HomeMy WebLinkAboutCity Council Minutes 05-09-2006Adopted Minutes
Regular Council Meeting
May 9, 2006
Mayor Johnson called a Regular Meeting of the Plymouth City Council to order at 7:06 p.m. in
the Council Chambers of City Hall, 3400 Plymouth Boulevard, on May 9, 2006.
COUNCIL PRESENT: Mayor Johnson, Councilmembers Bildsoe, Hewitt, Slavik, Stein, Willis,
and Black.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, Fire Chief Klein, Police Chief Goldstein, City
Attorney Knutson, Community Development Director Hurlburt, Administrative Services
Director McGann, Park and Recreation Director Blank, Senior Planner Drill, Public Works
Director Cote, and City Clerk Paulson.
Plymouth Forum
Dick Swenson, 18415 20th Avenue North, stated he has contacted the Police and Park and
Recreation Departments regarding four -wheeler access to City's parks, streets, and lakes. He
explained that he has a permit to hunt from his four -wheeler from the State of Minnesota, but the
City won't allow him to access the parks, streets, and lakes. He suggested that the City allow
four -wheeler access to parks, streets, and lakes, within a limited one mile radius from the
resident's home.
Mayor Johnson stated this matter would be referred to the City Attorney to determine what
options are available, and staff would contact him.
Presentations and Public Information Announcements
4.01) Announcement of Human Rights Commission Essay Contest Winners
Human Rights Commission Chair Gwen Adams -Drew, Human Rights Commissioner Arthur
Layton Jr., and Mayor Johnson presented awards to Meghna Sohoni, Elisabeth Hawthorne, Jason
Lee, and Kimberly Perrine, winners of this year's essay contest.
4.02) Proclamation Declaring "From Liberation to the Pursuit of Justice"
Mayor Johnson read a Proclamation declaring the week of April 23 through April 30 as "From
Liberation to the Pursuit of Justice."
4.03) Announcement of Recycling Drop -Off on May 20
Councilmember Black announced the Recycling Drop -Off day on May 20 at the Public Works
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Regular Meeting of May 9, 2006
Page 2 of 10
Maintenance Facility.
4.04) Announcement of Councilmember Slavik being appointed to the Firefighter
Training and Education Board
Councilmember Slavik announced that Governor Pawlenty recently appointed her to the
Firefighter Training and Education Board.
Approval of Aeenda
Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe to
approve the a nda. With all members voting in favor, the motion carried.
Consent Agenda
Councilmember Willis removed item No. 6.03, and it was placed under General Business as item
No. 8.4.
Motion was made by Councihnember Slavik, and seconded by Councilmember Bildsoe to adopt
the amended Consent Agenda that included the following items:
6.01) Minutes of the Special Meeting of April 18, 2006 Board of Appeal and Equalization
Reconvened Meeting of April 25, and the Regular Council Meeting of April 25.
6.02) Resolution Approving Disbursements for the period ending April 28, 2006 (Res2006-
179).
6.03) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.4).
6.04) Resolution Awarding Contract for 2006 Street Reconstruction Project (6101 — Res2006-
180).
6.05) Resolution Approving Agreement for Wood Deck Encroachment into a Drainage/Utility
Easement within Lot 20, Block 2, Cascades (Res2006-181).
6.06.1) Resolution Approving Termination of Water Quality Pond Maintenance Agreement for
Savannah (93112 — Res2006-182).
6.06.2) Resolution Approving Termination of Water Quality Pond Maintenance Agreement for
Cornerstone Commons (98194 — Res2006-183).
6.07) Resolution Approving Application to extend the Licensed Premises for Woody's Carlson
Parkway LLC d/b/a Woody's Grille Carlson Parkway, 220 Carlson Parkway (Res2006-184).
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Regular Meeting of May 9, 2006
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6.08) Resolution Approving a Final Plat and Development Contract for "Taryn Hills 2nd
Addition" for U.S. Home Corporation, for 14.51 Acres of Land located Northeast of County
Road 47 and Vicksburg Lane (2006018-F — Res2006-185).
6.09) Resolution Revising and Replacing Resolution No. 2006-116 adopted on March 14, 2006,
Approving a Site Plan Amendment and Conditional Use Permits for Hempel Properties LLC to
allow a New Retail Building with a Coffee Drive -Through and Modifications to the Existing Cub
Foods Building for Property located at 4445 Nathan Lane (2005148 — Res2006-186).(Res2006-
175).
6.10) Resolution Awarding the Contract for Insurance for the 2006/2007 Insurance Program
Res2006-187).
