HomeMy WebLinkAboutCity Council Minutes 07-27-2004Adopted Minutes
Regular Council Meeting
July 27, 2004
Mayor Johnson 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 July 27, 2004.
COUNCIL PRESENT: Mayor Johnson, Councilmembers Bildsoe, Stein, Black, Hewitt, Slavik,
and Neset.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, Deputy Fire Chief Hurr, Community Development
Director Hurlburt, Public Works Director Faulkner, Finance Director Hahn, Park and Recreation
Director Blank, Police Chief Goldstein, Housing Manager Barnes, City Attorney Knutson, and
City Clerk Paulson.
Plymouth Forum
Judy Luedke, 17910 County Road 47, discussed the 2004 Metropolitan Council Regional
Development Report. She explained that in this report, there is a portion of the City that
wouldn't be developed until 2040, which is the area where she owns property. She stated the
Metropolitan Council constructed eight miles of sewer line at a cost of $7,125,000 that went
through Northwest Plymouth. She stated many of the large landowners in Northwest Plymouth
would like to develop their properties, but have been told by the City that they can't. She stated
the sewer line went through her property, and many of her trees had to be removed. She noted
that County Road 47 and Vicksburg Lane are in need of improvements, and she heard that the
City is looking to switch County Road 47 and Peony Lane with the County. She stated the
Plymouth City Council decides when this area is to develop, and she requested that they allow
this area to develop. She stated there already has been a large investment with the cost of
constructing the sewer line in this area.
Mayor Johnson thanked Ms. Luedke for addressing the Council and stated that the City would
decide when the Northwest Plymouth area would be developed. She noted that the Northwest
Plymouth area would be reviewed in the future when the Comprehensive Plan is updated in
2008.
Rosanna Luskey-Zimmerman, 11907 23rd Avenue North, stated they recently received
correspondence from the City requesting them to remove their dock and boat from Medicine
Lake. If it weren't removed in two weeks, the City would remove it and bill them for the
removal. She requested that they be allowed to continue the use of the lakeshore. She stated
having access to the lake has provided her family with a higher quality of life. She stated they
Adopted Council Minutes
Regular Meeting of July 27, 2004
Page 2 of 10
don't understand why access to the lake has become an issue. She suggested that the City deed
the small access area of lakeshore to them.
Mayor Johnson thanked Ms. Luskey-Zimmerman for addressing the Council and stated that staff
would contact her.
Presentations and Public Information Announcements
4.01) Update on Chemical Explosion
Deputy Fire Chief Hurr provided an update on the chemical explosion that occurred on July 26.
Approval of Agenda
Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to
approve the agenda. With all members voting in favor, the motion carried.
Consent Agenda
City Manager Ahrens stated regarding item No. 6.17, the Council discard the Resolution
ordering readvertisement of bids as staff has determined that it would be more better to rebid the
project next year.
Councilmember Black commented on the communication received from a resident on the
addition of two parking spaces for item No. 6.10.
Councilmember Bildsoe asked regarding item No. 6.12, if the overlay improvement for Carlson
Parkway up to Minnetonka is warranted, or if it's more for visual effect. Public Works Director
Faulkner replied this project was discussed with the City of Minnetonka a few years ago, and the
project is basically for consistency. Councilmember Bildsoe requested that this be reviewed
again when the Council considers the bids. He stated he doesn't believe that these section of
roadway needs to be reconstructed. Councilmember Black agreed.
Councilmember Slavik made a name correction on page 11 of the July 13 minutes (6. 10).
She requested that for item No. 6.15, the language be added to the agreement for damage by
snowplows. Without objection, this amendment was made.
Councilmember Black registered a no vote for item No. 6.07.
Adopted Council Minutes
Regular Meeting of July 27, 2004
Page 3 of 10
Motion was made by Councihnember Black, and seconded by Councilmember Slavik to
approve the amended Consent Agenda, which included the followingitems: ems
6.01) Minutes from the Regular Meeting conducted on July 13 (as amended).
