HomeMy WebLinkAboutCity Council Minutes 12-14-2004Adopted Minutes
Regular Council Meeting
December 14, 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 December 14, 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 Faulkner, Finance Director Hahn, Sewer and Water Supervisor Young,
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) Opening Event for the Third of Sheet
Mayor Johnson reported on the opening event for the third sheet of ice on December 18 at 12:45
p.m.
4.02) Bob's Sleep Out
Mayor Johnson reported on the success of this year's Bob's Sleep Out Event, and she stated they
have currently raised $1,100,000, which is $200,000 short of their goal. She noted that
individuals could still make donations.
Approval of Agenda
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik, to
approve the agenda. With all members voting in favor, the motion carried.
Adopted Council Minutes
Regular Meeting of December 14, 2004
Page 2 of 9
Consent Agenda
Motion was made by Councihnember Black, and seconded by Councihnember Bildsoe, to
approve the Consent Agenda, which included the followingitems: ems:
6.01) Minutes of the Special Council Meetings of November 23 and December 8, and Regular
Council Meeting of November 23.
6.02) Resolution Approving Disbursements for the Period ending December 3, 2004 (Res2004-
494).
6.03) Resolution Approving 2005 Amusement Licenses (Res2004-495).
6.04) Resolution Approving 2005 Tobacco Licenses (Res2004-496).
6.05) Resolution Approving Gasoline Service Station Licenses for 2005 (Res2004-497).
6.06) Resolution Approving a Site Plan Amendment and Variances to allow a Parking Lot
Expansion at the Tile X Design Building on Property located at 1725 Xenium Lane (20 04135—
Res2004-498).
6.07) Resolution Approving Final Plat for CSM Equities, LLC for Property located at -the
Southwest Corner of State Highway 55 and Vicksburg Lane (2004112-17 — Res2004-499).
6.08) Ordinance Amending Chapter 21 of the Plymouth City Code, entitled the Plymouth
Zoning Ordinance, to allow Additional Uses in the Industrial Districts (2004018 — Ord2004-32),
and a Resolution Approving Findings of Fact for Zoning Ordinance Text Amendment Regarding
the Industrial Zoning Districts (2004018 — Res2004-500).
6.09) Resolution Approving Change Order No's. 1 and 2 for 2004 Mill and Overlay Project
4111—Res2004-501).
6.10) Resolution Approving Payment No. 9 for Schmidt Lake Road Bridge and Street
Improvements (2021 — Res2004-502).
6.11) Resolution Approving Target and Trap Shoot License for Plymouth Gun Club (Res2004-
503).
6.12) Resolution Approving a Conditional Use Permit to allow Construction of an 8 -foot High
Fence for Property located 324 Vinewood Lane North (2004132 — Res2004-504).
6.13) Resolution Requesting for Payment No. 3 and Final Trunk Watermain Extensions for
Improvement No. 3124 (Res2004-505).
Adopted Council Minutes
Regular Meeting of December 14, 2004
Page 3 of 9
6.14) Resolution Approving Change Order No. 1 for 15`h Avenue Storm Sewer project (3130 —
Res2004-506).
6.15) Resolution Approving Payment No. 2 and Final 2004 Trail Project for Nathan
Lane/Highway 55 Frontage Road (4113 — Res2004-507).
6.16) Resolution Approving Engineering Services Agreement and Order Preliminary
Engineering Report for Trunk Watermain Extension between Vicksburg Lane and Dunkirk Lane
4144 — Res2004-508).
6.17) Resolution Ordering Preliminary Engineering Report for 2005 Street Reconstruction
Project (5101— Res2004-509).
6.18) Resolution Approving Encroachment Agreement for Existing Boulder Retaining Wall
constructed on Lot 3, Block 1, Faber Place, 12200 29`h Avenue (Res2004-510).
6.19) Resolution Establishing 2005 Pay Schedule for Members of the Plymouth Fire
Department (Res2004-511).
6.20) Resolution Authorizing the Purchase of an Additional Speed Trailer (Res2004-512)
6.21) Ordinance Amending Chapters of the City Code to Revise the Cash Fee Payment in Lieu
of Land Dedication for Parks and Open Space (Ord2004-33).
6.22) Resolution Approving Institution Community Work Crew Program (Res2004-513).
6.23) Resolution Approving a Final Plat for Heritage Development of Minnesota for "Plymouth
Crossing," a 30 -Unit, Multiple -Family Development located on the Southwest Corner of the
Intersection of Schmidt Lake Road and Northwest Boulevard (2004116F — Res2004-514), and a
Resolution Adopting Assessments for City Project No. 4146, Sanitary Sewer and Watermain
Area for Plymouth Crossing (Res2004-515).
