HomeMy WebLinkAboutCity Council Minutes 07-22-2014Adopted Minutes
Regular City Council Meeting
July 22, 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 June 22, 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, Public Works
Director Cote, Fire Chief Kline, Police Chief Goldstein, Finance Manager Bursheim, Senior
Planner Drill, City Attorney Knutson, and City Clerk Engdahl.
Plymouth Forum
Mary and Scott Rollins, 10705 50th Avenue North, addressed Council regarding a fountain
installed in a shared drainage pond by Rick and Kim Timmers at 10715 50th Avenue. They and
the other neighbors do not like the noise that the fountain makes and the Timmers are unwilling
to compromise on the hours of operation. Terry Carlson, 4940 Valley Forge Lane, presented a
letter signed by the neighbors. They are requesting there be an annual permit process for
fountain use in shared ponds similar to the City of Bloomington.
Mayor Slavik directed staff to prepare a report on whether the City of Bloomington's ordinance
would work for Plymouth. The Council will review staff findings and possible schedule a study
session or bring the ordinance forward.
Presentations and Public Information Announcements
4.01) Announcement of "Night to Unite" on August 5
Police Chief Goldstein am-iounced "Night to Unite" on August 5 to showcase the City of
Plymouth and the neighborhoods within in it. Mayor Slavik read the proclamation.
4.02) Announcement of Senator Ann Rest as League of Minnesota Cities Legislator of
Distinction for 2014
Mayor Slavik amlounced that Senator Ann Rest received the Minnesota Cities Legislator of
Distinction award for 2014. She thanked Senator Rest for being a great advocate for the City.
Adopted Minutes Page 1 Regular Meeting of July 22, 2014
Approval of Agenda
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson to
approve the a e nda. With all members voting in favor, the motion carried.
Consent Agenda
By request of Councilmember Willis, item No. 6.08 was removed and placed under General
Business as item No. 8.02.
Motion was made by Councilmember Willis, and seconded by Councilmember Johnson to adopt
the Consent Agenda that included the following items:
6.01) Approve proposed City Council Minutes.
6.02) Approve disbursements (Res2014-231).
6.03) Award Contract and Approve Supplemental Agreement No. 1 for Peony Lane North of
Schmidt Lake Road (100 15 — Res2014-232).
6.04) Approve Joint Powers Agreement with the City of Medina for the Edge Mill and Overlay
of Brockton Lane from CSAH 24 to 24th Avenue (Res20W-233).
6.05) Approve Plans and Specifications and order Advertisement for Bids for Deerhaven
Retaining Wall Project (14017—Res2014-234).
6.06) Approve the 400 Project Cost Share Agreement for 2670 East Medicine Lake Boulevard
Res2014-235).
6.07) Approve Plans and Specifications and order Advertisement for Bids for 2014 Park Trail
Project (14003 — Res2014-236).
6.08) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.05).
6.09) Approve Conditional Use Permit to allow up to 25% retail in industrial building at 14100
23rd Avenue (2014047 — Res2014-237).
6.10) Approve Final Plan for Serenity on the Greenway Addition (2014018F — Res2014-238,
Res2014-239).
6.11) Approve Filling of Wetlands and the Wetland Replacement Application for the Serenity
on the Greenway Addition (2014018 — Res2014-240).
Adopted Minutes Page 2 Regular Meeting of July 22, 2014
6.12) Approve Termination and Release of Rain Garden Agreement and Easement within Lot 2
and 3, Block 1, Epiphany Second Addition (Res2014-241).
6.13) Approve Amendment to the Property Exchange Agreement Between the City of Plymouth
and Pulte Homes of Minnesota, LLC (Res2014-242).
6.14) Approve a Variance to Allow an Eight Foot Fence in a Front Yard for Property Located at
9700 13th Avenue North (2014048 — Res2014-243).
With all members voting in favor, the motion carried.
Public Hearings
7.01) Use of Community Improvement Funds for the Construction of the Hilde
Performance Center (Phase 2) and Veterans Memorial (40011)
Park and Recreation Director Evans reported on the projects. Phase 2 is located between the
Plymouth City Hall and Lifetime Fitness. The first phase was completed in 2008. Phase 2
includes the enhancements to the north entrance, a new central trail going through the
performance center, a reader board with exposure on Plymouth Blvd, a Veterans' Memorial off
of the City Hall parking lot, a pond plaza and trails to make connection around the perimeter of
the Hilde, and a restroom facility. In April, staff was authorized to prepare the plans. Bids were
advertised in May. They received five bids with the low bidder being Custom Builders at
1,197,059. The total project cost is $1,480,000, which is $80,000 over the estimate due to
timing and business climate. The funding source would the community improvement fund. If
this item is approved, they would begin construction this week, and it would be complete by May
of 2015.
