the opportunity to discuss the development with the majority of the Council. He stated staff directed them that the development wasn't dense enough, so they made adjustments as well making the development compatible with adjacent land uses. He stated no one ever informed them that they didn't like the development. He explained there were three different planning meetings in which this project was discussed. He spoke of the amount of time and money that was spent on this project. He requested that the Council convey what their ideas are for this particular location. He stated how this project was handled by the City was a disservice to them and to the neighbors. He accused the Council that they had made a decision on their project prior to their meeting on October 25 as the entire Council indicated their intention to reject the project at this evening's Council meeting. Mayor Johnson assured Mr. Gleason that the Council had made no decision prior to the October 25 meeting. Mr. Gleason stated it would've been very helpful they could've received further clarification from staff, as they changed the project plans based on what the Council stated. Bill Gleason, applicant, stated when one is guided in a certain direction by staff, and you work this long on a project and receive a 7-0 denial vote from the Council, that's very difficult. They came in with a less dense project, and they were informed to increase the density. Adopted Council Minutes Regular Meeting of November 8, 2005 Page 6 of 8 Community Development Director Hurlburt stated staff tries to work with developers and explain the Comprehensive Plan for their property. Staff guides developers with the policy and history of the site as expressed in the Comprehensive Plan. Staff doesn't design the type of application and the style and height of buildings. She stressed that staff didn't recommend approval of the project at the Planning Commission level, as there were policy issues regarding the adequacy of the transition. She acknowledged that the developer went through a lot of changes. However, this wasn't a situation where staff recommended approval, and it was ignored. She stated it's unfortunate that the applicants read politeness for support of their project. Councilmember Willis stated he understands their frustrations. He stated the Council appreciates their application and interest in developing this property. Bill ivieason stated they don't make applications unless they have the support of staff. Therefore, this was a surprise to them. Councilmember Slavik explained the Planning Commission makes recommendations, but the decision is ultimately the Council's. She stated that there is no guarantee that if there were staff approval, there would be Council approval. City Manager Ahrens stated that staff didn't make a recommendation, as it was a policy issue for the Council. Motion was made by Councilmember Black, and seconded by Councilmember Willis, to adopt a Resolution Approving Findings of Fact for Den dung the Rezoning, Preliminary Plat, Site Plan, Conditional Use Permit, Interim Use Permit, and Variance for Lifestyle Properties for 13, Multiple Family Buildings on a 15.99 Acre Property located near the Southwest Corner of the Intersection of Nathan Lane and Bass Lake Road (2005115 — Res2005-420) and a Resolution Denning Wetland and Replacement Plan Application for Lifestyleperties, Inc. (2005033 — Res2005-421). Councilmembers Bildsoe and Stein reiterated that the reason why staff didn't make a recommendation was because this was a policy issue for the Council. Motion was made by Councilmember Stein, and seconded by Councilmember Bildsoe, to call the question. With all members voting in favor but Johnson, the motion carried. The Council voted on the main motion and with all members voting in favor, the motion carried. By request of Councilmember Black, the Council moved item No. 9.1 as the next item on the agenda without objection. 9.1) Rezoning of the Southwest Corner of Bass Lake Road and Nathan Lane Councilmember Black requested that the Council discuss rezoning the above site so that developers are aware of what types of housing would be permitted. She stated it wouldn't Adopted Council Minutes Regular Meeting of November 8, 2005 Page 7 of 8 preclude the possibility of someone requesting higher zoning. She indicated that she would prefer RMF -2 zoning. Mayor Johnson stated regarding the guiding of the property, she would prefer to stay at six units per acre, and for rezoning, she would prefer similar style housing that is in the area. Councilmember Stein stated that he would prefer the lower density in order to be compatible with adjacent neighborhoods. He suggested a report from staff as he's unsure whether rezoning is the answer. Councilmember Slavik stated that she would support LA -3 guiding, closer to six units per acre. Councilmember Bildsoe stated he would support LA -2 guiding. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to direct staff to being the public hearing process for rezoning this site to RMSF-2 with no change_in the idin . Bill Gleason indicated their intention to make another application density less than six units per acre as well as reguiding of the site. He stated they would be concerned if the Council studies this site, as it could delay the process. Mayor Johnson stated rezoning would involve a public hearing rather than a study. Community Development Director Hurlburt added that the rezoning hearing could possibly be held by the end of the year. She stated that if the City initiates the rezoning process, and the City completes it, the rezoning request wouldn't need to be part of the Gleasons' request. Councilmember Stein questioned why the City would go through the rezoning process if there would be a future application for rezoning. He stated he wouldn't be supporting the motion. Councilmember Willis suggested this item be tabled until November 29, and at that meeting, the Council could hear from Community Development Director Hurlburt and the Gleasons to see if the housing and density issues have been resolved. Motion was made by Councilmember Willis, and seconded by Councilmember Stein, to table this item to November 29. Community Development Director Hurlburt stated that due to the upcoming holiday, the time constraints would be difficult for staff. Therefore, she suggested the Council table this item to December 13. Councilmembers Willis and Stein withdrew the above motion and Substitute Motion was made by Councilmembers Willis and Slavik to postpone this item to December 13. With all members voting in favor, the motion carried. 8.3) Setting Future Study Sessions Adopted Council Minutes Regular Meeting of November 8, 2005 Page 8 of 8 Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe, to schedule a Special Meeting on November 29 at 5:30 p.m. for the purpose of discussing board and commission vacancies and to schedule a Special Meeting on January 17, 2006 at 6:00 p.m. to interview applicants. With all members voting in favor, the motion carried. Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe, to add uses of the Hilde Performance Center to the November 29 Special Meeting agenda. With all members voting in favor, the motion carried. Motion was made by M kyor Johnson, and seconded by Councilmember Bildsoe, to schedule a Special Meeting on January 24 at 5:30 p.m. for the City Manager's annual evaluation/update. With all members voting in favor, the motion carried. Reports and Staff Recommendations There were no Reports and Staff Recommendations. Adiournment Mayor Johnson declared the meeting adjourned at approximately 10:00 p.m. Sandra R. Paulson, City Clerk