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HomeMy WebLinkAboutCity Council Minutes 03-14-2017Adopted Minutes Regular City Council Meeting March 14, 2017 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 March 14, 2017. COUNCIL PRESENT: Mayor Slavik, Councilmembers Carroll, Davis, Prom, Johnson, Willis, and Wosje. ABSENT: None. Staff Present: City Manager Callister, Administrative Services Director Fischer, Community Development Director Juetten, Fire Chief Coppa, Deputy Police Chief Plekkenpol, Park and Recreation Director Evans, Deputy Park and Recreation Director Northway, City Engineer Renneberg, Public Safety Director Goldstein, City Attorney Knutson, and City Clerk Engdahl. Plymouth Forum No one was present to address the Council. Presentations and Public Information Announcements (4.01) Recognition to Board and Commission Members The Council recognized and thanked outgoing board and commission members Kira Vanderlan, Councilmember Davis, Gary Goldetsky, Greg Anderson, David Tobelmann, Ginny Black, and Jesse Larson. (4.02) Acceptance of Donations from Plymouth Lions Club for 40 "Home Away" Kits and 80 Tourniquet Kits for the Police Department Deputy Police Chief Plekkenpol reported on the donation of 40 "Home Away Kits" and 80 tourniquet kits from the Plymouth Lions Club. The Council thanked the Plymouth Lions Club for their generous donation. Motion was made by Councilmember Prom and seconded by Councilmember Wosje, to adopt a Resolution Accepting Donation of 40 "Home Away" Kits for Displaced Children from the Plymouth Lions Club (Res2017-090) and a Resolution Accepting Donation of 80 Tourniquet Kits from the Plymouth Lions Club (Res2017-091). With all members voting in favor, the motion carried. Adopted Minutes Page 1 of 8 Regular Meeting of March 14, 2017 Deputy Police Chief Plekkenpol announced the Hennepin County Sheriff Office's "Let's Talk: #Noverdose Drug Abuse Prevention" town hall meeting on March 20 from 7 p.m. -8:30 p.m. at Wayzata High School. Approval of Agenda Motion was made by Councilmember Wosje, and seconded by Councilmember Willis, to approve the agenda. With all members voting in favor, the motion carried. Consent Agenda Motion was made by Councilmember Willis, and seconded by Councilmember Wosje, to adopt the Consent Agenda that included the followingitems: ems: (6.01) Special and Regular Council Meeting minutes of February 28, 2017. (6.02) Resolution Approving Disbursements ending March 4, 2017 (Res2017-092). (6.03) Resolution Approving the Filling of Wetlands and the Wetland Replacement Plan Application for Summers Edge Phase III NW '/ Section 18, TI 18N, R22W (Res2017-093). (6.04) Resolution Approving Final Plat and Development Contract for "Villas at Copper Creek 2nd Addition" for Property located South of Hamel Road and East of Brockton Lane (2017007 — Res2017-094) and a Resolution Adopting Assessment for Water and Sanitary Sewer for "Villas at Copper Creek 2nd Addition" (2017007 — Res2017-095). (6.05) Resolution Approving Final Plat and Development Contract for "Camelot Nine at Begin 2nd Addition" for Property located at the Former Begin Oaks Golf Course Site, 5635 Yucca Lane (2017013 — Res2017-096) and a Resolution Adopting Assessments for Water and Sanitary Sewer for "Camelot Nine at Begin 2nd Addition" (2017013 — Res2017-097). (6.06) Resolution Awarding the Contract for the 2017 Sanitary Sewer Lining Project (SS179001.001— Res2017-098). (6.07) Resolution Approving Right -of -Way Payment for the Vicksburg Lane Reconstruction and Expansion Project (Res2017-099). (6.08) Resolution Authorizing Request for Proposals for an All Flash Storage Array (Res2017- 100). (6.09) Resolution Authorizing the Purchase of Network Storage Array (Res2017-101). (6.10) Resolution Approving Site Plan Amendment for Building and Parking Lot Additions on Property located at 4040 County Road 101 (2017004 - Res2017-102). Adopted Minutes Page 2 of 8 Regular Meeting of March 14, 2017 With all members voting in favor, the motion carried. Public Hearings There were no public hearings. General Business (8.01) Rezoning, Site Plan, and Conditional Use Permit for Construction of a Substation and Related Site Improvements for Property located near the Northwest Quadrant of Interstate 494 and Schmidt Lake Road (Xcel Energy — 2017003) Community Development Director Juetten reported on this item and stated the Planning Commission recommends approval of this application. Tom Hillstrom, Xcel