Mayor Slavik opened the public hearing.
Mayor Slavik closed the public hearing.
Motion was made by Councilmember Bildsoe and seconded by Councilmember Willis to allow
Use of Community Improvement Funds for the Construction of the Hilde Performance Center
phase 2) and Veterans' Memorial and a Resolution Awarding Contract for the Construction of
the Hilde Performance Center (Phase 2) and Veterans Memorial (40011 — Res2014-244). With
all members voting in favor, the motion carried.
General Business
8.01) Rezoning and Preliminary Plat approval of the Plymouth Preserve
Manley Development, LLC — 2014010)
Adopted Minutes Page 3 Regular Meeting of July 22, 2014
Senior Planner Drill reported on the proposed applications. He stated the site has approximately
15 acres located on the east side of Vicksburg Lane north of the railroad tracks. The applicant is
requesting to rezone the site from FRD to RSF3. The plat would allow for 27 single family lots.
Ranchview Lane would be extended into Taylor Creek 4th Addition. The Planning Commission
recommended approval subject to traffic analysis. The analysis was done and it concluded that
the roads can handle the traffic.
Councilmember Willis asked if the wetlands were the reason for there not being access onto Juno
Lane. Senior Planner Drill replied the only access will be on 55th Avenue as the area is
somewhat landlocked.
Councilmember Johnson asked what the accesses would be for the future developments. Senior
Planner Drill replied there would be an emergency access constructed, but that location has not
been determined yet. Timing is an issue with this development, but development is starting to
happen and they have made provisions for providing the best access they can given the time
constraints.
Kevin Manley, applicant, illustrated the proposed plans and accesses. The emergency access is
not completely figured out yet. They will have oversized wooded lots and the price range will be
700,000 to $1 million. The traffic will come through three different neighborhoods before
getting to Terrace View. He understands that change is hard for the residents in the area, but the
property is guided for single family homes. The traffic study was done and it came in at 1,200
trips a day and the guidelines are 1,500 trips, which is not just for these lots, but the entire area.
John Rose, builder, advised the homes would be 3,300 to 4,000 square feet not including the
lower level. Most of the homes would be approaching $1 million. .
Councilmember Johnson inquired if there would be any noise abatement due to the close
proximity of the railroad tracks. Mr. Rose replied the tracks are quite a distance away with trees
and wetland between the homes and the tracks.
Kiersten Schroeder, 15705 54th Avenue North, stated she is concerned about the safety of her
children and adding additional traffic. She was confused about the traffic study and did not think
it was conducted at the right time as school was out and families were on vacation.
William Schultz, 15815 55th Avenue North, addressed the timing of this development. He would
like to see the development happen when all the property is ready to develop and there would be
additional roads and accesses. He stated the traffic is already heavy at 55th Avenue and
Vicksburg Lane. He requested the roads be constructed before the development goes in.
Public Works Director Cote advised the majority of the construction traffic would be coining
onto 55t" Avenue, but some may be on Juno Lane. They are looking at how they will be phasing
the construction of Vicksburg Lane. They may break it up into three pieces so there is always
access to 55th Avenue.
Jason Hooper, 5320 Terrace View Lane North, voiced his opposition to the development and
presented a petition with 61 signatures that represent 53 of the 56 homes. There were
Adopted Minutes Page 4 Regular Meeting of July 22, 2014
approximately 35 concerned homeowners that attended a neighborhood meeting. The future
developments are the main concern and how they will impact the safety, property values, and
character of the neighborhood. He raised concerns about blind corners in the neighborhood. He
feels the character of this neighborhood will be different from Taylor Creek.
Keith Cook, 5510 Upland Lane, stated the only access for this development is at 55th Avenue
and Vicksburg Lane, which already is a dangerous intersection.
Mayor Slavik addressed the comments from the residents. She stated that curvy roads help to
slow traffic and the entire Taylor Creek development has sidewalks. The traffic study showed
that speeding was not an issue in the area. The Police Department will do some concentrated
enforcement. Police Chief Goldstein added that last year they did a study in the area and there
were not significant violations. They will be putting up the speed trailer in the area. The
residential speed limit is 30 mph.
Mayor Slavik addressed the timing of the traffic study. She stated it is difficult to get a perfect
snapshot. Some have raised concerns that school was out, but she feels that there are more trips
when children are home during the day and not in school. Councilmember Johnson stated the
timing was not up to the Council as under State law they have 120 days to respond to the
applicant once it comes forward.
