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HomeMy WebLinkAboutCity Council Minutes 08-26-2014Adopted Minutes Regular City Council Meeting August 26, 2014 Mayor Slavik 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 August 26, 2014. COUNCIL PRESENT: Mayor Slavik, Councilmembers Bildsoe, Johnson, Prom, Willis, and Wosje. ABSENT: None. Staff Present: City Manager Callister, Administrative Services Director Fischer, Community Development Director Juetten, Park and Recreation Director Evans, Deputy Fire Chief Springer, Police Chief Goldstein, City Attorney Knutson, and City Clerk Engdahl. Plymouth Forum No one addressed the Council. Presentations and Public Information Announcements There were no presentation or public information announcements. Approval of Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson to approve thea enda. With all members voting in favor, the motion carried. Consent Agenda Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe to adopt the Consent Agenda that included the followingi: 6.01) City Council Minutes from the August 12 Regular Council meeting. 6.02) Resolution Approving Disbursements for the Period Ending August 26, 2014 (Res2014- 260). Adopted Minutes 1 of 7 Regular Meeting of August 26, 2014 6.03) Resolution Awarding the Contract for the 2014 Retaining Wall Project (14017 — Res2014-261), Resolution Approving Agreement regarding Cost Sharing for Certain Improvements between Homeowners Association and City of Plymouth with Deerhaven Homeowners Association (Res2014-262). 6.04) Resolution Approving Request for Payment No. 2 and Final for Dunkirk Lane Mill and Overlay Project (13 007 — Res2014-263). 6.05) Resolution Approving an Encroachment Agreement for a Patio within a Drainage and Utility Easement on Lot 2, Block 3, Kingswood Farm, 125 Inland Lane North (Res2014-264). 6.06) Resolution Approving a Variance for Impervious Surface Coverage to allow Construction of a Home Addition by Skyline Design, Inc. for Property located at 1041 Zanzibar Lane 2014069 — Res2014-265). 6.07) Resolution Approving Encroachment Agreement for a Deck on Lot 2, Block 1, Pheasant Trails (Res2014-266). 6.08) Resolution Approving a Final Plat and Development Contract for "Plymouth Reserve" for Property located at 5336, 5340, and 5360 Vicksburg Lane (2014010-F — Res2014-267) and a Resolution Adopting Assessments for Trunk Sanitary Sewer and Water Main for Plymouth Reserve (2014010-F — Res2014-268). 6.09) Resolution Approving a Preliminary Plat for "Serenity on Plymouth Creek" for Property located at 4225 and 4245 Dunkirk Lane (2014050 — Res2014-269). 6.10) Resolution Approving Plans and Specifications, Raw Watermain Replacement between Well No. 4 and Well No. 6 (14033 — Res2014-270). 6.11) Resolution Approving Conditional Use Permit to allow Retail Sales of Asphalt Emulsion on property located at 2601 Niagara Lane (2014056 — Res2014-271). 6.12) Resolution Approving Variance to allow a Six -Foot Privacy Fence at 1125, 1135 and 1205 Nathan Lane (2014062 — Res2014-272). 6.13) Resolution Approving a Final Plat for "Aspen Hollow" located at 5555 to 5735 Dunkirk Lane (20140008F — Res2014-273) and a Resolution Adopting Assessments for Trunk Sanitary Sewer and Watermain for Aspen Hollow (2014008-F — Res2014-274). 6.14) Resolution Approving Amendments to Conditional Use Permits, Variances, and Final Plat for Property located at 18205 45th Avenue (2004051 — Res2014-275). 6.15) Resolution Approving Temporary Liquor License for Church of the Epiphany (Res2014- 276). Adopted Minutes 2 of 7 Regular Meeting of August 26, 2014 With all members voting in favor, the motion carried. Public Hearings 7.01) Tea House Plymouth, Inc. Wine and On -Sale 3.2 Liquor Licenses City Clerk Engdahl reported on the request for wine and on -sale 3.2 liquor licenses for the Tea House Chinese Restaurant at 88 Nathan Lane. Mayor Slavik opened the public hearing. Mayor Slavik declared the public hearing closed. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Wosje to adopt a Resolution Approving Wine and On -Sale 3.2 Liquor Licenses for Tea House Plymouth Inc. d/b/a Tea House Chinese Restaurant at 88 Nathan Lane (Res2014-277). With all members voting in favor, the motion carried. 