HomeMy WebLinkAboutCity Council Minutes 11-23-2004Adopted Minutes
Regular Council Meeting
November 23, 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 November 23, 2004.
COUNCIL PRESENT: Mayor Johnson, Councilmembers Black, Bildsoe, Hewitt, Slavik, Stein,
and Neset.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, Fire Chief Kline, Community Development Director
Hurlburt, City Engineer Quanbeck, Public Services Manager Qvale, Finance Director Hahn,
Communications Manager LaFave, Housing Manager Barnes, Park and Recreation Director
Blank, Police Chief Goldstein, City Attorney Knutson, and City Clerk Paulson.
Plymouth Forum
There was no one present to address the Council).
Presentations and Public Information Announcements
4.01) Presentation of Picture Plymouth Photo Contest Winners
Communications Manager LaFave presented this year's Picture Plymouth Photo Contest
winners. The Council congratulated the winners, and Communications Manager LaFave stated
the photos would be featured in the City's January newsletter and the City's website.
4.02) Wayzata High School Football
Councilmember Slavik congratulated the Wayzata High School Football team on their
accomplishment in participating in the State Football playoffs, and she wished them well in the
championship game on November 26.
4.03) Mayor's Housing Challenge
Mayor Johnson reported on the success of her Housing Challenge on November 19, and she
stated that donations are still being accepted.
Adopted Council Minutes
Regular Meeting of November 23, 2004
Page 2 of 11
Approval of Agenda
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to
approve the agenda. With all members voting in favor, the motion carried.
Consent Agenda
Mayor Johnson noted email correspondence received for item No. 6.04. Councilmember Slavik
requested that this item be removed from the Consent Agenda and placed under General
Business as item No. 8.05.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to
approve the amended Consent Agenda, which included the following items:
6.01) Minutes of the Regular Council Meetings on October 12, October 26, and November 9,
Special Council Meetings of November 9 and November 16.
6.02) Resolution Approving Disbursements for the Period ending November 12, 2004
Res2004-480).
6.03) Ordinance Amending the text of Chapter 21 of the Plymouth City Code relating to
Regulation of Exterior Lighting (2002046 — Ord2004-30) and Resolution Approving Findings of
Fact for Zoning Ordinance Text Amendment Related to the Regulation of Exterior Lighting
2002046 — Res2004-493).
6.04) (This item was removed and placed under General Business as item No. 8.05).
6.05) Resolution Approving a Conditional Use Permit for Outdoor Storage of Trailers for Red
Devil Equipment Co. located at 14900 21st Avenue North (2004134 — Res2004-481).
6.06) Ordinance Amending Chapter 10 of the Plymouth City Code Concerning Fees (Ord2004-
31).
6.07) Resolution Accepting Donation of a Shotgun from a Citizen, Retaining for City
Equipment and Designating Such for Use by the Police Department (Res2004-482).
6.08) Approve project to upgrade firing range facility at Fire Station No. 3.
6.09) Resolution Approving Request for Payment No. 3 and Final Deep Well No. 6
Maintenance Project (Res2004-483).
Adopted Council Minutes
Regular Meeting of November 23, 2004
Page 3 of 11
6.10) Resolution Approving Agreement for use of a Designated Area of the Parking Lot at
Plymouth Covenant Church for a Park -and -Ride (Res2004-484).
6.11) Resolution Appointing Individuals to Fill Vacant Terms on Various Boards and
Commissions (Res2004-485).
6.12) Resolution Appointing Council Coordinating Representatives and Representatives to
Other Agencies (Res2004-486).
6.13) Resolution Appointing Deputy Mayor for 2005 (Res2004-487).
Motion carried to approve the Consent Agenda.
Public Hearines
7.1) Tax Increment Financing for "The Shops at Plymouth Creels" located at the
northwest corner of Highway 55 and Vicksburg Lane (CSM, Inc.)
Housing Manager Barnes reported on the request of CSM, Inc. for tax increment financing (TIF)
for the "Shops at Plymouth Creek" located at the northwest comer of Highway 55 and Vicksburg
Lane. He stated the TIF proceeds would be used for road improvements, land acquisition (senior
housing site), pooling (affordable housing TIHAP account), bond interest payments, capitalized
interest, and administrative expenses for a total of $3,068,000.
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.
