HomeMy WebLinkAboutCity Council Minutes 02-15-2000Adopted Minutes
Regular Council Meeting
February 15, 2000
A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 8:20
p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on February 15,
2000.
COUNCIL PRESENT: Mayor Tierney, Councilmembers Brown, Black, Harstad, Bildsoe,
Johnson, and Slavik.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Public Safety
Director Gerdes, Community Development Director Hurlburt, Finance Director Hahn, Public
Works Director Moore, Parks and Recreation Director Blank, City Attorney Knutson, and City
Clerk Paulson.
Plymouth Forum
No one was present to address the Council.
Councilmember Johnson requested to suspend the rules for the purpose of continuing the
discussion on County Road 101. Mayor Tierney stated she would grant that request only if there
is a time limit as open houses would be conducted in the future on the proposed project, and the
Council could certainly conduct another Special Meeting with the County if necessary.
Motion was made by Councilmember Johnson, and seconded by Councilmember Harstad, to
conduct another public meeting for the purpose of receiving public input for the County Road
101 project, with citizens and Hennepin County staff in attendance.
No specific date was scheduled for this meeting, but Councilmember Bildsoe requested that the
Special Meeting not be conducted the same evening as a Regular Council Meeting.
Motion was made by Councilmember Johnson, and seconded by Councilmember Harstad, to
amend the main motion to direct staff to provide residents with a two week notice of the Special
Meeting. With all members voting in favor, the motion carried.
Adopted City Council Minutes
Regular Meeting of February 15, 2000
Page 2 of 17
The Council then voted on the amended main motion. With all members voting in favor, the
motion carried.
Presentations and Public Information Announcements
4.1) Hennepin County Census Advisory Committee (Mary Helen Amery)
Mary Helen Amery and Melissa Mohr discussed with the Council the upcoming census counts,
and how important it is for residents to be counted.
4.2) Presentation to the Raines, Winners of the Lester and Connie Contest (Crime and
Prevention Fire Fund)
Korky Ornburg from the Crime and Prevention Fire Fund, presented a check in the amount of
1,500 to the Raines family for finding Lester and Connie. In addition to the prize money, Chief
Kline presented to each family member a T-shirt.
Mr. Ornburg also reported that the Raines donated $150 of their winnings back to the Crime and
Prevention Fire Fund.
4.3) Presentation to Middle School Essay Contest Winners, Sponsored by the Human
Rights Commission (Assistant City Manager Ahrens)
Assistant Manager Ahrens along with Joan Jensen, Human Rights Commissioner, Human Rights
Commission Chair Patricia Izek, and Mayor Tierney presented certificates to winners of the
Middle School Essay Contest sponsored by the Human Rights Commission. First place winner
was Trisha Hoekstra who received $50, second place winner was Tim Werts who received $35,
third place winner was Laura Anderson who received $20, and fourth place winner was Julia
Marshall who received $10. Human Rights Commissioner Jensen added that the students wrote
their essays to the following topic: "What problems in your school have to do with intergroup
conflict or prejudice? What solutions do you recommend, and what actions can you take to solve
these problems?"
Adopted City Council Minutes
Regular Meeting of February 15, 2000
Page 3 of 17
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 Tierney asked if there were any additions, corrections, or deletions to be made to the
Consent Agenda.
Councilmember Brown requested to removed item No. 6.07 and move it to General Business as
item No. 8.4.
Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to
approve the amended Consent Agenda which included the following items:
6.01: Approve proposed City Council Minutes (Special Council Meeting ofJanuary 11, 2000,
Regular Council Meeting of February 1, 2000, and Special Meeting of February 8, 2000).
6.02: Resolution Approving Disbursements as Required by Minnesota Statutes 471.87-471.89
Cy's Uniforms). (Res2000-076).
6.03: Resolution Finding No Objection to Lawful Gambling Exemption for the Big Ducks
Chapter of the Minnesota Waterfowl Association (Res2000-077).