6.24) Resolution Approving Change Orders on the Ice Center Project No. 3129 (Res2004-516).
6.25) Resolution Establishing Regular City Council Meeting Dates for 2005 and Establishing
2005 Board of Equalization Meeting Dates (Res2004-517).
6.26) Resolution Approving 2005 Tobacco License for Paradise Liquors (Rcs2004-518).
6.27) Resolution Awarding Bid for Vicksburg Lane Underground Reservoir Project (3108 —
Res2004-519), and a Resolution Awarding Bid for Vicksburg Lane Pumping Station (3108 —
Res2004-520).
Adopted Council Minutes
Regular Meeting of December 14, 2004
Page 4 of 9
6.28) Resolution Approving 2005 Pay and Compensation for Non -Represented Employees
Res2004-521).
6.29) Resolution Approving the 2005 Monthly Contribution to Health and Dental Insurance,
Deferred Compensation and VEBA Trust Contributions for Non -Represented City Employees
Res2004-522).
Councilmember Hewitt noted that regarding Item No. 6.07, the right-of-way Vacation for
Medina Road would be discussed at the December 28 Council Meeting.
Regarding item No. 6.27, Councilmember Bildsoe noted that the bids came in higher than what
was estimated; however, he thanked staff for all their work on this project. Councilmember
Slavik asked why the addition of $180,000 to increase the weight bearing capacity of the
reservoir wasn't included as part of the original bid. City Engineer Faulkner clarified it was part
of the original bid, but it was an item that staff identified in the review of the plan.
Councilmember Black asked if the proposed 2005 Regular Council Meeting schedule is
acceptable with newly elected At Large Councilmember Jim Willis. City Manager Ahrens
replied yes.
Mayor Johnson noted that on item No. 6.08, the new uses don't include places of worship, but
that is being reviewed further.
Motion carried to approve the Consent Agenda.
Public Hearings
7.1) Off -Sale Intoxicating Liquor License for DNT Liquors 4, Inc., d/b/a Paradise
Liquors, 12 Nathan Lane
City Clerk Paulson reported on the request of DNT Liquors 4, Inc. for an Off -Sale Intoxicating
Liquor License for Paradise Liquors, 12 Nathan Lane.
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 Slavik, and seconded by Councilmember Hewitt, to adMtt
a Resolution Approving Off -Sale Intoxicating Liquor License for DNT Liquors 4 Inc. d/b/a
Paradise Liquors, 12 Nathan Lane (Res2004-523). With all members voting in favor, the motion
carried.
Adopted Council Minutes
Regular Meeting of December 14, 2004
Page 5 of 9
General Business
8.01) Adopt 2005 Budgets and Tax Levies
Finance Director Hahn reported on the proposed 2005 budget and tax levies. He noted the three
study sessions that the Council conducted on the proposed 2005 budget as well as the December
6 "Truth in Taxation" hearing.
Motion was made by Councihnember Stein, and seconded by Councihnember Bildsoe, to adopt
a Resolution Adopting 2005 Budgets (Res2004-524) and a Resolution Approving Property Tax
Levies for Taxes Payable in 2005 (Res2004-525). With all members voting in favor, the motion
carried.
8.2) Environmental Assessment Worksheet (EAW) for Taryn Hills Development
Lundgren Bros. Construction, Inc. — 2004070)
Community Development Director Hurlburt reported on the proposed development by Lundgren
Bros. Construction, Inc. on 237.8 acres lying east of Vicksburg Lane, and north and south of
County Road 47. She explained the Minnesota Environmental Review Program rules require a
mandatory Environmental Assessment Worksheet (EAW) for developments that equal or exceed
250 single-family units, 375 attached units; or 300,000 square feet of commercial use. She stated
the proposed development indicates 122 single-family homes, 644 attached (townhouse) units for
various income levels, and approximately 48,000 square feet4 of commercial uses.
Consequently, the project exceeds the mandatory threshold and required preparation of an EAW.
She stated the City is responsible for preparing the EAW and determining the potential for
significant environmental effects. There is a 30 -day comment period after it has been prepared.
For this project, the 30 -day comment period expired on November 24. After the close of the
comment period, staff and the applicant prepare responses to the comments received for
consideration by the Council.