Motion was made by Councilmember Stein, and seconded by Councilmember Bildsoe, to adopt
a Resolution Relating to Redevelopment Project Area No. 1 and Tax Increment Financing
Redevelopment) District No. 1-1; Approving the Project Plan and a Tax Increment Financing
Plan Therefor (Res2004-489).
Councilmember Hewitt commented that she would support the motion. However, she would've
preferred that the developer would've paid a larger share of the road/intersection improvements.
There being no further discussion and with all members voting in favor, the motion carried.
General Business
8.05) Conditional Use Permit Amendment and Interim Use Permits at Plymouth Plaza
Shopping Center at 1455 County Road 101 (Minnesota School of Business - 2004113)
Adopted Council Minutes
Regular Meeting of November 23, 2004
Page 4 of 11
Councilmember Slavik noted the email correspondence that was received on this item and stated
that the complaint is that there aren't enough parking spaces for tenants and patients at this site.
Community Development Director Hurlburt stated there are reserved parking spaces near the
front entrance. She explained that the request of the applicant is based on the utilization of the
entire parking lot for the shopping center as well as the agreement with Messiah Methodist
Church. She stated if they would lose the shared parking agreements, staff could revoke the
Interim Use Permits.
Councilmember Slavik asked if the applicant could allocate some of the reserved parking spaces
for the clinic.
Don Baker, Director with the Minnesota School of Business, replied any of their tenants are
encouraged to inform that they need additional parking spaces.
Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe, to adop
a Resolution Approving Conditional Use Permit Amendment and Interim Use Permits at
Plymouth Plaza Shopping Center at 1455 County Road 101 (2004113 — Res2004-490). With all
members voting in favor, the motion carried.
8.1) Rezoning from FR) to RSF-1, Preliminary Plat, and Variances for "Sleepy Hollow
Woods" (Tradewind Concepts, Inc. — 2004078)
Community Development Director Hurlburt reported on the request of Tradewind Concepts, hie.
for rezoning from FRD to RSF-1, and approval of Preliminary Plat and Variances for "Sleepy
Hollow Woods" on property located at 18555 13`x' Avenue North. She explained the applicant
proposes to subdivide the existing five -acre parcel into five lots to be called "Sleepy Hollow
Woods." The existing home would remain and four additional homes would be constructed.
She stated at the Planning Commission's meeting on November 3, 2004, the Commission voted
unanimously to recommend approval of the rezoning, noting that the surrounding properties are
all zoned RSF-1; therefore, this would be appropriate zoning for the property. In a separate
motion, the Commission voted 3-3 (one member was absent) on the Rezoning, Preliminary Plat.
Mayor Johnson asked if all the criteria need to be met for approval of the Variances. Community
Development Director Hurlburt replied not all of the criteria might be specifically applicable to
each Variance application. Therefore, all of the criteria that the Council feels is applicable
should be met. She stressed that the burden of proof is on the applicant.
Councilmember Black asked regarding the Variance request, is the hardship due to the current
location of the house and private driveway. Community Development Director Hurlburt replied
the hardship is based on the width of the property and slopes as well as the wetland on the west
side of the property.
Adopted Council Minutes
Regular Meeting of November 23, 2004
Page 5 of 11
Cindy Hedberg, 18555 13"' Avenue North, stated she has tried to sell this property the past two
years, and she has had 20 to 30 inquiries from developers. She stated she feels this is the best
plan for the property, and she would like to sell the entire parcel. She stressed the importance of
maintaining the integrity of the neighborhood, protecting the trees, and saving the wetland. She
stated the Variances are needed in order to save the trees, protect the wetland, and to save her
home. There is a hardship due to the wetland, shape of her lot, and the location of her home.
There would be even a greater hardship if her home would be removed, as more of the mature
trees would need to be removed. The construction of a private drive to access the property
would eliminate the hardship.
She stated she feels the proposed development would enhance adjacent property values, as she
isn't removing an amenity from the neighborhood. She stressed that this is private property even
though a portion of it seems like a park setting. She indicated that she has never been
approached by any of her neighbors to purchase her property, nor have any of her neighbors
requested to see plans for her property. She noted that the neighbors conducted a meeting on this
project, and she wasn't invited. She stated she has been a very good neighbor for many years by
allowing the neighborhood to use her property for exploring and ice-skating. She spoke of her
neighbor, Gregg Leininger, 1225 Vagabond Lane North, who would have a substantial gain to
his property with the removal of the driveway to his property, as he would gain a triangular
section of property (1,575 feet). She noted the current placement of his playground stricture
within five feet of his driveway. She stated a new private drive would be safer. She stated
Tradewinds Concept has customized this site by being sensitive to her home and the wetland.