Mayor Slavik stated she understand that residents request that roads be put in before
development happens, but that is not possible when there are land owners that do not want to sell
or develop their land. The developers are paying for these roads as they develop the land and if
they put the roads in prior the City and taxpayers would have to pay for them. She stated she
feels strongly that there needs to be two access points to developments. She inquired about the
emergency access location. Public Works Director Cote stated it would have the look of a trail,
but they are not sure where that would go in yet.
Councilmember Bildsoe inquired what type of emergency event would close the access. Police
Chief Goldstein advised there could be a train incident, storm debris, fire or car accident. He
stated one of their biggest assets is their emergency preparedness and they would have
procedures in place for this development.
Mayor Slavik also feels there should be more than one access point. Fire Chief Kline stated that
this development is unique due to the topography and will have some unique challenges.
Councilmember Wosje stated he does not feel an additional access would change the traffic flow
or elevate it as people will likely take the most direct path, which is 55th Avenue.
Councilmember Willis stated he does not think that a single lane road out is not going to work
and there should be turn lanes and a signal. Public Works Director Cote advised that the
outbound lanes could be stripped. He stated that a signal is part of the Vicksburg Lane
improvements and can be put in when the warrants are met.
Curt Manley, applicant, advised that Manley Development did not because the access issues,
they simple would like to be able to develop just like the surrounding neighborhoods. The
Adopted Minutes Page 5 Regular Meeting of July 22, 2014
landowners for this development did not oppose the existing developments when they went in.
He stated they are up against a time crunch to get approval as they have already been delayed
due to the 4th of July holiday and the traffic study. They hope to be built out in a year and a half.
Councilmember Johnson noted the Council has until August 5th to react to the applications.
Councilmember Prom inquired about the properties to the east. Curt Manley advised they would
like to purchase those properties, but they are not certain at this point. There may be a chance of
a joint venture with another developer.
Mr. Cook stated that Taylor Creek did get the go ahead to develop with one entrance, but this
will make the situation even worse.
Mr. Hupert re -addressed the Council on the comment of a possible joint venture. The other
developer, Gonyea Land is here and it is his understanding that there is not a chance of a joint
venture. He also stated a loop system will be required and did not know the status of where that
is at.
Councilmember Willis stated there is no option other than going through Taylor Creels at 55th
Avenue to develop this property. He feels delaying this application would be delaying the
inevitable. Councilmember Wosje agreed.
Motion was made by Councilmember Johnson and Seconded by Mayor Slavilc to Den. the
Rezoning and Preliminary Plat approval of the Plymouth Preserve (Manley Development LLC —
2014010) and direct the City Attorney to prepare findings of fact for the August 12 meeting.
Councilmember Bildsoe asked if this development would speed up the installation of a traffic
signal at 55th Avenue and Vicksburg Lane. Public Works Director Cote replied it would not.
According to the SRF traffic study, it would only be marginally warranted with full development
of this area.
Jake Walsh, Gonyea Development, stated they were going to wait to develop their property until
Vicksburg Lane was completed. In an ideal world they would like to loop the properties with the
Dotseth property. The Dotseths have agreed to provide an easement for access to the
watermain. They do not want to hold up the land sellers, but there is zero chance of a joint
venture with future properties. They will be developing their property at some point in the
future.
Councilmember Johnson stated she doesn't feel this is the best time for this development and
would like see them wait until Vicksburg Lane is done and also see if they can get the Dotseth
property to develop or get an easement over the property as they plan for this whole area.
Mr. Walsh advised he has no opinion on the development and they would do whatever it takes to
get the development done.
Adopted Minutes Page 6 Regular Meeting of July 22, 2014
Margaret Schwantes, 5336 North Vicksburg Lane, stated she is in contract with Manley
Development. She has lived in Plymouth for 36 years. This is the best plan she has ever seen for
developing her property as it does the best job of preserving the trees. The problem on 55th
Avenue is not the problem of Manley Development nor can it be resolved by this
development. Delaying this development will not solve anything.
Dave Hackenmueller, 5364 Vicksburg Lane, also in contract with Manley Development, noted
that if Council is going to wait until Vicksburg Lane will be completed to develop his property,
access to their homes will be completely cut off and the City would need to construct access to
their homes.
Councilmember Johnson inquired what the access plan would be if the development did not
happen. Public Works Director Cote replied that we were going to hold off on planning the
access for those homes until a decision was made on this project. They may have to use the
existing stubbed cul-de-sacs and create shared driveways. Councilmember Johnson stated by law
they can't land lock these properties. The stubbed roads will have to be fed into these properties
if the motion fails.
Mayor Slavik feels this is a premature subdivision. She has been consistent voting against
developments with only one access point and will continue to do so.
The Council voted on the motion. With Prom, Willis, Bildsoe, and Wosje voted no, and Slavik
and Johnson voting yes, the motion failed.