6.04: Resolution Amending Resolution 99-344 for a Site Plan Amendment for Armstrong,
Torseth, Skild and Rydeen Inc. to Remove the Condition Requiring a Fire Extinguishing System
for the Storage Area under the Wayzata High School Stadium Bleachers (99052 — Res2000-078).
6.05: Resolution Approving a Variance to Allow a 27 -foot Setback from a Railroad where 50
feet is required to construct a New Single Family Dwelling (20002 — Res2000-079).
6.06: Resolution Approving Findings of Fact for Denial of the Zoning Ordinance Text
Amendment to Allow Off -Site Directional Signs (99111 — Res2000-080).
6.07: (This item was removed from the Consent Calendar and considered under General
Business as item No. 8.4).
6.08: Resolution Calling for a Public Hearing for a Project on Behalf of Hammer Residences,
Inc. and its Financing Under the Municipal Housing Programs Act (Res2000-081).
Adopted City Council Minutes
Regular Meeting of February 15, 2000
Page 4 of 17
6.09.1: Resolution Reducing Required Financial Guarantee for Forster Preserve Plat 2 (94057 —
Res2000-082).
6.09.2: Resolution Reducing Required Financial Guarantee for Gem Court Addition (99017 —
Res2000-083).
6.10: Resolution Ordering Plans and Specifications for Lift Station No. 2 Renovation, Mission
Farms (8030 — Res2000-084).
6.11: Resolution Approving Purchase of One New Current Model Toro 325D 72"
Mower/Sweeper Machine (Res2000-085).
6.12: Resolution Approving Change Order No. 1 for 1998 Trail Improvements (8021 —
Res2000-086).
6.13: Approval of Environmental Quality Committee 1999 Annual Report and 2000 Work Plan.
6.14: Approval of PRAC 1999 Annual Report and 2000 Work Plan.
6.15: Approval of Mutual Aid Agreement for Emergency Response Unit Resources.
6.16: Approval of Plymouth Firefighter Child -Care Program.
6.17: Resolution Setting Park Dedication Fees for 2000 (Res2000-087).
6.18: Resolution Approving Purchase Agreement and Leasing Agreement between Hennepin
Parks and the City of Plymouth (Res2000-088)
6.19: Resolution Approving Ice Fishing Access to Medicine Lake (Res2000-089).
6.20: Resolution Approving Payment to Senior Community Services (Res2000-090).
6.21: Resolution Approving Request for Payment No. 6 for 1998 Street Reconstruction Project
Phase II (8001 — Res2000-091).
6.22: Resolution Approving Purchase of One Current Model One Ton, Dual Wheel Truck
Chassis (Res2000-092).
6.23: Resolution Approving Change Order No. 6 for the Plymouth Creek Center (Res2000-093).
Adopted City Council Minutes
Regular Meeting of February 15, 2000
Page 5 of 17
6.24: Resolution approving the 200 Monthly Contribution to Health and Dental Insurance or
Deferred Compensation for Non -Represented City Employees (Res2000-094).
6.25: Resolution Approving Final Payment to Yeadon Fabric Domes (Res2000-095).
Councilmember Bildsoe indicated his intent to abstain from voting on item No. 6.02 due to a
conflict of interest.
Motion carried to approve the Consent Agenda.
Public Hearings
7.1) Vacation of Easements for Utility, Drainage, and Roadway Easements within Parcel
14-118-22-13-0012 which will be included in the Forster Preserve Plat 4
Public Works Director Moore explained these easements were for temporary cul-de-sacs at the
end of Evergreen Lane and Deerwood Lane in Forster Preserve Plat 2 and were to remain in
place until the property was re -platted. This area has been platted into Forster Preserve Plat 4,
which dedicates the necessary street right-of-way and easements for all utilities. Therefore, these
easements are no longer necessary.
Mayor Tierney opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Tierney
declared the public hearing closed.
Motion was by Councilmember Johnson and seconded by Councilmember Harstad to adopt a
Resolution Authorizing the Vacation of an Easement for Utility, Drainage and Roadway
Purposes within Parcel 14-118-22-13-0012 (Res2000-096). With all members voting in favor,
the motion carried.