6.02) Resolution Approving Disbursements for the Period Ending July 16, 2004 (Res2004-
279).
6.03) Ordinance Amending the Text of Chapter 21 of the Plymouth City Code, entitled the
Plymouth Zoning Ordinance, to add "Medical, Dental, and Chiropractic Offices and Clinics" as a
Permitted Use in the C-3 District (2004063 — Ord2004-11), and a Resolution Approving
Findings of Fact for a Zoning Ordinance Text Amendment to Section 21465.03 to allow
Medical, Dental, and Chiropractic Offices and Clinics" as a Permitted Use in the C-3 District
2004063 — Res2004-280).
6.04) Resolution Approving a Variance to allow Construction of a Detached Garage in the
Front Yard for Property located at 15325 9`h Avenue North (2004030 — Res2004-281).
6.05) Resolution Approving a Conditional Use Permit for Sales and Rental of Skid -Loaders in
the I-2 District for Property located at 5505 State Highway 169 (2004047 — Res2004-282).
6.06) Resolution Approving Conditional Use Permit to allow Installation of a Monopole
Antenna Tower and Related Ground Equipment for Voicestream Minneapolis, Inc. d/b/a T -
Mobile in the Forestview Lane Right -of -Way located South of Highway 55 (2002103 —
Res2004-283).
6.07) Resolution Approving a Variance for Bradley and Diane Hesslund for Property located at
3220 Pineview Lane North (2004060 — Res2004-284).
6.08) Resolution Approving Certificate of Exemption and Authorizing the Mayor to sign the
Certificate of Exemption form for Ed Svetc's Property, 5330 North Vicksburg Lane (Res2004-
285).
6.09) Resolution Awarding Bid for Lift Station Telemetry System Upgrade (3119 — Res2004-
286).
6.10) Resolution Awarding Bid for 2004 Street Mill and Overlay Improvements (Part 1) (4111
Res2004-287).
6.11) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for
Water Treatment Plant Improvement (2032 — Res2004-288).
Adopted Council Minutes
Regular Meeting of July 27, 2004
Page 4 of 10
6.12) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for
2004 Mill and Overlay Improvements (Part 2) (4115 — Res2004-289).
6.13) Resolution Approving Change Order No. 1 for Trunk Watermain Extensions Project
3124 — Res2004-290).
6.14) Resolution Approving Change Order No. 1 for Well No. 14 Drilling Improvements
Project (2027 — Res2004-291), and a Resolution Approving Request for Payment No. 7 and Final
for Well No. 14 Drilling Improvements Project (2027 — Res2004-292).
6.15) Resolution Approving Encroachment Agreement for Retaining Wall Construction at
10720 35 h Avenue North (Res2004-293).
6.16) Resolution Ordering Improvement and Preparation of Plans and Specifications for Bass
Lake Playfield Drainage Way Project (3131— Res2004-294).
6.17) Resolution Rejecting Bid for Met Council Environmental Partnership Grant for Best
Management Practices (4119E — Res2004-295).
6.18) Resolution Adopting Assessments for 2004 Street Reconstruction for Burl Oaks Area
Res2004-296), and a Resolution Adopting Assessments for 2004 Street Reconstruction for the
Kingsview Area (4102 — Res2004-297).
6.19) Resolution Authorizing the City Manager and the Police Chief to conduct the 2004 Deer
Management Program (Res2004-298).
6.20) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment for Delinquent Water, Sewer, Recycling, Surface Water Fee, and Street Lighting
Service Charges (Res2004-299), and a Resolution Calling for Public Hearing on Proposed
Assessment for Delinquent Water, Sewer, Recycling, Surface Water Fee, and Street Lighting
Service Charges (Res2004-300).
6.21) Acceptance of Second Quarter 2004 Financial Report.
6.22) Ordinance Amending Chapters X and XI of the Plymouth City Code concerning
Gambling (Ord2004-12).