She gave an overview of the EAW and stated that it identified impacts to traffic, water resources
shoreland for Lake Camelot, floodplain, need for water quality ponds, and wetlands), erosion
and sedimentation. She stated the EAW included a traffic study indicating that, with some
planned improvements, County Road 47 and Vicksburg Lane could accommodate the 2010 build
conditions — which includes the additional traffic generated by this proposed development. In
the future, County Road 47 and Vicksburg Lane are expected to be upgraded to three or four -
lane roadways with medians and tum lanes, in order to accommodate anticipated growth for this
general region. The upgrade of these roadways is not included in the current five-year Capital
Improvements Programs of either Hennepin County or the City's. Nevertheless, the County and
the City are beginning to study the future alignment and geometries of County Road 47 and
Vicksburg Lane. The developer would be required to dedicate the right-of-way needed to allow
realignment and expansion of these roadways. The developer would also be responsible for all
Adopted Council Minutes
Regular Meeting of December 14, 2004
Page 6 of 9
transportation improvements needed to ensure safe and convenient traffic flow and access for the
proposed development.
She explained the traffic study also included an operational analysis which examined the existing
intersections that would be most affected by the project (County Road 47 and Vicksburg Lane,
and County Road 47 and Northwest Boulevard). The traffic study also examined the impact on a
future intersection at County Road 47 and Cheshire Lane, which would be a signalized
intersection scheduled for construction in 2006. The traffic study shows that in 2010 (one year
after complete development of the project), the three intersections would operate at an overall
acceptable level of service with a number of traffic improvements. Several of the transportation
improvements identified in the study would be needed regardless of the project (i.e. the four-way
stop at County Road 47 and Vicksburg Lane would become a signalized intersection spring
2005).
She noted that a noise analysis was performed to assess traffic noise levels in the area and to
determine what effect the proposed development would have on future noise levels. She stated
there would be impacts to the housing units within the development, but the noise impacts could
be mitigated by landscaping and berming along Vicksburg Lane and County Road 47 where
appropriate and feasible, or through construction methods (i.e. extra window panes, extra wall
insulation, ridge vents) to reduce sound transmission through the affected housing units.
Councilmember Hewitt asked how many housing units are in the Reserve development.
Community Development Director Hurlburt replied approximately 997 units on half the land
area of this development. She stated that development also required a mandatory EAW, but not
an Environmental Impact Statement.
Councilmember Hewitt asked Dave Montebello, SRF consultant, about the traffic study they
conducted in this area and why July and August are the high volume months for traffic when
schools aren't even in session. Mr. Montebello confirmed that July and August are the highest
volume months especially if you're not adjacent to a school or have specific traffic generators.
He noted that they did a recount yesterday, and the traffic volumes were 20% higher over the
July figures. However, that doesn't change their recommendation in their report. The analysis
and reports are all still within the limits. He stated on any given day there would be fluctuation.
Councilmember Hewitt asked what the status is of the stoplight at County Road 47 and
Vicksburg Lane. City Engineer Faulkner replied there is a concept drawing with the County, and
it would be a temporary signal. It's proposed that the project would be bid and constructed late
spring. He added that left turn lanes would also be a part of that project.
Councilmember Hewitt asked if this development would be approved, what would be the
completion schedule. Community Development Director Hurlburt replied construction could
begin the fall of 200, and the developer anticipates that this development would take at least
three to four years to complete.
Adopted Council Minutes
Regular Meeting of December 14, 2004
Page 7 of 9
Guy Wills, 6214 Upland Lane North, Maple Grove, voiced his concern on the Elm
Road/Vicksburg Lane intersection, which is north of the Vicksburg Lane and County Road 47
intersection as motorists have a difficult time stopping at that intersection due to the slope in the
road. He asked if the City has considered removing that slope. He noted that the construction
equipment would be a problem. He asked what times of day were the traffic counts taken.
Mr. Montebello stated the traffic counts were taken from 7:00 a.m.-8:00 a.m. and from 4:30
p.m. -5:30 p.m. He also stated that the slope that Mr. Wills is referring to north of County Road
47 and Vicksburg Lane is currently being analyzed.
It was noted that the school district was aware of this project as they do their own projections on
their enrollment
Dave Thomey, 15063 62"a Avenue North, Maple Grove, stated he is concerned that County Road
10 is scheduled for reconstruction from Vicksburg Lane to I-494. Therefore, the traffic counts
would probably double on County Road 47. He stated his property abuts the proposed
development, and he has concerns where the roads would be located within the development. He
suggested that there be guidelines on how the streets are laid in the development with respect to
what city they are in.
City Engineer Faulkner commented that the designated detour route for temporary closures for
County Road 10 would be County Road 47 from Highway 101 to Northwest Boulevard, but the
detours would be very sporadic.