7.2) Vacation of Drainage Easement for Ponding in Lots 1 and 4, Block 1, of Ferndale
Place Addition
Public Works Director Moore explained the basis for this request is that Minnehaha Creek
Watershed District's new rules do not require a treatment pond for a project this size, and the
project is under the City's requirement of one acre of impervious surface that would require a
treatment pond. The developer's engineer resubmitted a permit application to the Minnehaha
Creek Watershed with a smaller pond configuration. He stated the new pond would still provide
some treatment plus rate control.
Adopted City Council Minutes
Regular Meeting of February 15, 2000
Page 6 of 17
Mayor Tierney opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Tierney
declared the public hearing closed.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt
a Resolution Authorizing the Vacation of a Drainage Easement for Ponding for Lots 1 and 4,
Block 1, Ferndale Place (Res2000-097). With all members voting in favor, the motion carried.
7.3) Vacation of part of Lawndale Lane Street Right -of -Way within Cornerstone
Commons Addition
Public Works Director Moore stated since the original approval of Cornerstone Commons
Addition, Plymouth Ponds Business Park P Addition was approved with the access off of
Medina Road and Holly Lane. Therefore, this portion of Lawndale Lane street right-of-way is
no longer necessary.
Mayor Tierney opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Tierney
declared the public hearing closed.
Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to adopt
a Resolution Authorizing the Vacation of Part of Lawndale Lane Street Right -of -Way in
Cornerstone Commons Addition (Res2000-098). With all members voting in favor, the motion
carried.
7.4) Special Assessment Hearing for Troy Lane Sanitary Sewer Improvement North of
County Road 6 (Project 7018)
Public Works Director Moore explained there are three components to this assessment hearing.
The first component is the recommendation for the Council to adopt a deferred assessment
policy. He explained that all of the existing homes served by the Troy Lane sanitary sewer
service project have individual sewage treatment systems. Staff is recommending that after
adoption of a deferred assessment policy, the assessments for properties whose individual
sewage treatment systems meet current codes be deferred. In addition, on the deferrals, there
would be interest that would accumulate on the assessment and which would be a connection
charge when property is connected to City services.
He stated the second component involves two lateral sanitary sewer services to 1525 Troy Lane.
He explained one service is for the existing dwelling on the property and the other is for a
Adopted City Council Minutes
Regular Meeting of February 15, 2000
Page 7 of 17
potential future lot split for the parcel in the future. At this time, the City is unaware of any
current plans the existing homeowner has for developing or further dividing this property thus
making it eligible for deferral of one-half of the assessment in accordance with the proposed City
Policy for Deferral of Lateral Sanitary Service Assessment Deferrals.
Lastly, the third component is that this assessment hearing is being conducted shortly after
awarding the contract for this project and before payments to the contractor are due, so that
construction interest does not accrue thereby reducing the project cost. The assessments are
based on the low bid received and estimate engineering/administration costs rather than on final
construction costs. The majority of the sewer installation is complete so staff is confident this is
an accurate approximation of the final cost.
Mayor Tierney opened the public hearing for testimony.
Annie Arnold, 1755 Troy Lane, stated her property is not currently involved in this project. She
stated she just installed a private system last year, and she is concerned of any, deferred hook up
charges in 15 years if there is the need for her to connect to City services.
There being no one else wishing to appear before the Council to give testimony, Mayor Tierney
declared the public hearing closed.
Public Works Director Moore stated staff does not intend to extend public sanitary sewer to Ms.
Arnold's area unless it is petitioned by the property owners. He urged Ms. Arnold to contact him
if she has any further questions.
A motion was made by Councilmember Harstad, and seconded by Councilmember Bildsoe, to
adopt a Resolution Addressing Homes with Individual Sewage Treatment Systems, Deferral of
Lateral Sanitary Sewer Assessment Policy (Res2000-099), Resolution Authorizing Deferral of
One -Half of the Lateral Sanitary Sewer Assessment for 1525 Troy Lane (PIN 30-118-22-34-
0008), Troy Lane Sanitary Sewer Service Project — City Project No. 7018 (Res2000-100), and a
Resolution Adopting Assessments for Troy Lane Sanitary Sewer Service North of County Road
6, City Project No. 7018 (Res2000-101). With all members voting in favor, the motion carried.