She feels the developer exceeds what the City requires for this new development. She requested
that the Council approve the requests.
Charlie Melcher, Quality Site Design, engineer for the project, illustrated the site and location of
the trees. He illustrated a previous sketch plan that involved moving Ms. Hedberg's home which
wouldn't require any Variances. He stated a four -lot subdivision with the existing house
preserves the integrity of the wetland and fewer trees would need to be removed. He noted that
with a shift in the retaining wall on the west side of the property, it would save even more trees.
Ward Krueger, builder, spoke of his experience as a homebuilder, developer, and real estate
agent. He stated he met with the residents of the Villages development, and they agreed to allow
the proposed "water loop." They also had concerns regarding the trees on Lot 2 and the retaining
wall on the west side of the property, but they feel they have addressed those concerns with the
latest modifications.
Councilmember Bildsoe asked if those modifications as well the conservation easement have
been discussed with staff. Mr. Melcher replied no. Community Development Director Hurlburt
added staff was aware of the conservation issue and the "water loop."
Gregg Leininger, 1225 Vagabond Lane, stated he didn't realize the placement of his playground
equipment was an issue; however, they could move that. He stated that Ms. Hedberg was invited
to the initial meeting that the neighborhood conducted with two members of the Council. He
Adopted Council Minutes
Regular Meeting of November 23, 2004
Page 6 of 11
stated they strongly oppose this development. They feel that this development violates the City's
design standard regulations. The new development would be connected to the neighborhood,
and everyone would be affected. Therefore, Ms. Hedberg should need to comply with the new
design standards. He stated rather than the proposed access for this property, which would be
adjacent to this property, there be another way to enter the property which he illustrated. He
stated the burden of proof that this development wouldn't negatively affect their property values
is on the property owner. He stated the project is contingent upon the granting of the Variances,
and he doesn't feel that it complies with all the criteria.
Kristin Taraszewski, 1125 Vagabond Lane, stated she is concerned about the retaining wall that
borders her property. She requested that that wall not affect the design characteristics and
verification of water flow. She stressed that any modification to the drainage in the area could
impact her home. Therefore, she requested information on the maintenance of the wall and
assurance that the wall would function properly in the long term.
Mr. Melcher and Mr. Krueger stated that an association would be formed to maintain those
amenities.
Julie Olson, 1210 Urbandale Lane, stated that this development wouldn't directly impact her.
However, she is concerned that Mr. Leininger would have three roads abutting his property.
Roger Cruzen, 18425 14th Avenue North, stated his view would be significantly altered with this
development. It was suggested that he fence his yard, which would be very expensive since he
has three-quarters of an acre. He stated he is concerned about safety in this neighborhood as well
as the fact that there isn't a neighborhood park, so they have to cross County Road 6 to get to a
park. He stated there are many unanswered questions surrounding this proposed development.
Scott Sustacek, 1215 Vagabond Lane North, stated the plans that have been submitted on this
project aren't complete. The developer hasn't addressed the drainage issues, and residents are
very concerned about the "unknowns" associated with this project.
Jane Ford, 1115 Vagabond Lane, stated the hardship of dividing and developing the property was
self-created by the original property owner, which the Hedbergs assumed when they purchased
the property. She stated this project would be detrimental to the families in Hadley Hills on the
west side of Vagabond as there would be an increase in traffic, safety concerns, and mosquito
breeding.
The Council took a 10 -minute break.
Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe, to adopt
a Resolution Deriving a Request for a Preliminary Plat and Variance fora Sin0e-Fnmi1v
North (2004078).
Adopted Council Minutes
Regular Meeting of November 23, 2004
Page 7 of 11
Mayor Johnson and Councihnembers Slavik and Bildsoe stated that they don't feel there is a
hardship, and there are other options available. They also noted how problematic private
driveways are for the City.
Councilmember Black stated the proposed plan is much more protective of the environment than
a different plan of the current property. She stated she would be voting against the motion.
COnneilmember Stein asked under what circumstances are private driveways allowed.
Community Development Director Hurlburt they are only allowed through a Variance;
otherwise, they aren't allowed, as all properties need to have public access via a public street.