Motion carried to approve the Consent Agenda.
Public Hearings
There were no public hearings scheduled).
General Business
8.1) Rezoning, PUD General Plan, and Preliminary Plat for "Villas at Bass Lake
Creek"(southwest corner of intersection of Nathan Lane and Bass Lake Road — Lifestyle
Properties — 2006006)
Community Development Director Hurlburt reported on the application of Lifestyle Properties
for rezoning, preliminary plat, and PUD general plan approval for the construction of 25 single-
family dwellings and 36 townhouses to be called the "Villas of Bass Lake Creek." She
illustrated the site and stated that the development would be served by a new street off Nathan
Lane. She noted that there are a number of wetlands on the south and west side of the property,
and Bass Lake Creek flows through the northern part of the property. She stated in 2005, there
were two separate applications submitted for development of this property by variation of 13
apartment buildings. She stated these applications were denied by the City because the density
was incompatible with surrounding neighborhoods, there wasn't adequate transition, and the
height of the buildings.
She stated the Planning Commission recommended approval of this project. She indicated that
the majority of the issues that have been raised are about the impact to Bass Lake Creek, impacts
to the wetlands, and access to the property. She stated regarding the concerns on the impact to
Bass Lake Creek, the creek is impaired because of chlorides and what needs to occur to improve
that. She stated the Engineering Department has reviewed the high water elevations on these
ponds, and even with the heavy rains as of last night, they are performing the way they should
be. Staff doesn't have any concerns that there is a design flaw for drainage in the area. She
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Regular Meeting of May 9, 2006
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stated regarding using Nathan Lane to access this site, there has always been a concern of truck
traffic on Nathan Lane, and staff doesn't feel that this development would exasperate that
concern.
Jim Backer, 5694 Trenton Lane, President of Bass Lake Villas Townhome Association, stated
this area would be better suited to lower density residential uses. The lower the density, the
lower impact on the wetland area. He stated the Comprehensive Plan speaks to appropriate
transitions, and this development does that. He stated their association supports this
development, and they feel that this development is a great improvement over the previous
proposals.
Community Development Director Hurlburt commented the density levels are below the guiding.
Jerry Unger, 10607 57th Place North, resident of Harrison Place Townhomes development, stated
this proposal is the best they have seen from a building perspective and the density levels.
However, he is disappointed on the progress for the environmental issues. He stated one issue is
the Bass Lake Creek, which is an impaired body of water fueled by chlorides. With this
proposed development, there would be more runoff on this creek. He stated he predicts that
someday the Shingle Creek Watershed District is going to say that the creek needs to be repaired.
He noted that there are improvements that could've been incorporated such as conveying storm
water through wetlands and vegetation. There has been a long history of using wetlands and
proving that running storm water through wetlands is valuable. He stated he disagrees with the
developers on the water levels in the wetlands, and it concerns him that there could be areas that
could be filled in from the high water mark. He indicated that one evening they measured the
water in the pond in the southwest corner of the site, and it was over 914 feet. This could
definitely subject some of the homes to flooding.
Bill Gleason, with Lifestyle Properties, stated they studied the wetland issue very thoroughly as
well as an area study of the development to the west. He stated a lot of those numbers were from
that study, and they are feeling very comfortable with those numbers.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt
an Ordinance Amending Chapter 21 of the City Code to classify Certain Land located near the
Southwest Corner of the Intersection of Nathan Lane and Bass Lake Road (2006006 — Ord2006-
10), and a Resolution Approving Findings of Fact for the Rezoning of Land located near the
Southwest Corner of the Intersection of Nathan Lane and Bass Lake Road (2006006 — Res2006-
188).
Councilmember Black stated that with any development, Bass Lake Creek would be impacted.
She stated in the future, as part of the discussion in the Comprehensive Plan, she would like to
new developments to make the parking more pervious, thereby reducing the width of roads in the
developments.
There being no further discussion and with all members voting in favor, the motion carried.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt
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Regular Meeting of May 9, 2006
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a Resolution Approving a Preliminary Plat for Lifestylepeerties for the "The Villas of Bass
Lake Creek." a Subdivision for Single Family Dwellings Townhouse Dwellings and Future
Commercial Develonment North of the Creek located at the Southwest Comer of the Intersection
of Nathan Lane and Bass Lake Road (2006006 – 189) and a Resolution Approving a PUD
General Plan for Lifestyle Properties for Single -Family and Multiple Family Dwellings on
Property located near the Intersection of Nathan Lane and Bass Lake Road (2006-6 – Res2006-
190). With all members voting in favor, the motion carried.