7.5) Application for On -Sale 3.2 Malt Liquor and Wine Licenses for Perkins Family
Restaurants L.P., d/b/a Perkins Restaurant and Bakery, 2945 Empire Lane
Assistant City Manager Ahrens reported the City received applications from Perkins Family
Restaurants, L.P. for an On -Sale 3.2 Malt Liquor License and Wine License at the Perkins
Restaurant and Bakery located at 2945 Empire Lane. She stated notices were mailed to all
property owners within 500' of this location as well publishing the appropriate notice.
Adopted City Council Minutes
Regular Meeting of February 15, 2000
Page 8 of 17
Mayor Tierney opened the public hearing for testimony.
Cyril Davies, 96`" Street South, Cottage Grove, Manager of the Perkins Restaurant and Bakery,
stated he would be happy to answer any questions the Council may have.
Councilmember Johnson thanked Mr. Davies for expanding their services and operations, and
she encouraged him to contact the Police Department to assist in their effort to not sell alcohol to
minors.
Mr. Davies stated they are making every effort to make sure that underage sales do not occur.
Their employees would be well trained, and no minors would be serving the alcohol.
There being no one else wishing to appear before the Council to give testimony, Mayor Tierney
declared the public hearing closed.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to
adopt a Resolution Approving On -Sale 3.2 Malt Liquor License and Wine License for Perkins
Family Restaurants, L.P. d/b/a Perkins Restaurant and Bakery, 2945 Empire Lane (Res2000-
102). With all members voting in favor, the motion carried.
General Business
8.1) Land Use Guide Plan Amendment for Plymouth Marketplace located at the
Northwest Quadrant of Highway 55 and Vicksburg Lane (Project 99123 - North American
Properties)
Community Development Director Hurlburt reported the applicant, North American Properties,
has submitted a sketch plan for the proposed Plymouth Marketplace located at the northwest
corner of Highway 55 and Vicksburg Lane. She stated the applicant is requesting approval of a
Land Use Guide Plan amendment to reguide the southeast portion of the site from CO
Commercial Office) to CC (City Center) and the center of the site from CO (Commercial
Office) to C (Commercial). The northwest portion of the site would remain CO (Commercial
Office). She stated the sketch plan for this 25.9 acre site contains approximately 140 unit senior
housing development, a 45,000 square foot grocery store, two retail buildings totaling 36,000
square feet, two restaurants totaling 11,000 square feet, and a 6,000 square foot bank.
She explained this property was reviewed as part of the overall Comprehensive Guide Plan. She
stated the sketch plan review is for preliminary comments of the development plan that provides
guidance to the developer.
Adopted City Council Minutes
Regular Meeting of February 15, 2000
Page 9 of 17
She stated of this 25.9 acre site, 3.6 acres are wetland, and the applicant would be utilizing the
wetlands throughout the site. Staff has included a condition in the Resolution approving the
alternative wetland buffers, which requires the applicant to examine ways to lessen the wetland
impacts and provides wetland buffers and setbacks during the design of the project. Staff also
included a condition encouraging the applicant to shift the senior housing building west to reduce
or perhaps eliminate alternative wetland buffers.
She reiterated that this evening's action would not constitute final approval of the project. If the
amendment to the Land Use Guide Plan would be approved, it would need to be presented to the
Metropolitan Council for review. In addition, final approval of the PUD plan, and Preliminary
and Final Plats are also necessary.
She discussed the following issues that were presented and addressed at the Planning
Commission's public hearing:
1. Preserving a buffer on the south side of 36th Avenue: The Developer is proposing to maintain
quite a few of the trees, and protect this area with conservation easements. The commercial
activities are orientated away from this area.