6.23) Resolution Awarding Bids for Electric Zamboni (Res2004-301).
6.24) Resolution Authorizing the Mayor and City Manager to Sign Center Island Maintenance
Agreements with Seven Property Owners along Kingsview Lane, 2004 Street Reconstruction
Project (4102 — Res2004-302).
Adopted Council Minutes
Regular Meeting of July 27, 2004
Page 5 of 10
The motion carried to approve the amended Consent Agenda.
Public Hearings
7.1) Vacation of Drainage and Utility Easements within Blocks 2 and 3 of The Fields of
Nanterre
Public Works Director Faulkner reported on the request to vacate drainage and utility easements
within Blocks 2 and 3 of The Fields of Nanterre.
Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe, to adopt
a Resolution Authorizing the Vacation of Drainage and Utility Easements within Blocks 2 and 3,
The Fields of Nanterre (Res2004-303), and a Resolution Setting Conditions to be met prior to
filing of Resolution No. 2004-303, Vacating Drainage and Utility Easements within Blocks 2
and 3, The Fields of Nanterre (Res2004-304).
Mayor Johnson opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Johnson
declared the public hearing closed.
With all members voting in favor, the motion carried.
7.2) Assessment Hearing for 2004 Street Reconstruction, Burl Oaks Property at 17205 5"
Avenue (4102)
Public Works Director Faulkner reported on the proposed assessment for 17205 5`" Avenue
North that was inadvertently left out of the official assessment public hearing notice on June 22
for the 2004 street reconstruction project.
Mayor Johnson opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Johnson
declared the public hearing closed.
Burl Oaks Area (4102 — Res2004-305). With all members voting in favor, the motion carried.
General Business
Adopted Council Minutes
Regular Meeting of July 27, 2004
Page 6 of 10
8.1) Consider Rezoning from FRD to B -C, Preliminary Plat, Site Plan, Conditional Use
Permit, and Variances for 11 -Unit Office Condominium Development (Mohagen Hansen
Architectural Group — 2004051)
Community Development Director Hurlburt reported on the request of Mohagen Hansen
Architectural Group for rezoning from FRD to B -C, Preliminary Plat, Site Plan, Conditional Use
Permit, and Variances for a proposed town office development consisting of 11 office units
totaling 36,206 square feet in three two-level town office condominium buildings, for the 3.64 —
acre parcel located south of Old Rockford Road and west of Peony Lane. She stated this type of
office development is fairly new, and she stated there are similar developments in the City on
Fembrook Lane, Plymouth Boulevard, and fronting I-494. She explained the plat would create
two lots with a stub of a public street to 45th Avenue. She stated at the Planning Commission
meeting, comments and correspondence were received from residents regarding traffic, safety,
lighting, signage, landscaping, and screening. She stated the City recently studied this area, and
for many years the property was guided as commercial. When the Comprehensive Plan was
updated, the property was guided as commercial office.
She stated since the Planning Commission meeting, the developer has provided more detailed
signage information. She explained the signs on the building wouldn't be backlit in order to
maintain the residential character of the buildings. Regarding the landscaping concerns, there
would be additional screening on the property for the Plum Tree development to the north of this
property. She stated there were also discussions on traffic and access to this site. Old Rockford
Road is a collector street and would accommodate traffic to this development. A resident had
raised the question whether there could be a four-way stop on Old Rockford Road and 45th
Avenue, and staff believes that the traffic counts wouldn't warrant a four-way stop. Regarding
school bus stops, staff contacted the Wayzata School District, and they don't stop on Old
Rockford Road.
Councilmember Hewitt requested that evergreens be planted along the north property line versus
the deciduous trees that are in the landscape plan.
She asked what steps would need to be taken to install a four-way stop at 45th Avenue and Old
Rockford Road. Public Works Director Faulkner replied that would be outside the City's traffic
calming program, so the intersection would be studied based on traffic counts.