8.1.1) Wetland Replacement Plan Application for the Villas of Bass Lake Creek
Public Works Director Cote reported on the proposed wetland replacement plan application for
the "Villas of Bass Lake Creek."
The consulting engineer for this project explained that they would replace the impacted wetlands
on-site at a three to one ratio.
Motion was made by Councilmember Stein, and seconded by Councilmember Bildsoe to adopt
a Resolution Approving Wetland Replacement Plan Application for the Villas of Bass Lake
Creek (2006006 – Res2006-191). With all members voting in favor, the motion carried.
8.2) Rezoning, Planned Unit Development General Plan, and Preliminary Plat for
Plymouth Crossroads Station" (south of Highway 55 and east of Cottonwood Lane – DJR
Architecture, In. – 2005121)
Senior Planner Drill reported on the application of DJR Architecture for rezoning, preliminary
plat, and PUD general plan approval for redevelopment of the Plymouth Shopping Center area
located south of Highway 55 and east of Cottonwood Lane. He explained with this
redevelopment, the existing shopping center and the Mr. Gas site would be removed. He noted
that the developer has submitted a Tax Increment Financing (TIF) application, which is not part
of the Council action this evening that would be for traffic and drainage improvements. He
noted that these improvements would be required for any redevelopment of this site. Staff is in
the process of reviewing the TIF application to determine if the project is eligible for TIF.
He stated the proposed PUD zoning would be consistent with the City's Comprehensive Plan, it
would provide the City with a higher level of regulatory control than could be achieved under
conventional zoning. In addition, the development would incorporate common elements in the
design and materials for buildings, as well as for landscaping and the walkway system, in order
to create a united development, and lastly, adequate infrastructure is available to support the
proposed development and rezoning of the development site.
He indicated that the preliminary plat would meet all of the City's standards. The biggest
challenge for this project is how it fits with the existing road system. He noted that the frontage
road that currently exists in the front of the site would be removed and a new frontage road
would be constructed around the back of the site. He discussed the uses for the proposed
buildings to be located on the property and the three storm water holding ponds on the property.
He showed the elevations of the buildings and the landscaping plan.
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Regular Meeting of May 9, 2006
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Councilmember Bildsoe asked if there are any City funds being spent on improvements to
County Road 73. Public Works Director Cote replied no.
Councilmember Bildsoe commented that he doesn't like that the proposed gas station would be
located at the northeast corner of the station so the back of it would be facing the new transit
station.
A discussion was held on the traffic study held at the intersections involving Highway 55, West
Medicine Lake Drive, and County road 73, and that the rating indicated that the intersections
where the demand exceeds capacity, or a breakdown of traffic flow. Senior Engineer Drill stated
the best remedy would be to construct Highway 55 to a six lane roadway.
Some of the Councilmembers suggested that the proposed trail be realigned due to the dangerous
crossing at County Road 73.
Daniel LaFontaine, 11400 5`h Avenue North, illustrated his concerns relative to the high water in
his backyard which was due to some filling of the wetland in the mid 1980s which only left one
culver for the water to drain. This occurred after he constructed his home. He explained the
culvert was placed at an elevation higher than the existing outflow elevation. The entire
watershed area was raised 1.5 feet after the culvert was installed. He stated the proposed
development's buildings won't get flooded, but his property is at a lower elevation which means
he is at a greater risk. He stated his backyard has become very wet, which makes it very difficult
to mow, and his sump pump runs every two minutes versus now and then.
Public Works Director Cote stated staff informed the developer the perimeters on what they need
to review in this entire area that include hydraulic calculations, drainage plans, and the overflow
on Mr. LaFontaine's property. He stated the City's requirement is that the emergency overland
overflow swales must be a minimum of 18 inches below the lowest building opening, and Mr.
LaFontaine has requested that it be lower than his yard elevation.
Roy Beacham, 825 Cottonwood Lane North, stated he is concerned about the landscaping on the
west side of the property. He asked if the developer could consider more tree screening at the
top of the hill. He also commented that he prefers the proposed location of the gas station as at
one time it was to be in his view on the northwest part of the site.
Community Development Hurlburt added the hill is fairly large, and unless trees are planted at
the top of the hill, they don't provide that much screening.
Bruce Thompson, 11018 Old County Road 15, stated his concerns regarding this development
involve traffic, paths, walkways, and the trail crossing County Road 73. He stated it would be
logical to make the trail part of the bike trail system. He noted that there needs to be turning
restrictions at the point where the frontage road comes out to County Road 73. Public Works
Director Cote cautioned that before considering any type of restriction, it would be better to
evaluate the situation once the development is operational.
