HomeMy WebLinkAboutCity Council Minutes 02-27-2018Adopted Minutes
Regular City Council Meeting
February 27, 2018
Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:08 p.m. in the
Council Chambers of City Hall, 3400 Plymouth Boulevard, on February 27, 2018.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Prom, Johnson, Davis, Willis, Wosje,
and Carroll.
Council Absent: None.
Staff Present: City Manager Callister, Administrative Services Director Hokkanen, Economic
Development Manager Landhauser, Community Development Director Juetten, Park and
Recreation Director Evans, Public Works Director Thompson, Fire Chief Coppa, Public Safety
Director Goldstein, Senior Planners Sommers and Drill, Recreation Manager Hemp, Creek
Center Manager Fleck, City Attorney Mattick, and City Clerk Engdahl.
Plymouth Forum
There was no one present to address the Council.
Presentations and Public Information Announcements
(4.01) Recognition to Board and Commission Members
The Council recognized and thanked Terry Donovan and Peter Bartling from the Charter
Commission, Richard Kobussen from the Environmental Quality Committee, Katie Black from
the Housing and Redevelopment Authority, Kipp Wyse from Park and Recreation Advisory
Commission, and Jim Kovach form the Planning Commission for their years of service on these
committees.
(4.02) Legislative Updates (Senators Anderson, Rest and Latz)
The Council received updates from Senators Anderson, Rest, and Latz, and Representative
Carlson. Updates included the County Road 9/Rockford Road bridge and railroad safety
bonding requests, the new 50 -meter pool in New Hope, access to public information, the
Metropolitan Council governance structure and terms, local government control, levy limits, gun
control, and the proposed increase in age to purchase tobacco products.
(4.03) Update from Hennepin County Sheriff Richard Stanek
Adopted Minutes Page 1 of 9 Regular Meeting of February 27, 2018
Hennepin County Sheriff Stanek provided an update to the Council.
Councilmembers indicated an interest in touring the new communications center in Plymouth.
Sheriff Stanek stated his office would work with Public Safety Director Goldstein to schedule a
tour.
Approval of Agenda
Motion was made by Councilmember Wosje, and seconded by Councilmember Carroll to
approve the a eg nda. With all members voting in favor, the motion carried.
Consent Astenda
Motion was made by Councilmember Prom, and seconded by Councilmember Willis to adop
the Consent Agenda that included the followingitems:
ems:
(6.01) Special and Regular City Council Meeting minutes of February 13, 2018.
(6.02) Resolution Approving Disbursements ending February 17, 2018 (Res2018-069).
(6.03) Resolution Approving Final Plat for "Aspen Hollow 3rd Addition" (2018003 - Res2018-
070).
(6.04) Resolution Approving Final Plat and Development Contract for "The Enclave at Elm
Creek 2nd Addition" for Property located North of 54th Avenue and East of County Road 101
(2018002 - Res2018-071) and Resolution Adopting Assessments for Water and Sanitary Sewer
for Enclave at Elm Creek 2nd Addition (2018002 — Res2018-072).
(6.05) Resolution Approving Request for Payment No. 4 and Final 2018 Mill and Overlay
Utility Maintenance — Storm and Sanitary Sewer Project (189004.001 - Res2018-073).
(6.06) Resolution Approving Purchase of One Single Axle Dump Truck and Two Tandem Axle
Dump Trucks with Snow/Ice Control Related Equipment (Res2018-074).
(6.07) Resolution Receiving Engineering Proposals and Designating Consulting Engineer for
the Elm Creek Stream Restoration Project (18011 - Res2018-075).
(6.08) Resolution Approving Termination of Water Quality Pond Maintenance Agreement for
Seven Greens (7695184 - Res2018-076).
(6.09) Resolution Approving Bid for 2018 Street Sweeping Program (18013 - Res2018-077)
(6.10) Resolution Approving Purchase of New Quad Axle Dump Truck Chassis with Hauling
and Towing Equipment (Res2018-078).
