HomeMy WebLinkAboutCity Council Minutes 07-11-2000Adopted Minutes
Regular Council Meeting
July 11, 2000
A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00
p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on July 11, 2000.
COUNCIL PRESENT: Mayor Tierney, Councilmembers Brown, Black, Bildsoe, Slavik,
Johnson, and Harstad.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Public Safety
Director Gerdes, Finance Director Hahn, Community Development Director Hurlburt, Public
Works Director Moore, City Attorney Knutson, and City Clerk Paulson.
Plymouth Forum
No one was present to address the Council.
Presentations and Public Information Announcements
4.1) "National Night Out" Proclamation
Public Safety Education Specialist Cwayna reported on this year's National Night Out which
will be held on August 1. She stated the theme for the event is the eight leading risks that kill or
injure children each year.
4.2) Acceptance of "Crosswalk Grant"
Public Safety Education Specialist Cwayna reported pedestrian and crosswalk safety is a concern
of the citizens; therefore, this was established as a priority of the Council. The Public Safety
Department submitted a grant application for a variety of crosswalk -related public education
activities and was awarded a grant in the amount of $1,450.
Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to adopt
a Resolution Accepting Grant Funding from the Minnesota Safety Council (Res2000-332). With
all members voting in favor, the motion carried.
Adopted City Council Minutes
Regular Meeting of July 11, 2000
Page 2 of 10
Approval of Agenda
Motion was made by Councilmember Black, and seconded by Councilmember Harstad, to
approve the agenda.
Councilmember Harstad illustrated a section of a survey undertaken by the City of Minnetonka
relating to City taxes. He reaffirmed that Plymouth's share of the property taxes are extremely
low, with the City being in second place for the lowest City property taxes of the metropolitan
communities surveyed.
As a point of order, Councilmember Black reminded the Council that this item should've been
added to the agenda rather than being discussed under Approval of Agenda.
There being no further discussion and with all members voting in favor, the motion carried.
Consent Agenda
Mayor Tierney asked if there were any additions, corrections, or deletions to be made to the
Consent Agenda.
Councilmember Harstad requested that item No. 6.05 be placed under General Business as item
No. 8.3.
Councilmember Brown requested that the Council discuss item No. 6.14 before approval of the
Consent Agenda.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to
approve the amended Consent Agenda which included the following items:
6.01) Approve Special City Council Meeting minutes of June 6, 2000, Regular Council
Meeting of June 12, 2000, and Regular Council Meeting of June 27, 2000.
6.02) Resolution Approving Disbursements for the Period ending June 30, 2000 (Res2000-
333).
6.03) Ordinance Amending Chapter XI, Section 1160 of the Plymouth City Code Concerning
Secondhand Goods Dealers (Ord2000-26).
6.04) Resolution Approving Payment No. 7 and Final 1998 Street Reconstruction Project —
Phase II (8001 — Res2000-334).
Adopted City Council Minutes
Regular Meeting of July 11, 2000
Page 3 of 10
6.05) (This item was removed from the agenda and placed as item No. 8.3 under General
Business).
6.06) Resolution Establishing Conditions for Construction of Noise Wall south of Building 5 in
the Plymouth Ponds Development located north of Medina Road, east of Lawndale Lane, and
west of Holly Lane (20038 — Res2000-335).
6.07) Resolution Approving Site Plan Amendment and Conditional Use Permit Amendment for
Hennepin County Property Services for the Parkers Lake Golf Center, 1050 Vicksburg Lane
North (20061— Res2000-336).
6.08) Resolution Approving a Variance to allow Construction of a Pool within the Setback
from the Wetland Buffer for Pool Guy.Com located at 4075 Garland Lane North (20073 —
Res2000-337).
6.09) Resolution Approving a Site Plan and Variances for Delano Erickson Architects for an
Office Building located on the North Side of 37th Avenue between Vicksburg Lane and
Plymouth Boulevard (20079 — Res2000-338).
6.10) Resolution Approving Final Plat and Development Contract for Lundgren Brothers
Construction, Inc. for "Plum Tree East 5th Addition" for Property located north of Old Rockford
Road, south of the Soo Line (CP) Railway, east of Peony Lane, and west of Holly Lane (20084-F
Res2000-339).
6.11) Resolution Approving Conditional Use Permit for Chesapeake Companies for a Retail
Clothing Store located at 15545 34`h Avenue North (20086 — Res2000-340).
