HomeMy WebLinkAboutCity Council Minutes 08-14-2012Adopted Minutes
Regular Council Meeting
August 14, 2012
Deputy Mayor Bildsoe called a Regular Meeting of the Plymouth City Council to order at 8:00
p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on August 14, 2012. He
noted that the meeting is starting at 8:00 p.m. due to the Primary Election.
COUNCIL PRESENT: Deputy Mayor Bildsoe; Councilmembers Willis, Stein, Black, Johnson,
and Wosje.
ABSENT: Mayor Slavik
STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Administrative Services
Director Callister, Park and Recreation Director Evans, Deputy Fire Chief Springer, Community
Development Director Juetten, Public Works Director Cote, Police Chief Goldstein, and Housing
Manager Barnes.
Plymouth Forum
Paula Maccabee, 1961 Selby Ave., St. Paul, appeared as counsel representing the Western
Plymouth Neighborhood Alliance. She requested that the City Council consider adoption of a
resolution requesting a contested case -hearing related to the Hollydale Transmission Line project.
She stated that the resolution requests an evaluation of need for the proposed line size as it relates
to reliability issues, as well as supports a solution that has the least impact on residents.
Paul Ablack, 18725 37th Avenue North and the President of the Western Plymouth Neighborhood
Alliance, requested support of the proposed resolution.
Councilmember Johnson stated that energy reliability is important to the community, and she
supports a process to ensure the best sized line and location is selected. She proposed adding the
resolution to the agenda for consideration.
Presentations and Public Information Announcements
4.01) Presentation of 2012 Environmental Champion Award
A 2012 Environmental Champion Award was presented to Kathleen Hartman.
Approval of Agenda
Adopted Minutes 1 of 9 Regular Meeting of July 24, 2012
Motion was made by Councilmember Black, seconded by Councihnember Willis, to approve the
agenda with the addition of the Hollydale resolution of support which was requested by
Councilmember Johnson. With all members voting in favor the motion carried.
Consent Agenda
Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt the
Consent Agenda that included the following items:
6.01) Resolution Approving Authorizing the Mayor and City Manager to Execute Amendment
No. 1 to the Development Contract for Hampton Hills South Plateau (2011097-F — Res 2012-
231).
6.02) Resolution Approving Disbursements ending August 4, 2012 (Res2012-232).
6.03) Resolution Approving Agreement with the Invitation Health Institute for Reimbursement
Funding for Underage Alcohol Compliance Checks (Res2012-233).
6.04) Resolution Requesting Payment No. 2 and Final Conor Meadows Improvement Project,
City Project No. 11019 (Res2012-234).
6.05) Resolution Accepting Utilities for Continual Maintenance for Spring Meadows 2009025
2009025 -- Res2012-235).
6.06) Resolution Ordering Preliminary Engineering Report for the Vicksburg Lane and
Rockford Road Sidewalk Improvement Project, City Project (12023—Res2012-236), Resolution
Receiving Preliminary Engineering Report and Calling for a Public Hearing for the Vicksburg
Lane and Rockford Road Sidewalk Improvement project, City Project No. (12023 — Res2012-
237), Resolution Declaring Cost to be Assessed, and Ordering Preparation of Proposed
Assessment for the Vicksburg Lane and Rockford Road Sidewalk Improvement Project, City
Project No. (12023 — Res2012-238), and Resolution for Hearing on Proposed Assessment for the
Vicksburg Lane and Rockford Road Sidewalk Improvement Project, City Project No. (12023 —
Res2012-239).
6.07) Resolution Giving Host Approval and Consent to the Issuance of a Series 2012 Health
Care Facility Revenue Refunding Note Under Minnesota Statutes, Sections 269.152 Through
469.1651, Mission Farm Nursing Home Project (Res2012-240).
6.08) Resolution Approving a Final Plat and Development Contract for Pulte Homes of
Minnesota LLC, for "Elm Creek Highlands East 3rd Addition" Located in the north Portion of
Elm Creek Highlands East (2012055-F — Res2012-241, and Resolution Adopting Assessments
Trunk Sanitary Sewer and Water Main Elm Creek Highlands East 3`d Addition (2012-55-F —
Res2012-242).
Adopted Minutes 2 of 9 Regular Meeting of August 14, 2012
6.09) Resolution Approving a Variance for Steven Anderson for Property Located at 210
Niagara Lane North (1012051— Res2012-243).
6.10) Resolution Approving a One -Year Extension of the Development Approvals for the
Rottlund Company Inc. for The Reserve 3`d Addition for Property Located West of Cheshire
Parkway and North of 55th Avenue North (2008003 — Res2012-244).
