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