6.12) Resolution Approving a Conditional Use Permit for Dino's Gyros for a Fast Serve Greek
Restaurant at Plymouth Hills Shopping Center, 3355 Plymouth Boulevard (20087 — Res2000-
341).
6.13) Ordinance Amending the Text of Chapter 21 of the Plymouth City Code, the Plymouth
Zoning Ordinance (20072 — Ord2000-27).
6.14) Ordinance Amending the Text of Chapter 21 of the Plymouth City Code, the Plymouth
Zoning Ordinance (20081 — Ord2000-28).
6.15) Resolution Appointing Members to the Plymouth Advisory Committee on Transit
Res2000-342).
Adopted City Council Minutes
Regular Meeting of July 11, 2000
Page 4 of 10
6.16) Resolution Approving a Variance for Impervious Surface Area Coverage in the Shoreland
Management Overlay District and a Variance for Front Yard Setback for a Sport Court for Dean
and Cindy Burrington on Property located at 5730 Annapolis Lane North (20060 — Res2000-
343).
6.17) Resolution Approving Variance for Impervious Surface Area Coverage in the Shoreland
Management Overlay District for a Swimming Pool for Michael and Carol Kvasnik on Property
located at 11625 48`h Avenue North (20067 — Res2000-344).
6.18) Resolution Approving Change Order No. 8 with Shingobee Builders for the Plymouth
Creek Center project (Res2000-345).
Councilmember Black registered no votes for item No's. 6.08, 6.16, and 6.17 as the projects
affect wetlands and impervious surface areas greater than 25%.
Councilmember Brown stated regarding item No. 6.14, he requested that the notice to the
residents be very specific and clear that the plans are only preliminary at this point.
Motion carried to approve the amended Consent Agenda.
Public Hearings
7.1) Vacation of Sanitary Sewer Easements and Street Easements on Sunset Hill School
Property
Public Works Director Moore illustrated the proposed vacation. He explained the sanitary sewer
easement, which crosses the property, is covered by a 20 -foot perpetual easement along with a
60 -foot wide easement that was to be temporary but did not contain an expiration date. The
sanitary sewer is not centered within the 20 -foot easement. The street easement required for
Ridgemount Avenue includes an angle on the legal description but does not indicate what the
angle is measured from. In addition, another perpetual easement for Ridgemount Avenue, which
was acquired in 1997 also has the similar angle problem. The Wayzata School District will grant
the City new easements for ponding, standard drainage and utility easements, sanitary sewer
easement, and easement for Ridgemount Avenue prior to the vacation being recorded at
Hennepin County.
Mayor Tierney opened the public hearing for testimony.
Adopted City Council Minutes
Regular Meeting of July 11, 2000
Page 5 of 10
Ted Kemna, engineer with Shaw Madison and representing the School District, stated he would
be happy to answer any Council questions.
There being no one else wishing to appear before the Council to give testimony, Mayor Tierney
declared the public hearing closed.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik, to adopt
a Resolution Authorizing the Vacation of a Perpetual Easement for Street and Utility Purposes
for Wayzata School District, Document No. 6743415 (Res2000-346). With all members voting
in favor, the motion carried.
7.2) Vacation of Part of Cheshire Lane in Berthiaume's Addition
Public Works Director Moore illustrated the proposed vacation. He explained Tim and Sue
McCulloch, 13915 400' Avenue North, desire to construct a pool and shed on their property. He
stated the building setback from the Cheshire Lane right-of-way limits the use of their property,
and vacating the right-of-way lessens the setback requirements. This portion of Cheshire Lane
would never be used for public street right-of-way because Annapolis Lane was constructed with
the Plymouth Business Center addition at another location.
Mayor Tierney opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Tierney
declared the public hearing closed.
Motion was made by Councilmember Slavik, and seconded by Councilmember Harstad, to adopt
a Resolution Authorizing the Vacation of a part of Cheshire Lane in Berthiaumes Addition
Res2000-350) and a Resolution Setting Conditions (Res2000-351). With all members voting in
favor, the motion carried.
General Business
8.1) Sketch Plan for "Plymouth Crossings" a Mixed Use Residential and Commercial
Development (TOLD Development Company — 20056)
Community Development Director Hurlburt illustrated the proposed development which would
consist of a 237 -unit apartment building, a 42,000 square foot commercial development with a
gas/convenience store, restaurants and retail shops in a mixed-use development to be known as
Plymouth Crossings." She stated this would be a redevelopment of approximately 25 acres.
