HomeMy WebLinkAboutCity Council Minutes 04-08-2014Adopted Minutes
Regular City Council Meeting
April 8, 2014
Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 6:55 p.m. in the
Council Chambers of City Hall, 3400 Plymouth Boulevard, on April 8, 2014.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Bildsoe, Johnson, Prom, Stein, Willis,
and Wosje.
ABSENT: None.
STAFF PRESENT: City Manager Callister, City Attorney Knutson, Recreation Manager
Michaud, Community Development Director Juetten, Public Works Director Cote, Parks and
Recreation Director Evans, Senior Planner Drill, Police Chief Goldstein, and Administrative
Services Director Fischer.
Plymouth Forum
Terrie Christian, 9910 South Shore Drive, approached the Council regarding the property at 9909
South Shore Drive and stated that for many years water has been running from this property over
into the park and across South Shore Drive. She presented several photographs of the property
and surrounding area taken on April 2nd and after the recent snowstorm and stated that the
runoff from melting snow was carried all the way across the trail. She stated this has happened
many times over the years and she recently learned that the rain garden in this area is not
intended to address runoff from the property but is intended to take care of runoff from the road.
She urged the Council to address the flooding issues and to consider options for treating the
runoff from this property before going into Medicine Lake.
Mayor Slavik requested that staff provide the Council with a recommendation to address Ms.
Christian's concerns.
Presentations and Public Information Announcements
4.01) Announce Yard and Garden Expo on April 11-12
Recreation Manager Michaud announced the Yard and Garden Expo on April 11-12 at Plymouth
Creek Center. She stated the Expo is a fundraiser with a $5 entry fee used for continued
improvements at the Millennium Garden and will feature a flower boutique and eco -learning
center followed by a plant sale on Saturday. She indicated there would also be a free kids'
environmental fair on Saturday featuring the Minnesota Zoomobile and U of M Raptor Center.
Adopted Minutes 1 of 9 Regular Meeting of April 8, 2014
Approval of As;enda
Mayor Slavik added Plymouth Ice Center Dry Land Training Facility and Fernbrook Lane
culvert failure under General Business as item No's. 8.04 and 8.05 respectively.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to approve
the amended agenda. With all members voting in favor, the motion carried.
Consent Agenda
By request of Councilmember Stein, item 6.04 was removed from the Consent Agenda and
placed under General Business as item No. 8.06.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to adopt
the amended Consent Agenda that included the followingitems:
6.01) City Council meeting minutes from March 25, 2014.
6.02) Resolution Approving Disbursements ending March 29, 2014 (Res2014-103
6.03) Resolution Approving Final Plat for "Spring Meadows P Addition" located at the
northeast corner of Dunkirk Lane and 54th Avenue (2014014-F) (Res2014-104.
6.04) This item was removed from the Consent Agenda and placed under General Business as
item No. 8.06.
6.05) Resolution to Receive the Bass Lake Watershed Water Quality Improvement Study and
Authorize a Request for Proposals for Design of an Alum Treatment Facility to Benefit Bass
Lake (10231 — Res2014-105).
6.06) Resolution Accepting Donation of Permanent Easement for Street, Drainage, and Utility
Purposes (Res2014-106).
6.07) Resolution Approving a Contract with Hennepin County for Assessing Services in 2015
and 2016 (Res2014-107).
With all members voting in favor, the motion carried.
Public Hearings
7.01) Public Hearing on Wine and On -Sale 3.2 Liquor Applications of Srisainavram Inc.,
d/b/a Bawarchi Indian Cuisine, 187 Cheshire Lane North
Adopted Minutes 2 of 9 Regular Meeting of April 8, 2014
Administrative Services Director Fischer reported on applications received for an on -sale wine
and 3.2 liquor license from Bawarchi Indian Cuisine located at 187 Cheshire Lane North.
Mayor Slavik opened the public hearing.