Councilmember Slavik asked if the southern portion of this site would develop, would the main
access also be 45th Avenue. Community Development Director Hurlburt replied yes.
Councilmember Slavik stated it appears that the school district picks up youth in walk zones on
the way to the high school, as a favor to the students. Community Development Director
Hurlburt stated it appears there are different practices for elementary versus high school students.
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Regular Meeting of July 27, 2004
Page 7 of 10
Councilmember Hewitt offered to contact the school district to clarify this issue.
She asked if there could be temporary signage on the buildings, i.e. "space for lease."
Community Development Director Hurlburt replied the Zoning Ordinance does allow for special
event type signage where this would apply in commercial areas. They would need to comply
with the ordinance requirements, and there are limits.
Mayor Johnson asked if the size of the berm could be increased. Community Development
Director Hurlburt replied there is only approximately 20 feet between the curb and right-of-way
in addition to the sewer lines, so there wouldn't be ample room. This is why a hedge is being
proposed as part of the landscaping on the berm.
Mayor Johnson asked the applicant if it would be acceptable to them to add evergreen trees to
the berm.
Todd Mohagen, representing the developer, stated that would be a detriment to the project. He
stated there was previous action to screen the Plum Tree development from the commercial area.
He stated the trees proposed are within the requirements of the Zoning Ordinance. He stressed
that this site would be an office development, and people desire visibility. He stated that the
height of evergreens would eventually be 40 feet, and that would limit the visibility to the site by
20%. He noted that the elevation of the site is designed so that it fits within the residential
neighborhood. Therefore, the buildings wouldn't have the appearance of office buildings, but
more like residential structures. He stated that they would allow residents of the Plum Tree
development to purchase trees to enhance their berm at a discounted rate while this project is
being developed.
Brian Harles, 18120 45`h Avenue North, complimented the developer on the proposed
development for this site, and he stressed that they only desire a nice buffering between the Plum
Tree development and this development. He suggested that there could be a mixture of
evergreen and deciduous trees. He added that high school students are picked up on Old
Rockford Road.
Joyce Martin, 10801 Lawrence Avenue Northwest, Annandale, owner of the property, thanked
everyone for his or her work on this development. She suggested that the residents of the Plum
Tree development plant a mixture of evergreen and deciduous trees on their berm.
Judy Luedke, 17910 County Road 47, stated hearing this debate on what types of trees are
incorporated into this development is hard for her due to trees being removed on her property for
the sewer line in Northwest Plymouth.
Councilmember Slavik asked if staff reviewed potential impacts with the access off 45"' Avenue
if the southern portion of the commercial area develops. Community Development Director
Adopted Council Minutes
Regular Meeting of July 27, 2004
Page 8 of 10
Hurlburt replied yes, and she stated 45`11 Avenue would be able to accommodate the traffic with
the full development of the commercial property.
Motion made by Councilmember Black, and seconded by Councilmember Stein, to adopt an
Ordinance Amending Chapter 21 of the City Code to Classify Certain Land located South of Old
Rockford Road and West of Peony Lane (2004051 — Ord2004-13, Resolution Approving
Findings of Fact for the Rezoningoff Property located South of Old Rockford Road and West of
Peony Lane (2004051 — Res2004-306), and a Resolution Approving a Preliminary Plat for
Mohagen/Hansen Architectural Group for "Plymouth Office Plaza," for Property located South
of Old Rockford Road and West of Peony Lane (2004051— Res2004-307). With all members
voting in favor, the motion carried.
Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adopt a
Resolution Approving Site Plan, Conditional Use Permits, and Variances for Mohagen/Hansen
Architectural Group for "Plymouth Office Plaza," located south of Old Rockford Road and West
of Peony Lane (2004051 — Res2004-308).
Motion was made by Councilmember Hewitt, and seconded by Councilmember Slavik, to amend
Condition No. 13 to substitute evergreen trees for the maple trees on Old Rockford Road.