Adopted City Council Minutes
Regular Meeting of July 11, 2000
Page 6 of 10
She stated the Council previously discussed the sketch plan at a work session, and the Planning
Commission has conducted a public meeting with the residents being notified.
She explained there are major policy issues, such as eminent domain and tax increment
financing, concerning this development. She stated the City has ultimate discretion whether they
would exercise their powers for eminent domain proceedings and tax increment financing. In
addition, there are infrastructure issues that need to be addressed (i.e. intersection improvements
including the rebuilding of the frontage road and the West Medicine Lake intersection,
demolition and mitigation of Mr. Gas, acquisition of homes, and realignment of County Road
73). She suggested that before the developer assumes additional costs with this project, the
Council determine if this project warrants the City's assistance.
City Manager Johnson commented that staff has analyzed this development, and even though the
redevelopment of this area would be beneficial, staff questions the policy of the Council
participating with eminent domain and the tax increment financing assistance for this project.
Councilmember Bildsoe stated he does not support the City being a partner with this project
based on the sketch plan and the development's layout.
Councilmember Brown acknowledged this area needs to be redeveloped, but based on comments
from residents, the question is when and how. He stated the developer heard the Council's
comments and suggestions from the work session. However, none of the suggested changes
were made to the sketch plan.
Councilmember Johnson stated she doesn't see a need to proceed with eminent domain and
utilizing tax increment financing. She also doesn't feel that currently this would be an
appropriate development at this location.
Councilmember Black echoed Councilmember Bildsoe, Brown, and Johnson's comments. She
stated she is strongly opposed to eminent domain. However, if the development didn't contain
eminent domain, she would consider it.
Community Development Director Hurlburt informed the Council that no formal action is
necessary this evening. However, it is very important for the Council to convey their comments
to the developer.
Mayor Tierney acknowledged this property is a very difficult site to redevelop as housing seems
to be a necessary component of a development. However, she supports a development that
would be of benefit to the residents and the City of Plymouth.
Adopted City Council Minutes
Regular Meeting of July 11, 2000
Page 7 of 10
Councilmember Harstad commented that there could be property owners willing to sell their
properties without eminent domain. Therefore, he requested the Council hear the public
comments this evening.
Councilmember Slavik stated according to the packet materials, at least some of the 10
homeowners on Cottonwood Lane are not willing to sell their properties. Therefore, she concurs
with other Councilmembers' comments that there is no uniqueness about this project for the City
to utilize its eminent domain authority.
Councilmember Johnson believes that eminent domain would be necessary for this project. She
also commented that the retail portion of the development is very unstable. Therefore, she is not
willing to approve tax increment financing for this project.
Mayor Tierney stated there is a need for apartment housing; however, she can't visualize how
this development would blend together.
Michael Siskin, 540 Evergreen Lane, stated they own two of the residential lots. He agreed with
the Council's concerns and comments already expressed.
Jill Presseller, representing Leonard and Ruth Lindelof, 620 Cottonwood Lane, stated the
Lindelofs are not willing to sell their property to the developer. She suggested that the Council
establish criteria for eminent domain proceedings.
Gary Dreher, from TOLD Development, stated they contemplated what the City needed for a
redevelopment and the burdens to be placed on the redevelopment (i.e. demolition, infrastructure
costs). He stated because of those burdens, the project had to be rather large. He suggested that
if the Council desires to have this area redeveloped, the City hire a consultant, initiate a study
and gather community input. As a developer, he can only review the area to determine what type
of development would be financially feasible. He commented that once the initial sketch plan
was submitted to the City, he was not allowed to amend it to incorporate the Council's comments
and suggestions from the work session. Lastly, he was not able to identify specific businesses
that would be part of the retail development due to the construction time frame.
Community Development Director Hurlburt stated this area has been studied for the past year,
and there were many discussions with the developer. She acknowledged there are many burdens
on the property as well as the City not having a specific vision for what type of redevelopment
should occur. She stated that in the future this area should be studied to determine the long-term
viability of the homes, the infrastructure costs, and the City's participation.
Adopted City Council Minutes
Regular Meeting of July 11, 2000
Page 8 of 10
Councilmember Johnson asked if there is a plan to acquire any of the single-family homes on
Cottonwood Lane if they are for sale. Community Development Director Hurlburt replied since
there are no funding options or a specific objective as to what type of redevelopment should
occur, there is no plan.
City Attorney Knutson commented on eminent domain, and he stated one of the principal tax
advantages for a property owner is the ability to purchase replacement property without capital
gain tax. In addition, the City would also pay relocation costs to the property owner.