Motion was made by Councilmember Willis, and Seconded by Councilmember Johnson to
adopt an Ordinance Classifying Certain Land located at 5336, 5340 and 5360 Vicksburg Lane
20140 10 — Ord2014-22), Resolution ApprovingFindingsindings of Fact for the Rezoning of Lane
located at 5336, 5340, and 5360 Vicksburg Lane 2014010 — Res2014-245) and a Resolution
Approving; the Preliminary Plat for Manley Development LLC for "Plymouth Preserve" for
Property located at 5336, 5340, and 5360 VicksburgLaneane (2014010 — Res2014-246),
Councilmember Willis stated this development is inevitable and does not see the need to delay
this project.
Councilmember Johnson feels that when the road alignment comes in off of 57th Avenue, then it
would provide a good access point. It is a matter of timing for her.
Councilmember Prom is concerned about increased density to the east in the future, but sees this
as exception to the rule for only one access point.
Councilmember Bildsoe stated the Council has to react to what comes before them, they do not
ask for development. It takes property owners that want to sell to development and that is their
right. He does have concerns about the emergency access, but does support the proposal and
feels it fits in with the neighborhood.
Councilmember Johnson stated timing is everything and they have been planning this part of
Plymouth for 15 years. This development puts pressure on the whole area as it is not ready
Adopted Minutes Page 7 Regular Meeting of July 22, 2014
because the internal roads are not done. The FRD zoning district allows them to wait if they feel
it necessary.
Councilmember Bildsoe stated this property is different as it is landlocked, but he cannot deny it
based on getting access in the future. They have never told a developer to come back in six
months or a year due to timing.
Mayor Slavik stated she feels this isn't the best use of the site, therefore, she will not support the
motion.
The Council voted on the motion and with Prom, Willis, Bildsoe, and Wosje voting yes, and
Slavik and Jolmson voting no, the motion carried.
Councilmember Johnson asked the developer to work with City staff on the emergency access.
Don Clark, 5320 Ranchview Lane, stated there are other solutions to accesses. There could be a
frontage road brought in along the railroad tracks.
8.02) Accept the 2013 Comprehensive Annual Financial Report
Finance Manager Bursheim recommended approval of the 2013 Comprehensive Annual
Financial Report.
Aaron Nielson Malloy, Montague, Karnowski, Radosevich & Co., PA briefly shared opinions
and findings of the report.
Motion was made by Councilmember Bildsoe and seconded by Councilmember Johnson to
adopt a Resolution Accepting the 2013 Comprehensive Annual Financial Report and Audit
Res2014-247). With all members voting in favor, the motion carried.
8.02A) Present a Certificate of Achievement for Financial Reporting
Administrative Services Director Fischer recognized the Finance Division for receiving the
Certificate of Achievement for Financial Reporting for 2012.
8.03) Review 2014 Debt Study
City Manager Callister provided the 2014 debt study.
8.04) Notice of Vacancy on the Housing and Redevelopment Authority
Motion was made by Councilmember Willis and seconded by Councilmember Prom to adopt a
Resolution Appointing Katy Black to the Housing Redevelopment Authority (Res2014-248).
With all members voting in favor, the motion carried.
8.05) Rezoning and PUD General Plan to allow Industrial and Commercial
Uses at 1405 Xenium Lane (City of Plymouth — 2014023)
Adopted Minutes Page 8 Regular Meeting of July 22, 2014
Councilmember Willis expressed concerns with the ingress and egress to the site. There is no
signalization to the south and he feels this would be a potential problem.
Councilmember Johnson stated that she travels north on 61 in the evenings and there is a lot of
back up. People cut through the site to exit by the gas station to avoid the stoplight. They should
do what they can to manage it. When the third lane on 494 is done that may help.
Mayor Slavik advised that TCF did recognize the issue and they would like to utilize public
transit and exploring staggering work shifts.
Motion was made by Councilmember Johnson and Seconded by Councilmember Wosje to adopt
an Ordinance Amending Chapter 21 of the City Code to Classify Certain Land located at 1405
Xenium Lane (2014023 — Ord2014-23) Resolution Approving Findings of Fact for the Rezoning
of Land located at 1405 Xenium Lane (2014023 — Res2014-249) and a Resolution Approving a
PUD General Plan for the City of Plymouth for the Existing Building located at 1405 Xenium
Lane (2014023 — Res2014-250). With all members voting in favor, the motion carried.
Reports and Staff Recommendations
Mayor Slavik announced the I-494 groundbreaking on July 23rd at the Begin Oaks Golf
Course. ,
Adjournment
Mayor Slavik adjourned the meeting at 10:05 p. .
i
andra R. Engdahl, C' Clerk
Adopted Minutes Page 9 Regular Meeting of July 22, 2014