7.02) Re -conveyance to the State of Minnesota and Reacquisition of Fee Title to Certain Tax -Forfeited Lands and Conveyance of the Tax -Forfeited Lands to Abutting Property Owners Public Works Director Cote reported on the request. Mayor Slavik opened the public hearing. Mayor Slavik closed the public hearing. Motion was made by Councilmember Willis and seconded by Councilmember Wosje to adopta Resolution Directing the Reconveyance to the State of Minnesota and Reacquisition of Fee Title to Certain Tax-Forefeited Lands and Conveyance of the Tax Forfeited Lands to Abutting Property Owner Res2014-278). With all members voting in favor, the motion carried. General Business 8.01) Rezoning and Preliminary Plat for Fretham 24th Addition Community Development Director Juetten reported on this item that was tabled from the August 12 Council meeting. The previous application was to subdivide the property into seven lots and two outlots that could be combined in the future. The applicant had asked if the Council if they would consider a compromise of a revised plat that shows six lots and two outlots that could be combined to the east. Community Development Director Juetten outlined the three options available to the Council: Adopted Minutes 3 of 7 Regular Meeting of August 26, 2014 OPTION 1 Adopt an ordinance and resolutions approving the original proposal, consisting of rezoning to RSF-2 and a preliminary plat for seven single-family lots; or OPTION 2 Granting a resolution approving a revised preliminary plat consisting of six single-family lots, contingent upon rezoning to RSF-2 in conjunction with final platting; or OPTION 3 Granting a resolution denying the rezoning and preliminary plat. Under this option, any future platting application for the site would need to comply with RSF-1 lot standards. Councilmember Wosje inquired how the lot sizes changed when the plat was changed to six lots instead of seven. Community Development Director Juetten replied the lots and outlots were widened. However, the outlots still don't meet the RSF-1 requirements. Councilmember Prom inquired what action would be needed to make the outlots buildable. Community Development Director Juetten replied they would need to come back with a preliminary plat that would include the adjacent property. Councilmember Willis commented he was concerned about the developer acquiring the property to the east as it's possible that property owner may not want to sell in the future. Mayor Slavik noted there is a motion on table to deny the application. A Substitute Motion was made by Councilmember Johnson and seconded by Councilmember Willis, to approve Option No. 2, Resolution Approving a Preliminary Plat for Lakewest Development Company, LLC for "Fretham 24th Addition" for Property located at 617 and 725 Cottonwood Lane, together with the intervening Tax -Forfeited Parcel (2014036 — Res2014-279). Angela Samargia, 618 Cottonwood Lane, stated that without the rezoning they would have two roads running by their home, therefore she supports Option No. 2. Earl Fischer, 18025 County Road 6, note this development affects people's lives and he requested the Council take that into consideration. He feels that seven lots fit better with the neighborhood, but he would support Option No. 2. Donald Jensen, with Lake West Development, discussed the alternative plan. They are responding to the City's Comprehensive Plan, and they looked for places where land could be combined. He requested the Council to approve Option No. 2. Daniel LaFontaine, 11400 5th Avenue North, stated he is also directly impacted by this development. He is strongly opposed to Option No. 2. He showed an alternative proposal by Adopted Minutes 4 of 7 Regular Meeting of August 26, 2014 moving the cul-de-sac. He stated the water runoff will run across his property from this development. Frederick Young, representing Lauren Lindelof-Leith of 610 Cottonwood Lane, stated his client is faced with the problem of having a new house overlook his backyard. He feels approving this plat will be doing a special favor for a non-resident developer. Roy Beacham, 825 Cottonwood Lane, requested the Council deny the application. Brent Liebersbach, 815 Cottonwood Lane, stated he is concerned with the future of his home and questions if he should invest any money into it. He feels the proposed large homes don't fit into the neighborhood. Leonard Lindelof, 620 Cottonwood Lane, stated he's opposed to the application. Peter Samargia, 618 Cottonwood Lane, stated they did what they could to make sure this development stayed a residential single family. They do not want to be in a situation where they have a road directly in front of their house. They support Option No. 2 as it brings stability to the neighborhood. Public Works Director Cote addressed the drainage issues that Mr. LaFontaine mentioned. He stated that the developer has to prove that they can meet the drainage requirements. Councilmember Johnson inquired about the cul-de-sac and road alignment. Community Development Director Juetten advised the final design will come with the final plat. They are pushing the alignment of the road back and as long as it is not creating non -conformities, the road can go in and the City can't deny it. Councilmember Johnson inquired of the developer if they have considered a five lot plat so additional property (another lot) could be added to the Sainargia's property. The applicant, Curt Frethain, replied they looked at a five lot development, but