Energy, provided the following information in response to questions from the Council: • The lines shown heading east from Highway 494 represent a conceptual future phase of a project that aren't part of this application. • It's probable there will be future lines down the railroad tracks or Schmidt Lake Road, but a specific route has not been chosen yet. • The lines are designed with sufficient clearances so normal use below the line will not result in an electrical safety hazard. • After studies done over the past 40 years, no relationship has been found between electric magnetic fields (EMFs) and health issues. It's not seen as a risk to where power lines are routed. • EMFs come from all the lines that go through neighborhoods, not just big distribution lines. • Xcel agrees to never upgrade the line they are reenergizing, which runs from Hollydale to the new substation. It's designed to be energized at 69kv and they will not upgrade the voltage. City Attorney Knutson stated a document has been drafted that addresses keeping the new line energized at 69kv and will be signed in conjunction with the purchase. Janet Clarke, 17004 39th Court North, inquired if Xcel Energy had looked at the reroute she requested at the Planning Commission meeting. She submitted a petition regarding the reroute that would run the line where there are fewer houses, and in an area where houses are further away than the proposed route. Motion was made by Councilmember Willis, and seconded by Councilmember Prom, to adopt an Ordinance Amending Chapter 21 Zoning Ordinance) of the City Code to Classify Certain Adopted Minutes Page 3 of 8 Regular Meeting of March 14, 2017 Land located near the Northwest Quadrant of Interstate 494 and Schmidt Lake Road, PID No 10- 118-22-24-009 (2017003 — Ord2017-11), Resolution ApprovingFindings indings of Fact for the Rezoning of Land located Near the Northwest Quadrant of Interstate 494 and Schmidt Lake Road PID No 10-118-22-24-009 (2017003 — Res2017-103), Resolution Approving a Site Plan and Conditional Use Permit for a Substation on Property located Near the Northwest Quadrant of Interstate 494 and Schmidt Lake Road (2017003 — Res2017-104), and a Resolution Approving Summary Publication of Ordinance No. 2017-11 (Res2017-105). With all members voting in favor, the motion carried. (8.02) Approval of Final Plat and Development Contract for "Summers Edge South" located at and near 4240 Brockton Lane North (2017008) Community Development Director Juetten reported on this item. He stated the residents to the north have expressed concern with trees proposed to be removed south of the property line. The developer is proposing to remove 70 percent of the trees from the property, and after houses are built, will add landscaping in addition to what homeowners are required to add. The tree preservation plan was approved with the preliminary plat on May 24, 2016. The preliminary plat and final plat are consistent and staff is recommending approval. He provided the following information in response to questions from the Council: 64% of the trees were removed from Phase I of this project. The trees that are proposed to be removed in Phase II are a mix of trees that include cottonwood, ash, and oak, and there are some that are eight inches are larger. The developer has agreed to buy property from the Busch family which will allow an increase to the size of the proposed park. It will be added as part of this application. Bea Anderson, 2160 Weston Lane, commented she represents the Summers Edge Residents Committee. She expressed concern that by removing the wooded area it will affect habitat and wildlife, natural water quality, and present drainage issues. She presented a petition signed by over 100 people and requested the developer consider modifying the plans to relocate the six lots proposed for this wooded area. Irene Merz, 18855 42nd Place North, requested the Council reconsider a compromise for the proposed plan. Other developments in Plymouth have saved places for wildlife, and plastic swing sets are not a replacement for trees. Studies have shown kids spend more time indoors, and outdoor free play has shown to decrease anxiety in kids and increase emotional and physical wellbeing. Alison Petrie, 18905 42nd Place North, commented on her own experience with replanted trees in her yard. She stated if the proposed replacement trees are replanted based on inches instead of quality or number of trees, in five years