Councilmember Stein stated that the project needs visibility. He would support a mixture of
deciduous and evergreens, but not entirely evergreens.
Councilmembers Bildsoe and Black agreed with Councilmember Stein.
Councilmembers Hewitt and Slavik withdrew their motion.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Black, to amend
Condition No. 13 to state that there would be 10 evergreens and seven maple trees along Old
Rockford Road.
The developer's architect recommended that there be 40% evergreens and 60% deciduous trees,
as more groupings would be needed for the deciduous trees.
There being no further discussion and with all members voting in favor except Johnson, the
motion carried.
The Council voted on the amended main motion and with all members voting in favor, the
motion carried.
Councihnember Hewitt requested that there be a traffic study at the 45`11 Avenue and Old
Rockford Road intersection. Public Works Director Faulkner suggested that there be a study a
year after the development is in so that the warrants would be closer.
Adopted Council Minutes
Regular Meeting of July 27, 2004
Page 9 of 10
8.2) Consider Sale of City -Owned Property at the Southwest Corner of Northwest
Boulevard and Schmidt Lake Road
Housing Manager Barnes discussed each of the proposals received from Dominium
Development, Heritage Development, and SVK Development for the purchase of City -owned
property located at the southwest corner of Northwest Boulevard and Schmidt Lake Road. He
stated that the Housing and Redevelopment Authority (HRA) recommended that the Council
accept the offer from Heritage Development in the amount of $700,000. Community
Development Director Hurlburt added the appraised value of the property was $890,000, which
was the value of the land before deducting the road right-of-way. Therefore, Heritage
Development's proposal is very close to the appraised value.
Pat Murray, 504 Kingsview Lane, stated he is a member of the Plymouth Affordable Housing
Task Force, and they would encourage the Council to sell the property at the best price available,
but it should be developed in accordance with the City's ordinances. He noted that Heritage
Development's proposal is that six units or 20% of the development would be affordable to
households at 80% of the median income or below, and they are unsure if the City could require
developers to comply with the 21 % affordability according to the Comprehensive Plan. He
requested that this threshold be a condition of the sale.
City Attorney Knutson stated that requirement could be made part of the purchase agreement.
Councilmember Black asked what the City's recourse is if that affordability condition wouldn't
be met. City Attorney Knutson replied that condition would be enforceable, and if they didn't
comply, there would be legal action.
Mayor Johnson asked if the project wouldn't materialize, would the City regain control of the
property. City Attorney Knutson replied whoever would own the property would be subject to
the terms and conditions. If there would be a default situation, the financial institution would be
the owner of the property and would be subject to the same terms and conditions as the City
would have with Heritage Development.
Councilmember Stein stated that according to Heritage Development's proposal, their
commitment to affordability on this project is not contingent upon receiving assistance.
Therefore, if they were to receive public financing/subsidy, could the City require them to add a
seventh affordable housing unit?
Mayor Johnson commented she wouldn't want to commit assistance to this property if there
would be a better return elsewhere in order to buy down affordability rather than adding an
affordable seventh unit.
Adopted Council Minutes
Regular Meeting of July 27, 2004
Page 10 of 10
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt
a Resolution Approving Sale of City Owned Property at the Southwest Corner of Northwest
Boulevard and Schmidt Lake Road, PID 10-118-22-42-0001, to Heritage Development for
700,000 (Res2004-309). With all members voting in favor, the motion carried.
8.3) Consider whether to Recommend Special Legislative Session to address LGA Issue
Mayor Johnson noted that at the Special Meeting held earlier this evening, the Council
recommended scheduling a meeting with area legislators and candidates either on September 20
or September 21.
She stated she would be sending a letter to Governor Pawlenty on behalf of the Council thanking
him for certifying the 2005 local government aid distribution based on legislative intent.
Reports and Staff Recommendations
There were no Reports and Staff Recommendations).
Adiournment
Mayor Johnson adjourned the meeting at 8:43 p.m.
Sandra R. Paulson, City Clerk