Mayor Slavik closed the public hearing.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to
adopt a Resolution Approving On -Sale Wine and 3.2 Liquor License for Srisainavram, Inc.,
d/b/a Bawarchi Indian Cuisine, 187 Cheshire Lane North (Res2014-108). With all members
voting in favor, the motion carried.
General Business
8.01) Site Plan and Variance for a New Office Building for Property located at the
Southwest Corner of Schmidt Lake Road and Highway 169 (2013098)
Senior Planner Drill presented the site plan and setback variance request for a new office
building on the southwest corner of Schmidt Lake Road and Highway 169. He stated that access
to the site is through a shared driveway in front of the Holiday building and ponding would occur
in the existing pond south of Holiday. He stated that the setback variance is requested along the
east side in an area of the southbound on-ramp to Highway 169 and the site plan complies with
all other City regulations and requirements.
Motion was made by Councilmember Stein, and seconded by Councilmember Wosje, to adopt a
Resolution Approving a Site Plan and Variance for United Properties for a New Office Building
for Property located at the Southwest Corner of Schmidt Lake Road and Highway 169 (2013098)
Res2014-109). With all members voting in favor, the motion carried.
8.02) Rezoning, Preliminary Plat, and Variance for "Rose Garden" located south of
Highway 55 and west of County Road 101 (Landform Professional Services — 2014007)
Senior Planner Drill explained this site is guided LA2 and is zoned FRD Future Restricted
Development and approximately half of the site is taken by wetlands and a wetlands buffer. He
stated the proposal includes rezoning to multi family 2 and a Preliminary Plat for 22 dwellings
and 11 two -unit townhome buildings and a variance to allow private access on future Hamel
Road that is classified as a major collector road. He presented the site plan depicting townhome
buildings as well as the private drive system, ponding area and retention basin.
Councilmember Johnson asked if staff considered whether it is necessary to keep the frontage
road denoted as a major collector road and questioned whether it is going to serve that area as a
frontage road even though it requires weaving around the new Park Nicollet building.
Adopted Minutes 3 of 9 Regular Meeting of April 8, 2014
Senior Planner Drill replied that staff reviewed this during the last Comprehensive Plan update
and even though it would have lower traffic volumes and serve as a minor collector, it would
serve as a frontage road from Hamel to 101 and a backage road around the Park Nicollet site.
Councilmember Johnson questioned the need for discussion about where this development might
be going and how that road is going to function and whether this might be an opportunity to scale
it down to the next level.
Senior Planner Drill indicated the road is being built less than the normal standard for a major
collector and includes a 50' right of way and a 28' wide street instead of 32'.
Councilmember Willis stated the site plan shows this road taking a little different alignment and
goes further down to the south and east to the point where the medical facility is going to be and
is not going to be a major collector but is going to be an important connection point to get on the
south side of 55. He felt there might be some benefit to having Hamel Road go further to the
south and east along the south side of Highway 55 and then turn southerly towards the Park
Nicollet facility, adding he has had some conversations with staff and asked if there was any
interest on the part of the Council to have a further discussion about this alignment, adding this
would provide a potential opportunity for the developer to move the development slightly to the
east and use up the balance of the property and might help them address some of the wetland
issues and result in a better overall development.
Councilmember Johnson agreed with Councilmember Willis and stated she would be interested
in further discussing the road alignment.
Councilmember Stein asked if there is visitor parking provided on site.
Senior Planner Drill replied visitor parking is included as one of the conditions in the resolution
and the ordinance specifies half a spot per unit.