2. Lighting: Because of the orientation of the site plan on the south and the tree area on the
north, these measures would mitigate the lighting concerns. There are proposed ordinances that
would be forthcoming to the Council on lighting standards. The combination of the layout of the
site, and changes to the zoning ordinance would assist this greatly.
3. Relationship to City Center, and whether the southeast corner of the development should be
the same as the City Center: It provides the opportunity for architecture capability to be more
consistent for the lighting and signage.
4. Traffic and the impact to 36th Avenue: When 36th Avenue was designed, it was a collector
street with no driveway accesses on it. The City is in the process of determining the impact of
this development on 36th Avenue. Currently there are 2,600 average daily trips on 36th Avenue.
With or without access to this development, there would be more traffic on 36th Avenue. The
traffic studies suggest that about 10% of the traffic to this site would utilize
36th Avenue. The
access on 36th Avenue serves as an access to the housing development. That relieves some trips
off Vicksburg Lane and provides for a second access to the development. The study also shows
those local residents at Sugar Hills and Northwest Plymouth would use 36th Avenue. Therefore,
this connection off
36th Avenue is very important. There needs to be additional turn lanes on
Vicksburg Lane and Highway 55.
She stated the Planning Commission recommends approval of the sketch plan but retaining the
tree buffer area adjacent to 36`h Avenue and maintain the Land Use Guide Plan as CO
Commercial Office) for the senior housing project.
Adopted City Council Minutes
Regular Meeting of February 15, 2000
Page 10 of 17
She requested the Council adopt the three Resolutions (Land Use Guide Plan amendment,
providing informal comments on the proposed sketch plan, and the use of alternative wetland
buffers).
City Attorney Knutson commented on whether there would be a conflict of interest for
Councilmember Harstad on this item. He explained Councilmember Harstad is a cousin of an
individual involved in this project. Since there is no financial interest on behalf of
Councilmember Harstad, it would not constitute a conflict of interest.
Councilmember Harstad stated he is related to the seller of the property. However, there is no
financial interest on his part.
Community Development Director Hurlburt informed the Council that there is a deadline of
March 4 to consider the amendments to the Land Use Guide Plan.
The Councilmembers received reassurance from Community Development Director Hurlburt
that the Council has a high level of discretion as this project would be a PUD, and the Land Use
Guide Plan, if amended this evening, could be reversed if necessary.
Councilmember Slavik asked if 35th Avenue and Vicksburg Lane are capable of handling all the
traffic if there would be no access on 36th Avenue. Community Development Director Hurlburt
stated perhaps, but that type of situation could create a lot of stress on Vicksburg Lane.
Community Development Director Hurlburt informed the Council that the proposed amendments
to the lighting ordinance, if adopted by the Council, would be in effect before the final plan is
presented on this development.
Councilmember Johnson asked if it would be possible to move the senior housing site to the
southerly portion of the site near Highway 55 which would negate the addressing of the
alternative buffers. Community Development Director Hurlburt stated she has reviewed that
suggestion. However, the southern portion of this site is the lowest point of the site which would
cause the need to fill some of the wetland basins in this area. The pond would also need to be
relocated; however, it would be difficult to locate it on the northwest corner of the development,
where the senior housing development was located, as that land is the highest point of the site.
Community Development Director Hurlburt stated there would be a requirement for a trail on the
south side of 36th Avenue, a trail on the west side of Vicksburg Lane, a pedestrian trail from 36th
Avenue to the internal part of the project, and internal measures for pedestrians to travel through
the project.
Adopted City Council Minutes
Regular Meeting of February 15, 2000
Page 11 of 17
Councilmember Bildsoe asked if there would be any improvements to County Road 9 and 36th
Avenue, specifically, a right turn lane on 36`h Avenue. Community Development Director
Hurlburt stated staff hasn't reviewed this. Councilmember Bildsoe stated in his opinion, any
additional traffic on 36th Avenue, based on the topography and the sight distance, would make
that roadway dangerous.