6.11) This item was removed from the Consent Agenda and placed under General Business as
Item No. 8.05).
6.12) Resolution Approving a Final Plat and Development Contract for "Taylor Creek 4`h
Addition" for Property Located East of Taylor Creek PUD (2012-43-F — Res2012-245) and
Resolution Adopting Assessments Trunk Sanitary Sewer and Watermain Taylor Creek 01
Addition (2012043 — Res2012-246).
With all members voting in favor, the motion carried.
Public Hearings
There were no public hearings.
General Business
8.01) Consider Amending the Tax Increment Financing Plan for TIF District 7-8 (Quest
Development, Inc.)
Housing Manager Barnes presented the staff report relating to the proposed modification of the
Tax Increment Financing Plan for TIF District 7-8, requested by Quest Development, Inc., in
order to reduce the number of affordable units from 40 percent to 10 percent for the 157 -unit
multi -family development located at the southwest corner of Highways 169 and 55. He described
the five redevelopment districts in the City and noted that funds have been used for public
infrastructure, soil correction, acquisition of land, and building demolition.
Mark Ruff, Ehlers and Associates, stated that he had analyzed the proposed financing, and a
written report of his findings are included in the staff report. He said there is no affordability
requirement attached to a redevelopment district, therefore, the decision about whether to provide
TIF assistance to this project with a reduced number of affordable units is a policy decision. The
developer is still requesting $2.5 million in TIF eligible project costs over 25 years. The request
is for pay-as-you-go assistance. No City bonds or direct loans will be involved in the transaction.
Mr. Ruff said that his projections show the $2.5 million would be paid over 20 years, rather than
25 years, due to the higher taxes associated with more market rate units. The Council could
decide to limit the term of the assistance to 20 years, which would increase the risk to the
developer that the full amount of TIF would not be realized.
Adopted Minutes 3 of 9 Regular Meeting of August 14, 2012
Mr. Ruff outlined the economics of the request and provided details on land price, lease rates,
construction costs, developer fee, financing assumptions, and return on equity. He stated that the
developer fee at less than 5 percent of the project costs is within the acceptable range for this type
of development. He advised that a 9.8 percent return on equity is within the acceptable range for
this type of product in today's market. From an economic analysis, he believes the request is
reasonable and that the developer has demonstrated a need for TIF assistance with redevelopment
costs; however, there are policy issues for the Council to consider. He said that it is not easy to
undertake redevelopment projects in today's market.
Deputy Mayor Bildsoe said it is not unusual for mixed use and residential to be included in
redevelopment districts with TIF assistance. Mr. Ruff agreed and provided several examples.
Mr. Ruff also explained options for look -back provisions.
Councilmember Willis asked if the City had seen the fall appraisal for the property, referenced in
the staff report. Housing Manager Barnes stated yes, and that the information provided in the
staff report is directly from that appraisal.
Councilmember Wosj e asked if there was an estimated cost for soil correction and demolition of
structures on the site. Housing Manager Barnes responded that only preliminary numbers are
available, but exact amounts will be included in the proposed development agreement which will
come back to the Council for approval.
Councilmember Stein noted that this site was originally guided for 20 units per acre, but later
changed to higher density. He asked if the land value was based on the original guiding.
Housing Manager Barnes said that the appraisal was based on the revised/current guiding. The
value has increased due to the guiding, but also the property was purchased several years ago.
Councilmember Willis said that this developer initially proposed a development which would
provide 64 affordable units, or 40 percent of the project. In considering the project requests,
Councilmember Willis said he expected that the developer would honor that commitment,
particularly since it came to the Council as part of the original proposal and was not a
requirement of the City. He said that the inclusion of 40 percent work force housing was an
important consideration for him when considering this project.
Councilmember Johnson stated that the City Council has been very supportive of work force
housing, but she still has strong interest in this project even though the original number of
affordable units cannot be achieved. The site is challenging because of the traffic access,
wetlands, proximity to residential properties, soil correction, and demolition of structures
required on the site. She said that financing for redevelopment projects is very difficult, and the
Council has seen a number of previous proposals not reach completion on this site.
Redevelopment is needed on this site and will also spur additional redevelopment in this area.
Deputy Mayor Bildsoe agreed that he is interested in this project for its redevelopment potential.
He said that the prior approval of an extended -stay hotel on the site contained no affordable
Adopted Minutes 4 of 9 Regular Meeting of August 14, 2012
housing. The work force housing component of this proposal is an additional benefit. The project
will provide jobs, as well as encourage other economic development in the area.