Kendra Lindahl, Landform Professional Services representing SVK Development, appeared
before the Council and introduced Mr. Scott Kevitt and Mr. Mike Kevitt from SVK
Development and Mr. Reid Schultz, the designer of the project. She stated this is a challenging
site and they have worked hard with City staff along with the neighbors and Park Nicollet to
ensure compliance with the ordinance standards. She advised they reached a verbal agreement
today with the adjacent landowners to purchase the triangle parcel and they are working to put
together a concept plan that can make that remnant parcel part of this development and creating a
better road alignment. She indicated their agreement with the landowners is contingent on
realigning that road and having 24 units to pay for the additional road right of way, adding that
they believe they can come up with a solution that will work for all parties and addresses the
Council's concerns. She acknowledged that the concept plan does not show all the parking
required on the site and those details will be worked out and they are committed to return in short
order if the road alignment and concept plan are approved.
Mayor Slavik expressed concern about the private drive and stated the Council has struggled
with that concept in the past, adding she would not support the proposed development because of
Adopted Minutes 4 of 9 Regular Meeting of April 8, 2014
the private drive. She indicated there are private drives in other areas of the City where the
homeowners association desires the City to take over the roads because they were not
constructed properly resulting in the roads falling back onto the taxpayers and she did not want
to saddle a future Council with having to reconstruct these roads in the future. She requested that
the Council have a separate discussion about allowing private roads in the Ordinance. She also
expressed concern about the homeowners association requirement that all homeowners are
required to park their vehicles in their garages and not store anything that would prevent vehicle
parking in their garages, adding she did not think it was fair to put the City in the middle of that
and it was also not fair to future property owners when a property turns over. She stated if there
is not adequate parking and storage, then there are too many units on the site and the developer
should appropriately size the development to allow adequate parking and she did not think that
half a spot per unit was adequate.
John Mastley, representing the Mel Mastley Estate, stated they have been talking with SVK
about this new road concept and combining the properties and stated if SVK cannot put 24 units
on the site, then they do not have a deal.
Larry Tolle, 4429 Urbandale Court, stated his main concern has to do with the extra traffic
generated by adding 22 homes on this site and another development to the west of him that will
add 50 homes. He stated he was hopeful that the City could come up with a solution for the
frontage road to alleviate some of the traffic in this area.
Councilmember Johnson questioned whether the frontage road needs to be a frontage road or
whether there was some way to provide better access to the homes. She acknowledged the
private drive might not be ideal but was open to the idea of having a private drive in this area.
She noted that all these taxpayers are paying property taxes that pay for public roads and they do
not get the benefit of public road services because they have to pay for their private drive
through HOA fees and they are subsidizing the streets in the City. She stated she appreciated
what the estate was doing to work with the developer and urged the Council to verbally indicate
what direction it wanted to go before taking a vote, adding she did not want to approve
something the Council is not comfortable with.
Scott Kevitt, SVK Development, stated they have an excavation company and they would be
doing the streets in this development, adding that all units they have done in the past have been
solidly built with all work done in-house.
Mayor Slavik requested further information about the wetlands and the Planning Commission
comment that some of the units are being pushed further into the wetland area
Senior Planner Drill explained that the comment was made that these buildings were filling the
wetland to create the buffer around the back of the building but it appears they addressed that by
moving units 15 and 16 away from the wetland.
Ms. Lindahl stated this property has to be rezoned and go through the public hearing process,
which is why they are asking for approval of the preliminary plat that staff and the Planning
Commission recommended, with the next step being the TEP panel to discuss sequencing
Adopted Minutes 5 of 9 Regular Meeting of April 8, 2014
flexibility for units 15 and 16 and that would come to the Council in May. She stated they still
have work to do with staff on the wetlands and come back to the Council for approval of the
final plat and the approval tonight means that Park Nicollet can work on their alternate utility
plan and any delay means that Park Nicollet would have to go back to their old plan.
Councilmember Johnson indicated this Council has considered preliminary plats in the past and
worked to change them at the meeting and asked if SVK was open to changing the southeast
corner on the plat tonight.
Ms. Lindahl replied they were open to having that discussion.
Motion was made by Councilmember Prom, and seconded by Mayor Slavik, to table City
Council action on this matter until April 22, 2014.