Councilmember Stein stated that he agrees with Councilmember Black that this proposal would
maintain the character of the land versus what it could be. Councilmember Neset agreed;
however, he stated there is no hardship. Therefore, he would be supporting the motion.
Councilmember Hewitt stated that she would be supporting the motion as the private drive is a
concern, and the proposal doesn't meet the requirements for the granting of the Variances.
Councilmember Bildsoe acknowledged that there could be alternative plans for this property.
However, he is voting on the requests before the Council this evening.
Councilmember Slavik stated she feels there could be a better use for the property. She also
commented that there are a lot of details missing from the Preliminary Plat.
Councilmember Black reiterated that the proposal is the best plan from the environmental
prospective for this property. Another plan could require the removal of the existing home, and
there would be more density on the property to pay for that cost.
Ms. Hedberg requested to table the applications in order to present additional information on this
plan and the alternative plan.
Motion was made by Councilmember Black, and seconded by Councilmember Stein, to postpone
this item to January 11, 2005.
City Attorney Knutson stated if the applicant revises the plan, it would need to be referred to the
Planning Commission. The applicant could request, in writing, an extension of the timeline.
Councilmember Slavik reiterated that the proposal doesn't meet the hardship, and she doesn't
know how any new information could change that.
Councilmember Bildsoe asked Ms. Hedberg what the purpose of postponing the request is. Ms.
Hedberg replied that they wouldn't want to rezone the property if the Preliminary Plat and
Variances aren't approved. They would also like to clarify the issues that the neighbors have
raised and prove that this is a definite hardship as well as being the best plan for the house and
Adopted Council Minutes
Regular Meeting of November 23, 2004
Page 8 of 11
wetland. Mr. Melcher added they would like to show the Council the alternate plan for a six -lot
subdivision, which wouldn't require any Variance approvals. He stated he doesn't understand
how a Variance could be approved, or under what circumstances, if this current plan doesn't
meet that.
Mayor Johnson stated the Council's decision is based on the current plan not on what future
plans would be.
The Council voted on the motion and with Bildsoe, Hewitt, Slavik, and Johnson voting no, and
Black, Neset, and Stein voting yes, the motion failed.
Ms. Hedberg provided a written request to withdraw all three applications. No further action
was necessary or appropriate by the Council.
8.2) Site Plan and Variances for a Transit Station and 283 -Stall Parking Structure at
County Road 73 and State Highway 55 (City of Plymouth — 2004130)
Public Services Manager Qvale provided a presentation on the proposed transit station and
parking structure at County Road 73 and State Highway 55. She stated that the City's park and
ride lots are at 93% capacity, and there are no plans to extend that capacity other than this
proposed project. She stated according to their survey, 85% of the vehicles in the City's park
and ride lots are from City residents. She stressed the need for the City to look at the entire
transit system and a long-range plan for the system. She noted that it would be difficult to secure
funding from the State and the Metropolitan Council in the next five years if this facility isn't
approved.
Community Development Director Hurlburt discussed the Site Plan and illustrated the site and
the use of the adjacent properties. She noted the shorter setbacks from Highway 55 and County
Road 73, the setback on the east side of the property, and a Variance for two signs and the height
of the structure. She stated the property is irregularly shaped which creates a unique situation.
Therefore, the Variances are recommended for approval.
Public Services Manager Qvale illustrated the design of the facility, and she stated this is a very
good plan for a rather difficult site to develop. She discussed the funding agreement with the
State in the amount of $2.5 million. She stated the construction contract must be awarded prior
to June 2005. She stressed that there is a very tight budget and very little funds being committed
by the City, and if the project would be postponed to 2006, there could be an increase in the cost.
Mayor Johnson asked why the project is being phased. Jim Lasher, from LSA Design, replied
that there aren't enough funds to fund the entire project at this time.
Mayor Johnson asked what happens to the facility when Phase Two is constructed. Mr. Lasher
replied the facility would be closed four to seven months while that phase is being constricted.
Adopted Council Minutes
Regular Meeting of November 23, 2004
Page 9 of 11
Mayor Johnson asked how much Phase Two would cost and what would be the funding sources.
Mr. Lasher replied it would cost approximately $700,000, and they haven't identified a funding
source.
Mayor Johnson asked if there is a need for Phase Two, wouldn't it be better to construct it all
now rather than closing down the facility.