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Regular Meeting of May 9, 2006
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Mr. Thompson stated he is curious about the discussions that have been made with the State on
the County Road 73/Highway 55 intersection. He asked with the frontage road being moved to
the back of the development, if there could be additional plantings to assist in noise buffering.
He attested to the Mr. LaFontaine's claim that there the wetland was filled many years ago.
Park and Recreation Director Blank discussed the possible options for the trail.
Councilmember Willis asked the owner of the site if he realizes that infrastructure improvements
need to made at Highway 55/County Road 73, and if this project could be economically viable
without TIF. The owner replied that they realize infrastructure improvements need to be made at
Highway 55/County Road 73. Regarding if this project would economically viable without the
use of TIF, he stated he is unsure until the costs of the improvements are determined. He stated
the project is economically viable as it is drawn and shown.
Community Development Director Hurlburt stated that from a traffic and drainage standpoint,
those improvements would need to take place for redevelopment of this site to occur. She stated
the project might not be viable, and the use of TIF might be necessary, based on extraordinary
costs for drainage and infrastructure improvements. However, that's a separate issue from
tonight's applications.
Councilmember Willis stated he is concerned that the City could be "backed into" a situation that
they would kill a project if the TIF isn't approved. He stated the previous filling on site has
altered the drainage problem that needs to be addressed, as many of the costs that they are being
incurred today wouldn't be occurring if that wouldn't have happened. He stated his concern is
the use of TIF funds when the conditions that were created weren't by the direction of the City
Council. He stated he likes the development, but he doesn't support the use of TIF.
Councilmember Hewitt stated that no matter what redevelops at this site, the culvert under
Highway 55 and intersection improvements would need to be made.
The owner stated the Mr. Gas site, behind the existing retail sight behind the dry cleaners, and at
the proposed bank building on the west side, those are three environmental concerns. They are
working with the Minnesota Pollution Control Agency on wrapping those buildings separately.
Jerry Kennedy, 11255 Highway 55, stated that they purchased the property in 1978. In 1981 or
1982, they were approached by Schaffer Land Company about filling the site. They contacted
staff and were told to fill out an application. They did, and the Engineering Department
approved the fill. He stated that no fill was placed outside the area that was already covered. In
1994, a permit was received from the Corps of Engineers, and a 40 -inch pipe was installed but
no fill. He stated the elevation of the pipe was determined by the Department of Natural
Resources. He noted that the frontage road flooded in 1978, and that won't go away until the
problem under Highway 55 is addressed.
Motion made by Councilmember Stein, and seconded by Councilmember Hewitt to adopt an
Ordinance Amending Chapter 21 of the City Code to Classify 19.34 Acres of Land located south
of Highway 55 and East of Cottonwood Lane and to Establish a Planned Unit Development
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Regular Meeting of May 9, 2006
Page 8 of 10
District (Ord2006-11), Resolution Approving Findings of Fact for Rezoning of Lane located
South of Highway 55 and East of Cottonwood Lane (2005121 - Res2006-192), Resolution
Approving a Preliminary Plat for DJR Architecture Inc for Property located South of Highway
55 and East of Cottonwood Lane (2005121 - 2006-193)and a Resolution Approving a PUD
General Plan for DJR Architecture. Inc. for "Plymouth Crossroads Station" for Property located
South of Highway 55 and East of Cottonwood Lane (2005121 - Res2006-194).
Councilmember Stein stated the TIF application and drainage issues can be worked out during
the final plat process. He stated Mr. LaFontaine's drainage issue needs to be solved, and it's up
to the developer to try to make this project financially feasible. He stated he likes this
development as it would serve as a great gateway to the east side of Plymouth.
Mayor Johnson stated she agreed with Councilmember Stein.
Councilmember Hewitt reiterated that the drainage improvements need to be made for any
redevelopment of this site. She stated she would like to view the applications that were
submitted to the City in 1982 for filling of the site.
Councilmember Slavik voiced her support for the motion.
Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe to
amend condition No. 19cc of the PUD General Plan Resolution to delete the words "or 896
whichever is lower." With all members voting in favor, the motion carried.
The Council voted in favor of the amended main motion and with all members voting in favor,
the motion carried.
The council took a 5 minute break.
8.3) Repeal Interim Ordinance for Properties on Cottonwood Lane South of Highway 55
Community Development Director Hurlburt reported that on July 12, 2005, the Council
approved an interim ordinance for 12 lots on Cottonwood Lane. Ten of those lots are guided
LA -1 and two are guided Commercial. Of those guided for residential use, two lots are vacant.