Councilmember Johnson felt it was important to keep moving on this item because Park Nicollet
has a great opportunity to do something here with their utilities and she did not want to see that
opportunity lost because it will help them save money and it would be better in the long run for
those utility alignments and she would like to preserve that opportunity.
Mayor Slavik agreed but did not feel that tabling this item would injure Park Nicollet.
Councilmember Prom felt that the Council should have everything on the table before taking
action.
Motion was made by Councilmember Johnson to suspend the rules as it relates to the motion on
the floor. This motion failedfor lack of a second.
Community Development Director Juetten pointed out that they would have to start the process
over on the triangle parcel so the earliest the developer could come back is late May or early
June. He explained that the Council could approve the Preliminary Plat as presented this evening
with the condition in the resolution that states the developer has to redesign units 15 and 16 to
avoid the wetlands and if the developer cannot avoid the wetlands, they lose those units and must
decide whether to proceed with building 21 units rather than 22 units.
City Attorney Knutson advised that if the Council approves the Preliminary Plat with conditions,
the developer would come back with a Final Plat that meets those conditions and the City would
have to approve the Final Plat.
Ms. Lindahl stated they could come back to the City Council on April 22nd but would not have
anything further than what was discussed this evening, adding that tabling this matter is a denial
and they would have to go back to the Planning Commission and present a new plan to the City
Council in June.
The Council voted on the motion and with Stein, Bildsoe, Prom, and Slavik voting yes, and
Willis, Johnson, and Wosje voting no, the motion carried.
Adopted Minutes 6 of 9 Regular Meeting of April 8, 2014
8.03) Notice of Vacancy on the Planning Commission
The Council directed staff to not advertise the vacancy on the Planning Commission but contact
the candidates that were interviewed for the recent Ward 4 Council seat to see if any of them are
interested in being on the Planning Commission and report back to the Council.
8.04) Plymouth Ice Center Dry Land Training Facility
Parks and Recreation Director Evans requested that the Council authorize staff to advertise for
bids for the dry land training facility at the Plymouth Ice Center. She stated this is a
private/public partnership between the City, Acceleration Northwest, and Wayzata Youth
Hockey to construct a 7,500 square foot dry land training facility at the Ice Center. She
explained that Acceleration Northwest will lease space from the City and contribute the first full
year of the lease for construction and Wayzata Youth Hockey is contributing $528,000 or 40% of
the overall project cost. She stated if the Council authorizes the construction of the facility after
receiving bids, construction would take place in June -November 2014. She indicated this project
is in the City's 2014 CIP, scheduled at $1,320,000, and the project is being financed with an
internal loan from the field house fund.
Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to adopt
a Resolution Authorizing the Advertisement for Bids for the Plymouth Ice Center Training
Facility 40021 — Res2014-110). With all members voting in favor but Stein, the motion carried.
8.05) Fernbrook Lane Culvert
Public Works Director Cote provided an update on the Fernbrook Lane culvert crossing and
advised that a portion of the roadway has been closed for public safety reasons due to the
structural failure of the culvert. He presented several photographs of the culvert and stated the
culvert was inspected last year with MN/DOT and the inspections did not reveal any of these
problems. He stated that $200,000 is in the 2014 CIP to address holes developing in the bottom
of the culvert but the City does not have funds budgeted to replace the culvert. He requested that
the Council declare an emergency and order staff to proceed with a plan of action to hire a
consultant to design a fix for the culvert. He stated that staff will contact suppliers of concrete
pipe and the City would like to purchase materials on hand and hire a contractor to make the
repairs immediately. He advised that the City has permits underway to permanently replace the
pipe, adding that the DNR has expressed concern about the spawning season and the City has
remedies in place to keep aquatic species out of the immediate area.
Councilmember Bildsoe requested further information about the reasons for the culvert failure
and asked if there is something going on with the soils.