Adopted Minutes Page 2 of 9 Regular Meeting of February 27, 2018
(6.11) Resolution Awarding the Contract for the Plymouth Creek Center Rooftop Unit
(Res2018-079).
(6.12) Resolution Accepting Utilities for Continual Maintenance for Creekside Hills (2017001
Res2018-080), Resolution Accepting Utilities for Continual Maintenance for Enclave at Elm
Creek Development Contract (2017068 - Res2018-081), Resolution Accepting Utilities for
Continual Maintenance for Enclave at Elm Creek (2017068 — Res2018-082), Resolution
Accepting Utilities for Continual Maintenance for Summers Edge South (2017008 — Res2018-
083), Resolution Accepting Utilities for Continual Maintenance for Camelot Nine at Begin 2nd
Addition (2017013 — Res2018-084), and Resolution Accepting Utilities for Continual
Maintenance for Camelot Nine at Begin 3rd Addition (2017056 — Res2018-085).
(6.13) Resolution Approving Purchase of Road Salt through the State Cooperative Purchasing
Venture (Res2018-086).
(6.14) Accept Park and Recreation Advisory Commission's 2018 Work Plan.
(6.15) Accept Planning Commission's 2018 Work Plan.
With all members voting in favor, the motion carried.
Public Hearines
(7.01) Public Hearing the Vacation of Drainage and Utility Easement within The Enclave
at Elm Creek
Public Works Director Thompson reported on the proposed vacation.
Mayor Slavik opened the public hearing.
Mayor Slavik closed the public hearing.
Motion was made by Councilmember Willis, and seconded by Councilmember Johnson to ado -t
a Resolution Approving the Vacation of Drainage and Utility Easement within The Enclave at
Elm Creek (Res2018-087). With all members voting in favor, the motion carried.
(7.02) Public Hearing on the Vacation of Drainage and Utility Easements within Oakwood
Square
Public Works Director Thompson reported on the proposed vacation.
Mayor Slavik opened the public hearing.
Mayor Slavik closed the public hearing.
Adopted Minutes Page 3 of 9 Regular Meeting of February 27, 2018
Motion was made by Councilmember Johnson, and seconded by Councilmember Willis to adopt
a Resolution Approving the Vacation of Drainage and Utility Easement within Oakwood Square
(Res2018-088). With all members voting in favor, the motion carried.
General Business
(8.01) Rezoning and Preliminary Plat for Property located at Outlot A, Summers Edge
South and 18740 Medina Road (Summers Edge III — 2017107)
Senior Planner Sommers reported this site is located at the northeast corner of Medina Road and
Brockton Lane. It includes a request for a preliminary plat to create 45 single family lots and to
rezone the site from FRD to RSF-3.
In response to questions from the Council, Senior Planner Sommers, Director of Parks and
Recreation Evans, and Public Works Director Thompson provided the following information:
• The lot adjacent to Medina Road will maintain the remaining landscaping in the area and
there will be an easement for a trail east of that area along Medina Road.
• The trail begins at entrance to the new subdivision and goes to Brockton Lane. The
developer is paying for this segment of trail. Until Brockton Lane gets redeveloped, they
want to be careful what is added to the north and there are interior streets that can be
used.
• They are unsure when Brockton Lane will get completed. It is a border street with the
City of Medina and it would be a joint reconstruction. Staff is concerned that if the trail
is constructed prematurely, it will need to be removed when the road is reconstructed.
• The park dedication fund typically pays for the trail not the developer. This proposal is
unique in that the developer knew they wanted to make a trail connection so that the
neighborhood could get access to Greenwood Elementary and that is why this segment is
part of the plan. The City typically only requires an easement and they are not requiring
a trail any further on Brockton Lane because they do not know how the road is going to
be completed. If a trail is constructed, they would almost be paying to build the road
because they do not have all the right amenities.
• Staff will review the developer agreement regarding their participation in the cost of the
trail but would typically follow the City's Assessment Policy.
• Staff has discussed completing Brockton Lane with the Public Works Director for the
City of Medina and will continue to move forward with more details. They know the road
and pedestrian facilities need improvement and want to do a border project.
