HomeMy WebLinkAboutCity Council Minutes 05-09-2017Adopted Minutes
Regular City Council Meeting
May 9, 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 May 9, 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, City Engineer Renneberg, Fire Chief Coppa, Public Safety
Director Goldstein, Park and Recreation Director Evans, City Attorney Knutson, Administrative
Intern Henderson, and City Clerk Engdahl.
Plymouth Forum
There was no one present to address the Council.
Presentations and Public Information Announcements
Mayor Slavik announced the Financial Extra that was in the recent Plymouth Newsletter. She
thanked staff for their work on the budget article and encouraged residents to read it.
Approval of Astenda
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 Auenda
Motion was made by Councilmember Wosje, and seconded by Councilmember Johnson, to
adopt the Consent Agenda that included the following items:
(6.01) Joint Council/HRA Meeting minutes of April 25, 2017.
(6.02) Resolution Approving Disbursements ending April 29, 2017 (Res2017-170).
Adopted Minutes Page 1 of 6 Regular Meeting of May 9, 2017
(6.03) Resolution Approving the Filling of Wetlands and the Wetland Replacement Plan
Application for the Agora Development Section 13, T118N, R22W (Res2017-171).
(6.04) Resolution Approving the Filling of Wetlands and the Wetland Replacement Plan
Application for Meadow Ridge Ponds and the McConn Property Section 6, T118, R22W
(Res2017-172).
(6.05) Resolution Approving Request for Payment No. 2 and Final 2016 Sanitary Sewer Lining
(16009 — Res2017-173).
(6.06) Resolution Approving a Preliminary Plat and Final Plat for Plymouth Hotel Group, LLC
for "Timm Plymouth Addition" for Property located at 3000 Harbor Lane (2017019 - Res2017-
174) and a Resolution Approving Site Plan, Conditional Use Permit and Variances for Plymouth
Hotel Group, LLC for Property located at 3000 Harbor Lane North (2017 — Res2017-175).
(6.07) Resolution to Award the Contract for the CSAH 24 Reconstruction and Expansion and
Mill and Overlay (5122 - Res2017-176).
(6.08) Resolution Authorizing Consent to Termination of Development Contract (2005086F -
Res2017-177).
(6.09) Resolution Authorizing the Mayor and City Clerk to sign the Land Surveyor Certificates
of Correction for Two Plats (2015113-F and 2016009-F - Res2017-178).
(6.10) Resolution Approving a Site Plan Amendment for Removal and Replacement of the
Exterior Lighting for Property located at 9825 56th Avenue North (2017014 - Res2017-179).
With all members voting in favor, the motion carried.
Public Hearings
There were no public hearings.
General Business
(8.01) Final Plat and Development Contract for "Meadow Ridge Ponds" located within the
Wayzata School District (2017016)
Community Development Director Juetten reported the applicant is requesting final plat approval
for the remaining 21 single-family lots on the west side of the preliminary plat. The adjacent
property owner has expressed concern that he or the developer would be required to pay the full
cost of an improved intersection at County Road 47 and the future extension of the roadway
proposed to be stubbed at the west side of Meadow Ridge Ponds. The County has indicated if
the Council approved a full access, only a right turn lane would be needed, and the cost would be
Adopted Minutes Page 2 of 6 Regular Meeting of May 9, 2017
approximately $70,000. The County would also support a permanent secondary emergency
access to County Road 47 in place of a full access, if approved by the Council.
He provided the following information in response to questions from the Council:
• The emergency access should be constructed as far west as possible, but could also be
constructed at the right-of-way access at County Road 47.
• There are turn lanes off of Troy Lane into the development.
Motion was made by Councilmember Willis, and seconded by Councilmember Wosie, to adopt a
Resolution Approving Final Plat for "Meadow Ridge Ponds" for Property located at 18320
County Road 47 (2017016 — Res2017-180) and a Resolution Adopting Assessments for Water
and Sanitary Sewer for "Meadow Ridge Ponds" 2017016 — Res2017-181).
Tom McConn, 18550 County Road 47, expressed concern regarding the stub road coming up to
his property which is west of this development. Potential developers have inquired what the City
will require for the access, and he doesn't feel he should have to pay the full cost for the access.
His land would potentially have six to eight homes, and the proposed development to the east has
67 homes.
City Attorney Knutson advised the Council can discuss potential access and how it affects the
property to the west, but it can't condition the property to the west of the plat that is being
considered for approval.
The Council discussed the option to attach a recommendation to staff that the roadway to the
west would be a cul-de-sac with an emergency access. However, it was pointed out that this plat
will be approved with a temporary cul-de-sac. If the property to the west develops, that is when
the Council can decide what type of access is needed.
Motion was made by Councilmember Johnson, and seconded by Councilmember Carroll, to call
the question. With all members voting in favor, the motion carried.
The Council voted on the main motion and with all members voting in favor, the motion carried.
Motion was made by Councilmember Johnson to direct staff to send a letter to Hennepin County
and the adjacent property owner supporting the proposal for a permanent, second emergency
access instead of a public street connection to the west. This motion died for lack of a second.
Mr. McConn stated he doesn't understand how the Council can approve the wetland credits on
his property, allow the developer of this application to construct a road through his property, and
then not listen to his concerns regarding the access.
The Council advised the wetlands are a separate issue. The Council can't make a decision this
evening regarding access off County Road 47. When a development plan is presented to the City
for the property to the west of this development, Mr. McConn can voice his concerns regarding
the access at that time.