Councilmember Black said that it is regrettable that there could not be more affordable units in
the project. However, she also views this as a redevelopment project, with the additional benefit
of providing some affordable units. She noted that the developer made changes in the building
design based on Council request.
Councilmember Wosje stated that he would like to allow the free market to determine
development on the site. However, given the current economic conditions, it will be years before
the site develops without assistance. The site is in need of redevelopment.
Jim Waters, 10700 Old County Road 15, represented Quest Development and spoke in favor of
the request. He said that he has spent over 12 months attempting to obtain funding to include 40
percent of affordable units, but 10 percent was the most that could be accomplished. He believes
this project will serve as a catalyst for more redevelopment in the area.
Motion was made by Councilmember Black, seconded byDDeputy Mayor Bildsoe, to adopt
Resolution Amending the Findings Contained in Resolution 2011-120 Relating to the
Modification of the Development Program for Development District No. 7 and the Establishment
of Tax Increment Financing District No. 7-8 Therein (Res2012-247).
Motion carried with Johnson, Wosje, Black and Bildsoe voting aye; Stein and Willis voting nay.
8.02) Approve Site Plan, Conditional Use Permits, and Variances for a 911 Emergency
Communications Facility at the Adult Correctional Facility Site at 1245 Shenandoah Lane,
Hennepin County.)
Community Development Director Juetten presented the staff report on the request of Hennepin
County for approvals for a 59,550 square foot 911 emergency communications facility at 1145
Shenandoah Lane. The Planning Commission voted unanimously to recommend approval of the
request.
Deputy Mayor Bildsoe stated that this is a significant project, and he thanked Hennepin County
for investing in the City.
Becka Padilla, Project manager for Hennepin County, stated that construction would begin in the
spring of 2013, with completion slated for the end of 2014.
Motion was made by Councilmember Black, seconded by Councilmember Willis, to adopt
Resolution Approving a Site Plan, Conditional Use Permits, and Variances for a 911 Emergency
Communications Facility at 1245 Shenandoah Lane (2012036 — Res2012-248).
Councilmember Willis asked if there would be any restriction on ingress/egress of construction
traffic.
Adopted Minutes 5 of 9 Regular Meeting of August 14, 2012
Public Works Cote responded that construction traffic would enter and exit from the north.
Motion carried unanimously.
8.03) Approve Rezoning and Preliminary Plat for "Kirkwood" for 46 Single -Family
Homes to be Located at 52-5, 5250, 5330 and 5350 Dunkirk Lane (US Home Corp)
Senior Planner Darling presented the staff report on the request of US Home Corporation for
approvals relating to a 46 -lot subdivision at 5205, 5250, 5330, and 5350 Dunkirk Lane.
Councilmember Willis stated that the proposal includes an exchange of private property and City
parkland. If this exchange was not done, the developer may have three fewer lots and, in
addition, the water quality ponds would be located on private property rather than on parkland.
He believes that the City is not getting sufficient financial credit with this land exchange as it
relates to park property.
Councilmember Stein asked if the City will review plans for the homes in the development
nearest to the gun club to ensure there is extra insulation and other items for noise mitigation.
Community Development Director Juetten said that the City does not review plans for these
additional items; however, there is a notification requirement when building permits are issued
for these homes. Also, the applicant is required to have buyers/builders sign an affidavit that they
understand the proximity to the Gun Club so that they can negotiate additional noise mitigation
elements.
Councilmember Stein asked about the responsibility for funding a traffic signal at Dunkirk Lane
and County Road 47.
Public Works Director Cote stated that a traffic signal is not anticipated at this intersection in the
Comprehensive Plan with full build -out of the City. He said it is unlikely that it would ever meet
warrants for a traffic signal, but it is a county road and would be considered under the County's
policies.
Councilmember Johnson requested that the developer comment on how notification of the
proximity to the Gun Club is done when it is a spec home.
Councilmember Wosje asked about the impact on Lots 11-13 if the property exchange is not
done.
Joe Jablonski representing Lennar builders stated that the land exchange was largely related to
the anticipated future road connections for the property to the west, and the City receives more
land with the exchange. He said that they could shift the property lines and the roadway, which
would shift Lots 11-13 closer to the wetland. These lots could still be developed, but would have
smaller rear yards. Mr. Jablonski said that the water quality pond receives most of the water from
Adopted Minutes 6 of 9 Regular Meeting of August 14, 2012
Dunkirk Lane. He explained the disclosure measures that would be implemented for parcels
within 750 feet of the abutting Gun Club. In addition to the notification done with the building
permits, buyers will sign a "Gun Club Addendum" which will accompany the property title. The
master disclosure for the entire development will include the Gun Club hours, which is signed by
each buyer. They will be doing upgraded noise mitigation improvement as part of the home
construction, similar to what was done in the Timber Creek Crossing development.