The Council expressed concern with the amount of development along Brockton Lane without
plans for a trail. The road is in rough shape and already in desperate need of a trail and should be
considered as part of the development agreement.
Community Development Director Juetten noted this section of Brockton Lane is the last section
to be developed. They did not want to include a trail because they do not know how the road
Adopted Minutes Page 4 of 9 Regular Meeting of February 27, 2018
will be developed. They have an easement and can include a trail later when more is known
about the road. The small section of trail on the south side that the developer has offered to
construct, is being done so because of the internal traffic. The connection on the southeast
corner will be included, and they are also expecting it to be used as a temporary access to the
neighborhood.
The Council expressed concern with the long lot along Medina Road and inquired if there will be
a home owner's association (HOA) in place to maintain that area. That area could be an outlot
and become part of the community amenities. Other members of the Council stated HOA is a bit
much for a small strip of land and suggested it be made into swale with plantings.
Gary Wallschlager, applicant, offered to cut the lot in half and dedicate it to the City to provide
more room for a future trail along Brockton Lane.
The majority of the Council indicated they do not want an outlot for the City to maintain.
Motion was made by Councilmember Willis, and seconded by Councilmember Johnson to adopt
an Ordinance Amending Chapter 21 Zoning Ordinance) of the City Code to Classify Certain
Land located at Outlot A, Summers Edge South and 18740 Medina Road (2017107 — Ord 2018-
03), Resolution Approving Findings of Fact for the Rezoning of Land located at Outlot A
Summers Edge South and 18740 Medina Road (2017107 — Res2018-089) Resolution Approving
a Preliminary Plat for "Summers Edge Phase III" for Property located at Outlot A Summers
Edge and 18740 Medina Road (2017107 — Res2018-090) with additional language that the
developer and staff shall work together to find a proposed solution to the length of the lot
abutting Medina Road, providing that the solution does not require public ownership of the
underl jnng property.
Mr. Wallschlager stated the easiest solution would be to remove the lot, turn it into an outlot and
have it maintained by a HOA.
Motion was made by Councilmember Johnson, and seconded by Councilmember Wosje to
amend the main motion to include item 13 under 4J in the Preliminary Plat Resolution to state
"Lot 6, Block 3 shall include an easement in the favor of the HOA long Medina Road addressing
the HOA's responsibility for the maintenance and replacement of landscaping on the berm." The
Council voted on the amendment and with all members voting in favor but Prom and Davis, the
motion carried.
The Council voted on the amended main motion and with all members voting in favor but Prom
and Davis, the motion carried.
Motion was made by Councilmember Willis, and seconded by Councilmember Prom to adopt a
Resolution Approving Summary Publication of Ordinance No. 2018-03 (Res2018-091). With all
members voting in favor but Davis, the motion carried.
(801A) Public Hearing on the Vacation of Drainage and Utility Easements within Busch
Properties South and Roadway Easement within Summers Edge South
Adopted Minutes Page 5 of 9 Regular Meeting of February 27, 2018
Community Development Director Juetten reported on the proposed vacation.
Mayor Slavik opened the public hearing.
Mayor Slavik closed the public hearing.
Motion was made by Councilmember Willis, and seconded by Councilmember Johnson, to adopt
a Resolution Approving the Vacation of Drainage and Utility Easements within Busch Properties
South and Roadway Easement within Summers Edge South (Res2018-092). With all members
voting in favor, the motion carried.
(8.02) Rezoning and Preliminary Plat for "Plymouth Reserve" for Property located at
5330 Vicksburg Lane (Serenity on the Green, Inc. — 2017105)
Senior Planner Drill reported this eight -acre site is located east of Vicksburg Lane and north of
the Canadian Pacific rail line. The request includes rezoning from FRD to RSF-3 and a
preliminary plat for 13 single-family lots. This would result in a density of 2.1 dwelling units
per acre, which complies with the Comprehensive Plan, and the preliminary plat complies with
all zoning regulations. There is an easement running through the site that provides access to two
homes east of Plymouth Preserve, and this will be maintained until another access is established.