Councilmember Black stated that this project would be phased over many years, so the actual
impact would be quite limited the first year.
Mike Villafana, 14220 60`h Place North, suggested that the City analyze what could be done with
County Road 47 under I-494, and if improvements could be incorporated with this project.
Motion was made by Councilmember Black, seconded by Slavik, to adopt a Resolution
Declaring finding of "No Need" for an Environmental Impact Statement (EIS) based upon
Review of the Environmental Assessment Worksheet (EAW) dated October 18, 2004 for the
Proposed Taryn Hills Development by Lundgren Bros. Construction, Inc. (2004070 — Res2004-
526). With all members voted in favor, the motion carried.
8.3) Rezoning from C-2 to C-1 for Property at 1113-1123 Vicksburg Lane (City of
Plymouth — 2004057)
Community Development Director Hurlburt reported that in May 2004, the Council directed
staff to study the possibility of rezoning the Vicksburg Plaza Shopping Center from C-2 to C-1.
The Council's concern arose from noise complaints against a full-service restaurant in the center.
She stated the Planning Commission voted unanimously to recommend that the property should
remain zoned C-2. Commissioners cited the limited uses in the C-1 district and the noise
Adopted Council Minutes
Regular Meeting of December 14, 2004
Page 8 of 9
problem as an enforcement issue rather than a zoning issue to support their recommendation.
She stated as part of the review, staff compared the purpose and intent of both the C-1 and C-2
districts, and the implications of rezoning the shopping center. As staff studied the rezoning, it
became more apparent that part of the question was the functionality of the C-1 district.
Therefore, staff expanded the analysis to include a review of whether the C-1 district is serving
the purpose for which it was intended when the City adopted the new Zoning Ordinance in 1996.
She stated the purpose of the C-1 district is to provide for highly limited scale neighborhood
centers that offer basic convenience -type goods and services to the surrounding area in which
they are located, whether anticipated to serve as a transitional district to residential, office,
industrial, or other commercial districts. Currently, the City has applied the C-1 zoning district
to one parcel of property which is located at the southeast corner of the intersection of Peony
Lane and Rockford Road. An application for a gas station/car wash was approved in 2000.
She stated the purpose of the C-2 district is to provide for a low to moderate intense retail or
service businesses dealing directly with the customer on a limited community market scale and
located in areas which are well -served by collector or arterial streets at the edges or residential
districts. The Zoning Ordinance requires a district area of at least five acres. The current C-2
zoning on the property has been in place since the 1996 revision of the Zoning Ordinance and
replaced the former B-2 classification of the property. The C-2 district has been applied to many
commercial locations, although the subject property is one of two C-2 districts in the City with
less than the required five acres. She then discussed the pros and cons of maintaining the current
zoning or rezoning the property to C-1. She noted that the Planning Commission concluded that
the C-1 district doesn't appear to be a viable zoning district and should probably be removed
from the Zoning Ordinance. However, this site in question doesn't fit the requirements for the
C-2 district. She stated staff is currently working with the owner of the property regarding a
PUD so there could be some type of control over the property.
Mayor Johnson asked if notices were sent to adjacent residents informing them that this would
be discussed at tonight's meeting. Community Development Director Hurlburt replied no, as
this isn't a public hearing.
Mayor Johnson stated the Planning Commission could've studied the option of a "hybrid" C-1
district. She explained the reason why there are problems with this particular site is because of
the close proximity to the residential area. She asked why the property couldn't be rezoned to C-
1 with changes to the site and eliminate the restaurant use. Community Development Director
Hurlburt replied that could be accomplished by placing restrictions on a C-2 property. She stated
the problem is that the restaurant is located on the end of the building versus the middle.
Councilmember Slavik stated leaving this property in the C-2 district doesn't meet the size
requirement of five acres when it is 2.5 acres. She stated that she isn't comfortable in affirming
the current C-2 zoning, however, she isn't sure the C-1 zoning is appropriate.
Adopted Council Minutes
Regular Meeting of December 14, 2004
Page 9 of 9
Motion was made by Councilmember Hewitt, and seconded by Councilmember Stein, to direct
staff to review the C-2 district classification, again, for uses that the City may have concerns with
as well as reviewing conditions that could be applied with that district. With all members voting
in favor, the motion carried.
Reports and Staff Recommendations
9.1) Alcohol and Tobacco Compliance Check Report
City Manager Ahrens requested this item be removed from the agenda and placed on the January
11, 2005 Council agenda.
Adjournment
Mayor Johnson adjourned the meeting at 8:40 p.m.
lawil-t AIIL6
IS R. Paulson, City Clerk