Jim Sable, 4710 Harbor Lane, represented the Plymouth Gun Club. He wants to ensure that a full
and complete disclosure is done so that anyone moving into the homes is aware they living
adjacent to a Gun Club. Mr. Sable said that vegetation is one of the best sound mitigation
measures available and encouraged the developer to consider retaining vegetation on the site. He
advised the Council of the Shooting Range Protection bill which was enacted in 2005.
Councilmember Willis stated that he would prefer that this development not include a property
exchange that would result in any financial credit related to park dedication. He said there is a
ghost plat to the west, and he asked about the drainage impact. He also asked about construction
traffic.
Planner Darling responded that the development to the west would have its own pond.
Construction traffic routing could be designated in the final plat.
Public Works Director Cote stated that the applicant has indicated the heavy construction
equipment traffic would be from the south. The home construction access would likely be from
54th Avenue.
Motion was made by Councilmember Stein, seconded by Councilmember Johnson to adop
Ordinance Amending Cbapter 21 (Zoning Ordinance) of the City Code to Classify Certain Lane
Located at 52-5, 5250, 5330, and 5350 Dunkirk Lane (2012041— Ord2012-22)Resolution
Approving Findings of Fact for the Rezoning of Land Located at 5205 5250 5330 and 5350
Dunkirk Lane (2012041 — Res2012-249)and Resolution Approving a Preliminary Plat for US
Home Corporation dba Lennar for "Kirkwood" for Property Located at 5205 5250 5330 and
5350 Dunkirk Lane (2012041 — Res2012-250
Motion to amend the preliminary plat resolution was made by Councilmember Willis and
seconded by Councilmember Black, to provide that Lots 11-13 shall not encroach on park
property.
Councilmember Johnson asked about the impact on Lots 11-13 with this amendment, given the
road will be moved 15' northerly as well. She is concerned about the impact to future owners
related to the lot setbacks if there is not space to add a deck or other typical improvement.
Councilmember Willis stated that residents can seek a variance if setback standards cannot be
met.
Motion carried on a vote of 5-1, with Councilmember Johnson voting nay.
Adopted Minutes 7 of 9 Regular Meeting of August 14, 2012
Main motion as amended carried by unanimous vote.
8.04) Support Resolution requesting Contested -Case Hearing for the Hollydale
Transmission Line project
Motion was made by Councilmember Black, seconded by Councilmember Johnson, to adop
Resolution Requesting Contested -Case Hearing for the Hollydale Transmission Line Project
Res2012-251).
Councilmember Willis asked if Xcel Energy has had an opportunity to comment.
Public Works Director Cote stated that Xcel has agreed to the contested case hearing, per
information posted on their website today.
Motion carried by unanimous vote.
8.05) Approve Zoning Ordinance Amendment Pertaining to Wall Signage (City of
Plymouth
Councilmember Wosje stated that the proposed amendment to the sign ordinance would add a
height restriction as it relates to architectural features. There are not a lot of examples from other
communities, and he wants to ensure that 8 feet is the correct height. He noted that 8 feet may be
too restrictive.
Community Development Director clarified that the architectural feature could be higher than 8
feet. However, the proposed ordinance would limit the portion of the architectural feature used
for signage. They are also allowed to have a pylon sign on the site. He stated that a company logo
is considered signage.
Motion was made by Councilmember Willis, seconded by Councilmember Black, to adopt
Ordinance Amending Section 21155.05 of the Plymouth City Code Regarding Signage Projecting
Above the Roof Line (2012053 — Ord2012-23) and Resolution Approving Findings of Fact for
Zoning ordinance Text Amendment to Section 21155.05 to Add Requirements Regarding Signage
Projecting Above the Roof Line (2012053 — Res2012-252).
Motion carried on a vote of 5-1, with Councilmember Wosje voting nay.
Reports and Staff Recommendations
9.01) Set Future Study Sessions
No changes were made to the pending study session list.
Adopted Minutes 8 of 9 Regular Meeting of August 14, 2012
Adjournment
Deputy Mayor Bildsoe adjourned the meeting at 10:05 p.m.
fA&r—&gw
Sandra R. Engdahl, Civy Clerk
Adopted Minutes 9 of 9 Regular Meeting of August 14, 2012