Motion was made by Councilmember Johnson, and seconded by Councilmember Carroll, to
adopt an Ordinance Amending Chapter 21 of the Plymouth City Code to Classify Certain Land
located at 5330 Vicksburg Lane (2017105 - Ord2018-04), Resolution Approvin Findings indings of
Fact for the Rezoning of Land located at 5330 VicksburgLane ane (2017105 - Res2018-093
Resolution Approving Preliminary Plat for Serenity on the Green, Inc. for "Plymouth Reserve"
for Property located at 5330 Vicksburg Lane 2017105 — Res2018-094), and a Resolution
Approving Summary Publication of Ordinance No. 2018-03 (Res2018-095). With all members
voting in favor, the motion carried.
(8.03) Rezoning and Preliminary Plat for "The Woods at Taylor Creek" for Property
located at 5364 and 5370 Vicksburg Lane and Outlot B of Hampton Hills South Plateau
(David Hackenmueller and Tim Hidani — 2017110)
Senior Planner Drill reported this 21 -acre site consists of three parcels. The request includes
rezoning the westerly two parcels to RSF-3 and preliminary plat for 24 single family lots. This
would result in a density of 1.9 dwelling units per acre. This complies with the Comprehensive
Plan because it would result in the preservation of trees and land forms more than a development
with more homes. Due to the railroad tracks, existing wetlands, and Bass Creek, they are unable
to include a secondary access, and a waiver is included in the resolution. The cul-de-sac
turnaround will be larger than a standard size to accommodate a turnaround for full size school
busses.
In response to questions from the Council, Senior Planner Drill provided the following
information:
Adopted Minutes Page 6 of 9 Regular Meeting of February 27, 2018
• Outlot B is currently owned by Traditions Development, who is also the developer of
Hampton Hills. The outlot has continued to be owned by the developer. There is
developable land around it, and they planned to sell it to the new developer. It is not
considered an open space outlot, but rather an outlot for future development.
• If outlot B were excluded, it would shorten the cul-de-sac. However, because there is
developable land there, they must get the street utilities to it.
• They did consider running a connection from outlot B to the street, but it will not work
due to the wetlands.
• The water line would continue down Ranchview Lane and tie into a main to the east. It
will have to cross Bass Creek and some wetlands, which is not uncommon, and will' be
paid for by the developer.
• If this were zoned RSF-2 instead, the lots would be 80 feet wide versus 65 feet wide. It
would result in the loss of seven or eight lots.
The Council expressed concern with the single access, the length of the cul-de-sac, and density
of the site due to its proximity to the railroad and the topography of the site. The outlot could
provide better drainage and an increased buffer for the railroad.
Rick Packer, developer, commented he is willing to table this item to consult with City staff
regarding RSF-2 zoning and property rights that need to further be discussed. He also noted the
City would need to change their Comprehensive Plan'to abide by this zoning change. The
extension of the cul-de-sac to their property was at the request of staff and it makes sense. The
soils are poor near the water main. However, in some areas, they will be boring it for further
stabilization. All the adjacent properties to the west and south drain onto this property, and they
have been burdened to store, treat and infiltrate it.
Motion was made by Councilmember Davis, and seconded by Councilmember Willis, to table
this item to the March 13 Regular City Council Meeting.
David Hackenmueller, 5364 Vicksburg Lane, commented a lot of the site is not rolling as stated.
This would not be the only development in Plymouth with only one access and they have
maintained the private driveway for over 20 years. Whether there are 15 homes or 20 homes, the
length of the driveway is not going to make it more dangerous one way or another. Whenever it
rains, the golf course floods, which did not happen in the past. He has lost a lot of trees and soil
on his property due to erosion from runoff that may not have been considered when Seven
Greens was approved. He feels the City is penalizing him and the other property owner for this
situation.