there would be little benefit to them. Councilmember Johnson stated she supports the motion as she is concerned about the impact to the Samargias. Mayor Slavik stated she does not support the motion as she is staying consistent with her previous vote. She feels developers need to work within the constraints of the City's regulations when purchasing property. Councilmember Wosje stated he supports the motion due to decrease the plat to six lots. He is also concerned about the impact to the Samargia's home. Councilmember Willis stated he would support the motion. Adopted Minutes 5 of 7 Regular Meeting of August 26, 2014 Councilmember Prom stated he doesn't support the motion and feels a zoning change should not be made for one home. Councilmember Bildsoe stated he supports the motion. Councilmember Johnson called the question. With Willis, Bildsoe, Johnson, and Wosje voting yes, and Prom and Slavik voting no, the motion carried. The Council voted on the amended main motion and with Willis, Bildsoe, Johnson, and Wosje voting yes, and Prom and Slavik voting no, the motion carried. 8.02) Rezoning, Preliminary Plat and Final Plat for Juneau Ridge Councilmember Willis stated his concern is related to the lot width of 65 feet. He feels the lots should be at least 80 feet wide. This would make the plat less dense by one lot. He urged the Council to reject the plat and have the developer come back with a four lot plat. Councilmember Wosje advised the Willows development is zoned RSF-3 and they have wider lots because of the street curves. Community Development Director Juetten advised that the Willows Development is on the south side of the wetland and lots were pinched in there. About a third of the lots are less than 80 feet and the remainder are over 80 feet. The developer Fred Stelter, 14505 43rd Avenue, stated that one of the issues with the property is the proposed trail corridor that goes through the backyard. They aren't looking for any concessions and this is guided for what they are trying to accomplish. He requested the Council follow what is laid out in the Comprehensive Plan. He stated the homes will be approximately 3,000 square feet. Derrick Girard, 5825 Juneau Lane, advised his house is almost two years old and he has the smallest lot at .75 acres. The house is approximately 5,300 finished square feet not including the basement. His concern is the preservation of the trees and resale. Councilmember Johnson inquired when Mr. Girard purchased his home. Mr. Girard replied last year and he knew that Trillium Woods was going in, but they thought there would be garden homes across the street, not a three story building and generators. His stance now is they would like a little more elbow room and doesn't feel the proposed development blends with his. Motion was by Councilmember Willis, and seconded by Councilmember Prom to direct the applicant to come back with a preliminary plat for 80 foot frontage lots. Councilmember Johnson stated she feels this plat falls within the Comprehensive Plan. The Council voted on the motion, and with Prom, Willis, Wosje, and Slavik voting yes, and Bildsoe and Johnson voting no, the motion carried. Adopted Minutes 6 of 7 Regular Meeting of August 26, 2014 City Attorney Knutson clarified the Council isn't approving or denying the application, but asking it be amended and come back to the Council. Councilmember Bildsoe stated he feels they need to give developers and staff some direction before they come to a Council meeting for a vote. The developers make applications for developments and staff explains the City's requirements. Councilmember Willis stated he feels that 65 foot lot widths are really small for single-family detached homes. The Council can disagree with the request and they may need to give staff some direction on the type of zoning they would like to see in this area. Councilmember Wosje stated he is concerned with resale values in the area. Community Development Director Juetten stated based on this feedback, staff is unsure that they should be telling applicants/developers. Councilmember Johnson stated there needs to be enough density to push sewer lines coming in but at the same time people want trails, playgrounds and wetlands. The way to do that is to compact the neighborhoods. Because the City is over 50 years old, there are many different phases. People still want to live here, so they need to build density even though they are single family detached homes. Mayor Slavik a study session will be held in the future to discuss the Comprehensive Plan and the Council can continue this discussion at that meeting. Reports and Staff Recommendations There were no reports and staff recommendations. Adjournment Mayor Slavik adjourned the meeting at approxi ately 9:33 p.m. andra R. Engdahl, Ci Clerk Adopted Minutes 7 of 7 Regular Meeting of August 26, 2014