Public Services Manager Qvale stated the immediate need is for Phase One. There could be
another site in the fixture that the City could have a transit interest in. Therefore, she suggested
that the Council not make the assumption this evening that Phase Two is definite. Community
Development Director Hurlburt added that the approval is valid for six years from the date of
approval and that could be extended another year if necessary.
Councilmember Bildsoe stated he appreciates the fimding from the State; however, he is
concerned about the necessity and placement of the facility. He stated currently, this park and
ride lot is only half full, and he also realizes that there would be a shortage of transit facilities by
the year 2020 in the metropolitan area. He stated it would seem that a more central location in
the City would be better for this facility rather than at an entrance to the City. He stated perhaps
the City should be adding more buses and not transit stations.
Mayor Johnson disagreed and stated that his location is a logical site for this facility as people
wouldn't want to travel from the east side of the City to the west to board a bus. If there would
be more buses, there would need to be more parking spaces. If the Council desires to improve
transit opportunities, this property is available and doesn't need to be acquired. She stated the
timing of this project is critical, and there is the funding available. She noted that she is more
concerned about the phasing of the project.
Councilmember Bildsoe stated the City has a successful transit system, and the City shouldn't be
penalized for not accepting State funds. He stated he isn't convinced that this is the best location
for this facility when the lot is only half full the majority of the time.
Councilmembers Hewitt and Stein voiced their support for the project.
Mr. Lasher stated their firm also did the Burnsville, Apple Valley, Eagan, and Eden Prairie
facilities, and there needs to be access for park and ride facilities to thrive. He stated the basic
location of the facility allows for a better circulation of the entire intersection area. He stated the
location of the transit stations in the above communities are on the edge of their communities as
well.
Councilmember Slavik asked staff if they know the percentage of Plymouth residents who utilize
transit. Public Services Manager Qvale replied 420,000 rides are provided per year.
Councilmember Slavik stated spending $3 million is substantial, and the City needs to expend
those funds very wisely. She stated it concerns her if the Plymouth ridership is a small
Adopted Council Minutes
Regular Meeting of November 23, 2004
Page 10 of 11
percentage of the population. Therefore, she agrees with the concerns expressed by
Councilmember Bildsoe.
Councilmember Slavik stated regarding the trail component of the project, she suggested that the
175,000 that was to be expended on that from park dedication funds be used elsewhere in the
City, i.e. along County Road 24.
Mr. Lasher discussed with the Council the grade elevations of the property and the height of the
structure.
Bruce Thompson, 11018 Old County Road 15, voiced his concern on the Site Plan and height
and setback Variances, and he stated if this structure is constructed, it's going to be difficult to
predict or control how people react to transit. He stated currently the lot is only 50-75% full. He
stated this site doesn't have direct access to a limited access highway such as the Maple Grove,
Burnsville, Eden Prairie facilities where their facilities were constructed on vacant land. He
believes that this is too much of a facility for this site.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Neset, to adopt a
Resolution Approving a Site Plan Amendment and Variances to allow Construction of a Transit
Station and Structured Parking Garage for Property located at the Intersection of Highway 55,
South Shore Drive and County Road 73 (2004130 — Res2004-491).
Councilmember Stein stated if the facility were convenient, people would use it. He stated this is
a good site due to the senior citizens and apartments in the area. He also stated that he likes the
architecture of the building.
Councilmember Bildsoe stated he wouldn't be supporting the motion, as he isn't convinced that
this project warrants the spending of the funds.
Councilmember Slavik stated that she is concerned about the park dedication funds proposed to
be allocated for the trail. She suggested that the funds come from the transit funds.
Motion was made by Councilmember Slavik, and seconded by Mayor Johnson, to amend the
main motion that transit funds be used for the trail component rather than mark dedication funds.
With all members voting in favor, the motion carried.
The Council voted on the amended main motion and with Black, Neset, Hewitt, and Stein voting
yes, and Bildsoe, Slavik and Johnson voting no, the motion carried.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Black, to adopt a
Resolution Approving Cooperative Agreement to construct a Park and Ride Facility with the
State of Minnesota for Station 73, Plymouth Metrolink, (3125 — Res2004-492). With all
members voting in favor but Bildsoe and Slavik, the motion carried.
Adopted Council Minutes
Regular Meeting of November 23, 2004
Page 11 of 11
Reports and Staff Recommendations
There were no Reports and Staff Recommendations).
Adiournment
Mayor Johnson adjourned the meeting at 10:50 p.m.
kk, ,j
andra R. Paulson, City Clerk