The Council discussed the road access, and if they must allow it or if it would be considered a
taking because it is developable. The properties have road access today, but it is not public
access. Some Councilmembers noted they are not comfortable placing restrictions on it because
it's at the "tail end" of the development. They also expressed concern with the water issues that
will be assumed in the new development and stated they need to make sure they are not creating
more problems. They also discussed the density of the site. Some members stated they did not
see how requiring less density would benefit the site when it is already below the requirement.
Adopted Minutes Page 7 of 9 Regular Meeting of February 27, 2018
Other members stated larger lots would diminish the density and would have some bearing on
safety due to the proximity to the railroad tracks. It would also provide more opportunity to
address drainage issues on the site.
Public Works Director Thompson stated they have implemented items to the developer's
agreement, such as taking additional escrow and requiring builders to submit as-builts to make
sure they are meeting the grading requirements.
Public Safety Director Goldstein stated the proposed access is a concern but he realizes there
aren't any other options. The ability to access homes in other single access neighborhoods in the
City is much easier than what this proposal presents. The topography is difficult and if the
access was blocked, they would need to come in on foot, which would be difficult in the winter.
Other communities that have similar situations require that the homes be sprinkled.
City Attorney Mattick commented access to a site can be a legal issue. If they do not provide
access and cause a portion to be landlocked, there could potentially be a taking issue. The
property owner would have to prove they have no reasonable use or value to that land, and while
access can be a driver, it does not solely determine it. He would hesitate to say there would be a
taking if they do not get the proposed access because there are many ways to use that property.
It may not be the use the owner desires, or the highest and best use.
Community Development Director Juetten stated the outlot was created by a different developer
and by the way it was created, they do not have access.
City Attorney Mattick noted it factors in as a hardship, but it does not change the outcome.
Access by itself is not the sole determining factor in a taking.
Community Development Director Juetten also noted if they decide not to use the outlot, the
pond would also have to be moved, thus reducing the length of the street by a couple hundred
feet.
The Council suggested the road length and density be reconsidered. They need to take into
account public safety and access as well as the rights of the property owner. The outlot could
become open space for the neighborhood and they need to determine if they are required to bring
a road to the outlot.
There being no further discussion on the motion and with all members voting in favor, the
motion carried.
(8.04) Community Engagement Process and the Hiring of Hammel, Green and
Abrahamson for Potential Renovation and Expansion of the Plymouth Creek Center
Recreation Manager Hemp reported a feasibility study was completed in February 2017 by
Hammel, Green, and Abrahamson (HGA). Staff is requesting authorization to enter into a
community engagement process and hiring of HGA for the renovation and expansion of the
Plymouth Creek Center.
Adopted Minutes Page 8 of 9 Regular Meeting of February 27, 2018
Victor Pechaty, Design Principal at HGA, highlighted other projects they have completed and
reported this proposal is divided into three components: 1)Vision — meeting with staff to fully
understand the goals and guiding principles of the community engagement; 2) Engage — inform
the public of the community engagement goals and engage them through interactive tools and
different communication methods; and, 3) Share — collect and analyze comments and data and
present the findings and recommendations to the Council.
Motion was made by Councilmember Carroll, and seconded by Councilmember Prom to adopt a
Resolution Authorizing a Community Engagement Process and the Hiring of Hammel Green
and Abrahamson for the Potential Expansion and Renovation of the Plymouth Creek Center
(Res2018-096). With all members voting in favor, the motion carried.
Reports and Staff Recommendations
There were no reports and staff recommendations.
Adiournment
Mayor Slavik adjourned the meeting at 9:50 p.m. The Council then conducted a special meeting
to receive a quarterly City Manager's update in the Medicine Lake Room. Mayor Slavik called
the meeting to order at approximately 10:00 p.m. with Councilmembers Johnson, Prom, Willis,
Carroll, Wosje, and Davis, City Manager Callister, and Administrative Services Director
Hokkanen in attendance. Mayor Slavik adjourned this meeting at 11:30 p.m.
14avA&"#
Sandra R. Engdahl, y Clerk
Adopted Minutes Page 9 of 9 Regular Meeting of February 27, 2018