there will be no trees left in the neighborhood. John Petrie, 18905 42nd Place North, commented they purchased their lot because of the landscape and were told it would remain. He requested the Council reconsider the decision to approve this neighborhood. Adopted Minutes Page 4 of 8 Regular Meeting of March 14, 2017 Jim Kampa, 18880 42nd Place North, commented after 70 percent of the trees are removed, the remaining tree line will be non-viable and will be lost to old age and storm damage. He requested the Council reconsider the percentage of tree removal. The Council expressed concern with water flow, erosion problems, impacts of run off, and how the removal of the trees will affect it. Community Development Director Juetten and City Engineer Renneberg provided the following information in response to questions from the Council: • Walkouts will be built to accommodate for the eight to ten -foot slope and a swale will be built to take the water to the east to the wetland. • The final plan requires drain tile be included so the underground infrastructure is shown and can be monitored by the City during development. • Phase II will have only one builder. • The drain tile is a six-inch rigid, plastic pipe that will be installed at an appropriate elevation and will included clean -outs. If there are any issues during construction, they can address those issues. • If the pipes become frozen, maintenance crews can flush them out, and this process is called jetting. Some pipes may be on private property, so this would need to be done by the homeowner's association or property owner. There is some ongoing maintenance required. Reid Schulz, representing the developer, provided the following information in response to questions from the Council: • D. Horton will be the only builder for the proposed 52 lots. • There will be a homeowner's association for this phase, but it will be managed separate from Phase I. • The tree removal will allow them to create a swale, which will be on their property with the drain tile. • Drain tile is not modeled for a particular level of rain. However, previously it was a four - inch flexible pipe, but they are now installing a six-inch drain tile which can handle a larger rain event. This, along with the proposed swale, should be able to handle a one - hundred -year event. • A considerable number of trees are being preserved and a trail is being installed. In the early stages of planning, they wanted to dedicate more to the park in the area of the trees, but staff felt it was too much in that area. Therefore, they have purchased the additional Busch property to have a park area in a different part of the development. • If they were to save additional trees, there would be an issue of open lots and maintaining them. It's a challenge to grow vegetation under a thick canopy of trees, and runoff and erosion would increase in this area. With the current configuration, it would be hard to have the trees on private lots and any changes made would push them back into the preliminary plat phase. Adopted Minutes Page 5 of 8 Regular Meeting of March 14, 2017 • Behind the walkout homes of Phase II, they are proposing to almost match the elevation to the existing homes that are part of Phase 1. • There will be a hump between the swale and Phase I and Phase II, and trees will be planted on that hump along the property line. The drain tile will be in the Swale and outside of the root zones of the trees. • There are not covenants that would restrict people from planting in their yards. Park and Recreation Director Evans added the park is preserving trees and there is an abundance of a large wooded area. Currently the park area is five and a half acres, and when the sale is complete, it will be between eight and ten acres. Stephen Merz, 18855 42nd Place North, commented due to his own experience with his developer, he is reluctant to believe that everything discussed will be executed properly. Gary Wallschlager, developer of Summer Gate Development, addressed some of the comments made by the residents of Phase I. He's planning to meet with Mr. Mertz regarding the drain pipe. He stated he installed more expensive six to eight inch trees in Phase I because they wanted big trees in that development. The smaller lots create a problem when the City ordinance requires two trees in the front yard. There is often not enough room when they cannot be planted in the 25 -foot right-of-way and cannot be planted