Adopted Minutes Page 3 of 6 Regular Meeting of May 9, 2017
(8.02) Preliminary Plat and Variance for "Garland Meadows" to allow the Subdivision of
a Parcel located at 1415 Garland Lane North (2017010)
Community Development Director Juetten reported on the application to subdivide a 0.83 -acre
parcel and variance request to create a lot that doesn't meet area requirements in the RSF-1
Zoning District. The Planning Commission recommends denial of this request.
He provided the following information in response to questions from the Council:
• Regarding the areas of the subdivided lots, one would be 21,000 square feet and not
require a variance. The other lot would be 48 square feet less than the requirement and
would require a variance.
• The high-water elevation of the wetland is based on the estimated high water in a 100 -
year event.
• Staff recommended approval and determined that economic benefit was not the only
reason for the requested variance. However, there are some members of the Planning
Commission that feel the variance shouldn't be granted because there is economic benefit
to the applicant.
Ken Heyda, applicant, stated the size of the home built is determined by the cost of the lots. If
he can split the lots, he can build two more affordable homes, keep in line with what is already in
the neighborhood, remain consistent with the comprehensive plan, and make just as much money
than if he were to build one larger home. There is a demand in southern Plymouth for new
construction and homes in the $500,000 range. Across the street from his lot, there is an
undersized lot, and his lot is the only lot in that area that can be split because it has access. The
grade of the lot will not change and the water will drain west to the wetlands.
Mr. Heyda provided the following information in response to questions from the Council:
There are three other houses in the neighborhood in the $400,000 to $600,000 range. The
homes he proposes to build would be in line with what is already in the neighborhood.
He was never asked by the Planning Commission if the variance request was for
economic gain. He would rather build two houses than one for the reasons he stated
above.
He plans to build on the existing foundation of the current house, and build a second new
house. No trees will be affected on the lot to the east, and one apple tree will have to be
moved and replanted on the lot to the west.
Corvin Anderson, 1320 Garland Lane North, commented he is opposed to splitting the lot.
Without the split, the yards will be larger and the houses will remain further apart.
Diane Krump, 1410 Garland Lane North, commented some people who signed the petition
opposing the lot split were told by the City they couldn't divide their own lots because they were
too small. The property across the street that has a small lot did not require a variance. The
people who move into the neighborhood want larger lots. If the developer builds a larger home
Adopted Minutes Page 4 of 6 Regular Meeting of May 9, 2017
on one lot, it will not fit into the neighborhood. The house next door is Section 8 housing, and
there are five rental homes on that street. Only one of the five criteria to meet this Zoning
Ordinance variance is met with this request, and all five are required to be met.
The Council discussed how two smaller homes may fit better into the neighborhood, but the
requirements of the variance request are not met. There is no unique hardship to the lot, a house
can be built on it whether it is subdivided or not, and they do not want to set a precedent for
dividing lots in this area.
Motion was made by Mayor Slavik, and seconded by Councilmember Willis to adopt a
Resolution Den dung a Request for a Preliminary Plat and Variance to Create an Undersized Lot
for Property located at 1415 Garland Lane North and Adopt Findings of Fact (2017010 —
Res2017-182). With all members voting in favor but Councilmember Prom, the motion carried.
(8.03) Denial of Variance to Allow a Secondary Accessory Building over 120 Square Feet
in Area and 28 Feet in Height for Property located at 4130 Juneau Lane (Matthew Dunn —
2017022)
Community Development Director Juetten reported the applicant is requesting a variance to
allow a second accessory building over 120 square feet in area and 28 feet in height where 15
feet is required. The applicant did contact the City prior to construction, and staff should have
asked more questions about it. The Zoning Ordinance doesn't include regulations on treehouses,
but staff is currently working on a definition. The Planning Commission voted to recommend
denial of the variance, but struggled because the applicant did his due diligence by contacting the
City, and there are no treehouse regulations in the Zoning Ordinance.
After discussion, the Council agreed the applicant contacted the City and was told there were no
regulations regarding treehouses. The majority of the Council doesn't support denial of the
variance and directed staff to prepare findings of fact for approval of the variance. Other issues
discussed were whether this should be considered a secondary accessory structure, the definition
of living quarters, and how this structure violates the Zoning Ordinance regarding its height.
City Attorney Knutson stated any use that isn't permitted in the Zoning Ordinance isn't allowed.
He isn't aware of other cities that have regulations specifically for treehouses and they're
considered an accessory structure.
Community Development Director Juetten stated the tree is wired for electricity and could be
connected. They would like to include conditions in the variance application requiring an
electrical inspection, a walk through to make sure the railings and other things meeting building
code, and request an engineering report to make sure it is structurally sound.
Matt Dunn, applicant, thanked the Council and staff for helping him through this process. He
commented he is embarrassed for the misunderstanding with City staff and has always tried to
follow rules with his projects.
Adopted Minutes Page 5 of 6 Regular Meeting of May 9, 2017
Robert Tucker, 14550 41 st Avenue North, commented the work the applicant has done to the
property is amazing. They are fortunate to be in a wooded area and the treehouse looks great.
They support granting the variance to keep the structure there.
Motion was made by Mayor Slavik, and seconded by Councilmember Johnson, to direct staff to
prepare findings of fact for approval of Variances for an Accessory Building at 4130 Juneau
Lane (Matthew Dunn - 2017022) for the May 23 Council meeting and continue to work with the
applicant to make sure code requirements are met. With all members voting in favor but
Councilmember Willis, the motion carried.
Reports and Staff Recommendations
There were no reports or staff recommendations.
Adjournment
Mayor Slavik adjourned the meeting at 8:58 p.m.
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Sandra R. Engdahl, COClerk
Adopted Minutes Page 6 of 6 Regular Meeting of May 9, 2017