Councilmember Black encouraged staff and the HRA to present options for this property to the
Council at a future study session.
Motion was made by Councihnember Johnson, and seconded by Councilmember Black, to take
no action. With all members voting in favor, the motion carried.
8.2) Reguiding for Study Area D (property located north of Bass Lake Road, east of
Quinwood Lane, and west of future Northwest Boulevard - 20009)
Community Development Director Hurlburt reported on the request to approve the reguiding of
property located north of Bass Lake Road, west of the future extension of Northwest Boulevard,
and east of Quinwood Lane from C to LA -4. She stated the Council is not being requested to
review a change to the zoning at this time. Any change to the guiding of the site would require
Metropolitan Council review. After review by the Metropolitan Council, staff would present the
rezoning to the Council for action. She stated when this area was originally platted in the
residential area, it was envisioned for a shopping center. However, this area has lost its
attractiveness for that use due to the retail area in Maple Grove.
She stated this area is subject to an Interim Ordinance adopted on February 1 that expires July
31. Some of the issues associated with this property include Northwest Boulevard/access
options, traffic impacts, opportunities for high-density housing, parks, and open space (ranked as
a low priority). She explained the initial study considered four different options (commercial,
commercial office, mix of commercial office and LA -4, and LA -4). The Planning Commission
recommends the LA -4 area due to high density housing near employment, proximity of shopping
facilities, life -cycle and affordable housing, and transit opportunities. Some disadvantages
include noise from arterial roadways, need for additional recreational facilities, and transition
between larger apartment buildings and adjacent twinhomes. She noted that even though the
Council isn't considering rezoning this evening, staff would be recommending it be placed in the
FRD (future restricted development district). In conclusion, she recommended the Council
approve the reguiding from commercial to LA -4 as recommended by the Planning Commission.
Adopted City Council Minutes
Regular Meeting of July 11, 2000
Page 9 of 10
Councilmember Harstad asked what the guiding would be in Maple Grove, which is to the north
of this property. Community Development Director Hurlburt stated LA -2.
Councilmember Slavik asked if there are any transition issues the Council should be concerned
with because of a LA -4 guiding adjacent to LA -1. Community Development Director Hurlburt
replied the LA -4 would be in rear yards and not sharing local streets with high intensity uses.
Therefore, she is confident that an adequate transition could be developed.
Councilmember Brown asked what the strategy is for FRD. Community Development Director
replied the property is placed in a holding classification in order to remove it from the
commercial zoning classification.
Councilmember Brown asked if the approval process is altered after a development is presented
to the Council with the FRD classification. Community Development Director Hurlburt replied
it wouldn't either lengthen or amend the process. She explained once the property is reguided,
the Council is obligated in providing rezoning consistent with the plan.
Mark Nelson, 3500 W 80th Street, Bloomington, representing United Properties and Gene
Hickok, stated they are the larger property owner in the proposed area, and they support the
proposed reguiding. He explained they would be working with the adjacent property owner to
the east and presenting in the future a high-density land use development.
Lou Stocco, 7900 International Drive, Director of Development for Gramercy Corporation,
explained they have an option to purchase part of this area, and they would be proposing an 80 -
unit building similar to their other development in the City. He stated they support the reguiding.
Motion was made by Councilmember Black, and seconded by Councilmember Brown, to adopt a
Resolution Approving Land Use Guide Plan Amendment for the City of Plymouth for Property
located in the Northwest Quadrant of Bass Lake Road and future Northwest Boulevard (20009 —
Res2000-352). With all members voting in favor, the motion carried.
8.3) Establish June 24, 2000 at 7:00 p.m. as a Special Meeting to discuss the County Road
101 (9005) Improvement Project
Councilmember Harstad asked if notification of this meeting has been sent to the property
owners. City Manager Johnson replied approximately 500 notices were mailed yesterday due to
the Council's request for a two-week advanced notice to the property owners.
Since the notices were already sent, Councilmember Harstad withdrew any objection he had in
assuring that there was a full two-week notice.
Adopted City Council Minutes
Regular Meeting of July 11, 2000
Page 10 of 10
Motion was made by Councilmember Harstad, and seconded by Councilmember Black, to
schedule the Special Meeting for June 24 at 7:00 p.m. in the Council Chambers. With all
members voting in favor, the motion carried.
Reports and Recommendations
There were no reports and recommendations.
Adjournment
Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to
adjourn the meeting at 8:29 p.m. With all members voting in favor, the motion carried.
andra R. Paulson, City Clerk