on top of utilities. The homeowner's association has been established, but they are still managing it. Anything that was not installed properly will be repaired by the developer. A discussion was held including language in the development agreement to include the drain tile and the swale in the warranty, and City Attorney Knutson stated that language could be added if the Council desires. Mr. Wallschlager, stated he disagrees in adding that language to the development agreement. He stated as a developer, he has no control over what homeowners do in their yard. Most cities have an ordinance that shows when the builder turns in the "as built," and it shows the property was properly graded according to the approved plans. They did their job as the developer, and the builder should then become responsible since they are digging up the lots to construct the homes. City Attorney Knutson noted under State law, no changes can be made to the approved preliminary plat for one year. Motion was made by Councilmember Johnson adopt a Resolution Approving Final Plat and Development Contract for "Summers Edge South" for Property located at and near 4240 Brockton Lane North and a Resolution Adopting Assessments for Water and Sanitary Sewer for Summers Edge South Addition, and to direct the City Attorney to prepare language in item No. 28 of the development agreement to include the swale and drain tile as part of the warranty. This motion died for a lack of a second. Motion by Councilmember Prom and seconded by Councilmember Willis, to adopt a Resolution Approving roving Final Plat and Development Contract for "Summers Edge South" for Property located at and near 4240 Brockton Lane North (2017008 — Res2017-106) and a Resolution Adopting Adopted Minutes Page 6 of 8 Regular Meeting of March 14, 2017 Assessments for Water and Sanitary Sewer for Summers Edge South Addition (2017008 — Res2017-107). The majority of Council agreed they are concerned with high density neighborhoods that back up to each other. In the future, they will take a closer look at drainage and grading in development applications before preliminary plats are approved. Motion was made by Councilmember Johnson, and seconded by Councilmember Carroll, to table this item to March 28. With Davis, Prom, Willis, and Slavik voting no, and Carroll, Johnson, and Wosje voting yes, the motion failed. The Council voted on the main motion. With all members voting in favor but Johnson, the motion carried. (8.03) Master Plan and Development of Crooked Creek Neighborhood Park (130001.171) Deputy Park and Recreation Director Northway reported on the proposed Crooked Creek Park. The master plan includes trails, hardscape basketball court, shelter, open green space, wooded areas, a bridge, playground, slides, and parking. She provided the following information in response to questions from the Council: • The trees planted will be three to four -inch diameter trees. • The property purchased in relation to agenda item No. 8.02 of tonight's meeting will be developed in Phase 2 of the park. • The bituminous trails are handicap accessible. • The park is in the Capital Improvement Program at a cost of $450,000. Motion was made by Councilmember Carroll, and seconded by Councilmember Prom, to adopt a Resolution Approving the Master Plan and Authorizing Development of Crooked Creek Neighborhood Park (PR130001.171 — Res2017-108). With all members voting in favor, the motion carried. (8.04) Future Study Sessions The Council scheduled a study session on March 28 at 6 p.m. for a transit update and parking ramp concept plan for the Agora development. It was suggested to schedule a study session on May 23 to discuss HOA turnover and stormwater drainage between plats. However, staff will report on March 28 if that date is workable. Reports and Staff Recommendations There were no reports or staff recommendations. Adopted Minutes Page 7 of 8 Regular Meeting of March 14, 2017 Adjournment Mayor Slavik adjourned the Regular Meeting at approximately 9:27 p.m. The City Council then held the quarterly City Manager's update in the Parkers Lake Room. Mayor Slavik, Councilmembers Johnson, Prom, Willis, Carroll, Davis, and Wosje, City Manager Callister, Administrative Services Director Fisher, and Public Safety Director Goldstein were present. Mayor Slavik adjourned the Special Meeting at a proximately 11:00 p.m. andra R. Engdahl,it Clerk Adopted Minutes Page 8 of 8 Regular Meeting of March 14, 2017