One lot is owned by the City and provides an easement for storm and sanitary sewer. The other
was created in 2004 through the platting of an oversized lot. The most northerly lot on
Cottonwood Lane is a non -conforming real estate business. The City has until July 12, 2006 to
determine whether or not it is appropriate to change any of the guiding or zoning of these 12
properties. If the Council takes no action, the interim ordinance would sunset on July 12. She
stated is recommending to adopt an ordinance repealing the interim ordinance on Cottonwood
Lane south of Highway 55 and direct the Planning Commission to conduct a public hearing to
consider reguiding the two lots on the east side of Cottonwood Lane from Commercial to LA -1.
Joe Cavanaugh, 3220 Niagara Lane, stated this area could be utilized better, and he suggested
that there be LA -4 guiding. He stated he is opposed to rezoning the two lots on the east side of
Cottonwood Lane from commercial to LA -1. He explained this area has a difficult transition
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Regular Meeting of May 9, 2006
Page 9 of 10
already going from commercial to residential to a church.
Roy Beacham, 825 Cottonwood Lane North, stated this is a viable neighborhood that is well
shielded from the commercial and the church use. He indicated that there has been a great deal
of speculation with the moratorium as some properties have been sold to individuals who don't
reside there. He stated he supports the recommendation to reguide the two lots from commercial
to LA -1.
Joe Cavanaugh, 275 Lakeview Road, Medina, stated their property is "sandwiched" between the
church to the west and the proposed commercial development. He stated he would like to see
retail/commercial guiding, but if the Council goes residential, he would support LA -4 guiding.
Daniel LaFontaine, 11400 5th Avenue North, stated he supports and appreciates the Planning
Commission's recommendation to reguide to the two lots to LA -1. He stated these properties are
quiet and wooded, and he noted that 610 Cottonwood Lane, located directly behind his property,
has standing water on the property.
Motion was made by Councilmember Stein, and seconded by Councilmember Hewitt, to adopt
an Ordinance Repealing an Interim Ordinance Temporarily Prohibiting the Issuance of
Subdivision Approval and Zoning Approvals in a Designated Area South of Trunk HighwU55
on Both Sides of Cottonwood Lane (Ord2006-12). With all members voting in favor, the motion
carried.
Motion was made by Councilmember Stein, and seconded by Councilmember Bildsoe, to direct
the Planning Commission to conduct a public hearing to consider reguiding the two lots on the
east side of Cottonwood Lane from commercial to LA -1.
Councilmember Stein stated by reguiding the lots to LA -1, the City would have more control if
someone would purchase the properties and desires to reguide it to LA -2, LA -3, or LA -4.
Councilmember Black stated it would be difficult to support LA -2 due to the transit opportunities
in close proximity.
Mayor Johnson asked the Cavanaughs if they would be interested in a guiding higher than LA -1.
They stated that they would support LA -3 guiding.
Councilmember Willis stated that this could create a problem with Mr. Beacham to the north,
and it would make it difficult for that property to redevelop. He stated in due course, someone
will acquire those properties and request a higher density development.
Councilmember Bildsoe stated he prefers to leave the guiding consistent with the neighborhood
and let the market dictate what occurs in the future.
Councilmember Hewitt stated she doesn't support the motion, as the City shouldn't be reacting
to what the market gives the Council. Therefore, she doesn't view it proactive if the property
guides the lots to LA -1.
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Regular Meeting of May 9, 2006
Page 10 of 10
Councilmember Black stated both the LA -1 or LA -4 guidings aren't correct for this area. She
stated the LA -1 guiding is very temporary. She suggested this area be reviewed as part of the
Comprehensive Plan process and make it higher density that would save more of the trees.
Councilmember Slavik agreed that there isn't a good transition in this area. She stated she would
support the motion, but she would consider proposals with higher densities in the future.
There being no further discussion and with all members voting in favor but Hewitt, the motion
carried.
8.4) Contract for Emergency Vehicle Pre-Emption Project (5126)
Motion was made by Councilmember Willis and seconded by Mayor Johnson to adopt a
Resolution Awarding Contract for Emergency Vehicle Pre-Emption Project with an amendment
to the second item in the resolution to state "2005 General Surplus $40,000" (Res2006-195).
With all members voting in favor, the motion carried.
Report and Staff Recommendations
9.1) Legislative Update
There was no Legislative Update).
Adiournment
Mayor Johnson declared the meeting adjourned t 11:13 p.m.
andra R. Paulson, City Clerk