Public Works Director Cote stated that the City will perform forensics on the culvert once it is
removed, adding that staff believes the failure has a lot to do with the age of the culvert and the
fact that it is corrugated metal pipe.
Adopted Minutes 7 of 9 Regular Meeting of April 8, 2014
Mayor Slavik declared an emergency and asked the Council to affirm that emergency and
approve the resolution.
Motion was made by Councilmember Willis, seconded by Councilmember Johnson, to adopt a
Resolution Declaring Emergency to allow the Expedient Repairs of the Failing Culvert under
Fembrook Lane at Plymouth Creek (Res2014-111). With all members voting in favor, the
motion carried.
8.06) Approve Abatement of Hazardous Building at 12125 24th Avenue North
Community Development Director Juetten stated that on December 31, 2013, the house at 12125
24th Avenue North was substantially destroyed by fire. He advised that the City sent a letter on
February 13, 2014, to all owners of record giving them 30 days to remove the building and
nothing happened during that 30 days so the City Attorney prepared an order that will be
delivered to the property owners instructing them that they have five days to construct a fence
around the structure and if that does not happen in five days, the City will put up the fencing; in
addition, the order states that the property owners have 20 days to remove the building and if the
building is not removed, the City Attorney's office will take the order to the courts on the 21 st
day to receive sign -off from the court to allow the City to start the process of hiring a contractor
to demolish the building and assess the cost back to the property owner.
Levi Geinert, 2330 Kirkwood Lane, stated he was concerned about summer weather approaching
and any fumes or toxins coming from this site if there are further delays in removing the
building. He stated they are concerned that at the eleventh hour the property owners will say
they will do something and then 30 days after that nothing is done and they want to make sure
there are no further delays.
Gerald Kegler, 12135 24th Avenue North, presented photographs of the property and thanked
Councilmember Stein and City staff for their responsiveness. He stated the property is an
eyesore and there is an awful smell coming from the property and they are concerned that the
smell might also be toxic. He stated they are increasingly concerned about public safety as the
lack of snow makes it easier for potential trespassing and two boys were recently seen trying to
climb through a window. He stated there is also a ladder propped up against a tree and this is an
invitation for someone to trespass or get injured on the property and requested that a security
fence be placed on the property as soon as possible. He thanked the Council for its attention and
urged prompt resolution of the matter.
Cathy Naborowski, 2335 Kirkwood Lane North, stated she had concerns about the timing of the
order and asked what would happen if the homeowners responded on day 19 by stating they
would fix the property and whether that would stop the clock. She also asked about the City's
process if the property owners do not make a good faith effort to fix the property.
Community Development Director Juetten stated if the property owner walked in on day 20 and
said they want to do the repairs themselves, the City would require them to provide a signed
contract with start and finish dates, as well as proof of payment to a contractor, and that they
have paid for a demolition permit and the permit has been issued.
Adopted Minutes 8 of 9 Regular Meeting of April 8, 2014
City Attorney Knutson advised that the order states the property owner has to complete the work
within 20 days.
Anne Pierce, 12135 24th Avenue North, asked if they or someone from the City can remove the
ladder.
City Attorney Knutson advised that as part of securing the building, the ladder would be
removed after the five-day time period referenced earlier.
Steve Roe, 2405 North Kirkwood Lane North, requested information about the fencing material.
He also thanked the City for being responsive to residents.
Community Development Director Juetten advised that the fence would be a typical snow fence
type material surrounding the property.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt a
Resolution Ordering Securing Abatement and Demolition of a Hazardous Building (Res2014-
112). With all members voting in favor, the motion carried.
Reports and Staff Recommendations
9.01) Legislative Update
City Manager Callister provided a brief legislative update.
Adjournment
Mayor Slavik adjourned the meeting at 8:50 p.m.
40 w -
Sandra R. Engdahl, cUy Clerk
Adopted Minutes 9 of 9 Regular Meeting of April 8, 2014