Bill Griffith, 1500 Northwest, Bloomington, representing Hartford Financial Services, addressed
the Council regarding the senior housing project. He stated they are currently in the process of
identifying an operator, and this should be completed prior to the PUD process. He stated of the
140 units, 20% of the units would be for individuals who are experiencing memory loss, 30% of
the units would be for assisted living — not nursing care but personal care, and 50% of the units
would consist of an independent level. Some of the amenities include the personal care, exercise
area, shuttle service, mini theater, congregate dining, and recreation area. He stated either one to
two residents would occupy each unit. Approximately 25% of the units would be occupied by
two individuals. Staff would consist of 20-25 individuals mainly during the peak hours of the
day. At this time, he is unsure as to how many of those units would be designated as affordable
housing units. If providing affordable housing units would be a goal of the Council, he stated
they would be interested in discussing tax increment financing.
Mayor Tierney asked if it is a concern that there would be traffic traveling through the senior
housing development from the retail area. Mr. Griffith stated they are not concerned about the
traffic, as the people who utilize the facilities would determine their own access points.
Councilmember Brown asked what could and couldn't occur once the conservation easement
would be in place. Community Development Director Hurlburt stated it is flexible and would
depend on how the easement is established.
Councilmember Black asked if there could be any landscaping on the southwest part of the
Vicksburg Lane/
36th Avenue intersection to provide a buffer for the lighting from the City
Center. Community Development Director Hurlburt stated staff could certainly review the
possibility; however, she is unsure if vegetation could mitigate that issue. She stated in the
future when the lighting at the City Center is replaced, the developer would be required to adhere
to the new lighting standards.
Motion was made by Councilmember Harstad, and seconded by Councilmember Slavik to take a
short break. With all members voting in favor, the motion carried.
Mayor Tierney reconvened the meeting at 10:02 p.m.
Councilmember Johnson asked the representative of Lund's what their requirements were for
access to this site.
Adopted City Council Minutes
Regular Meeting of February 15, 2000
Page 12 of 17
John Pazahanick, 4100 W 50th St., Edina, representing Lund Food Holdings Inc., stated they
require a second access to the site to assist in easing the traffic congestion on Vicksburg Lane.
This second access would be located on 36th Avenue. He stated they could certainly provide for
limited or no truck traffic at the 36th Avenue access.
Councilmember Johnson stated she would prefer a limited access at that location if possible.
Councilmember Black asked Mr. Pazahanick for his opinion on speed humps at that secondary
access. Mr. Pazahanick stated speed humps would impede the traffic which would become
problematic for them.
Councilmember Slavik asked if Lund's would be 24-hour grocery store. Mr. Pazahanick replied
yes, and deliveries would be made between the hours of 7:00 a.m. and 12:00 p.m. (noon).
Councilmember Slavik stated there would need to be a different solution other than a sign stating
no trucks at the second access off 36th Avenue.
Councilmember Bildsoe questioned if only 10% of the traffic for this development would
originate from 36th Avenue, why the necessity of the second access. He suggested this access be
designed more for emergency use.
Mr. Pazahanick commented this access would provide an alternative to exit the development as
well as provide a convenient entrance for residents of the Sugar Hills development.
Motion was made by Mayor Tierney, and seconded by Councilmember Brown, to adopt a
Resolution Providing Informal Comments on the Proposed Sketch Plan for a Mixed Use
Development to be known as Plymouth Marketplace for North American Properties, Inc. for
Property Located on the Northwest Quadrant of Highway 55 and Vicksburg Lane North (99123
Res2000-104).
Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to
amend the main motion to provide for item No. 7 of the Resolution which would state, "The
applicant shall include design features in the detailed project plans to discourage traffic through
the project, such as: directional signs, speed humps, driveway width and materials and any other
measures that would discourage the use of 36 Avenue as a primary access to the commercial
portion of the project."
Councilmember Black offered a friendly amendment to the amended motion to consider a one
way in only on the 36 Avenue access. Councilmember Johnson accepted this friendly
amendment.
Adopted City Council Minutes
Regular Meeting of February 15, 2000
Page 13 of 17
Councilmember Bildsoe offered a friendly amendment to the amended motion to delete "as a
primary access to the commercial portion of the project." Councilmembers Johnson and Black
accepted this friendly amendment.
There being no further discussion, the Council voted on the amendment (Condition No. 7). With
all members voting in favor, the motion carried.
Bruce Johnson, 16045 36th Place North, provided to the Council written comments regarding the
position of the majority of the residents of Sugar Hills. Listed below are the opinions and/or
issues raised by the residents of Sugar Hills:
1. City is not obligated to rezone commercial office to commercial retail. The City is obligated
to buffer Sugar Hills against increased traffic as part of granting commercial retail zoning. In
addition, it is irrelevant that 36th Avenue is capable of handling increased traffic volumes.
2. City is obligated to buffer residential from retail. Sugar Hills residents object to constructing
trails in the wooded area.
3. The need to require the developer to buffer homes to the north from retail lights particularly
during the winter. Signage, and lights on buildings and windows positioned to eliminate light
going to the north. Lastly, height and arrangement of buildings designed to block parking lot
lights and vehicle lights going to the north.
4. Relocate the senior housing development to the southwest corner of the development, and
construct the pond in the northwest area of the development with a trail system around it.
Jeff Pepski, 3630 Yuma Lane, resident of Sugar Hills, stated he attended an open house which
was conducted by North American Properties and Lunds, and that time, Lunds indicated there
would be no reason for the delivery trucks to utilize the
36th Avenue access. The delivery trucks
could utilize 35th Avenue instead. He questioned if their position has changed. He also supports
the suggestion to relocate the senior housing development. He questioned the conflict of interest
ruling that was made for Councilmember Harstad.
Mark Steinway, 16105 36th Place North, requested there be no access on 36th Avenue for this
development with the exception of fire and safety access. He also supports the relocation of the
senior housing development.
Scott Bissen, 16025 36th Place North, agrees with Mr. Johnson's comments.
Jennifer Martin, 16110 36th Place North, stated she is very appreciative of the proposed tree
buffer. However, she is very skeptical of the traffic projections, and it would be higher than
projected with this development which creates safety issues for the residents. Lastly, Sugar Hills
residents would prefer to walk, rather than drive on 36th Avenue, to this development.
Adopted City Council Minutes
Regular Meeting of February 15, 2000
Page 14 of 17
Mr. Griffith addressed the suggestion to relocate the senior housing development. He stated he
is not encouraged that this would work because of the topography of the site, the natural drainage
of the land, and locating senior citizens adjacent to a busy highway. However, they would
seriously review the possibility.
Councilmember Slavik asked Mr. Pazahanick if it was conveyed at the open house that two
accesses weren't necessary for the property. Mr. Pazahanick stated that was never conveyed, but
they indicated there would be no truck traffic at the second access at 36`x' Avenue.
Councilmember Black stated she also attended the open house, and at no time did Lund's
indicate they wouldn't need the second access on
36th Avenue.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to
amend the main motion to consider cul-de-sacing the senior citizen development from the retail
area of the development which would become condition No. 8 of the Resolution.
Councilmember Black commented on the necessity for two accesses to this development no
matter what type of development would be proposed for this site.
Councilmember Brown stated he would not support this amendment as it would accomplish very
little, and it would separate the development.
Councilmember Harstad stated it is very difficult for him to visualize this type of development
where one of the entrances would be totally blocked. He questioned how emergency vehicles
could access the development.
There being no further discussion, the Council voted on the amendment. With Harstad, Brown,
Black, and Tierney voting no, and Johnson, Bildsoe, and Slavik voting yes, the motion failed.
Kate Vogl, 16145 37`x' Avenue North, stated she is concerned about over utilizing this property
as well as traffic congestion on Vicksburg Lane. She suggested maintaining some of the retail
being proposed and locating the senior housing development adjacent to the wetland/buffer area
which would allow the property to be developed without so much traffic and congestion.
Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to
amend the main motion to add condition No. 8 which would state, "The applicant shall minimize
the use of alternative wetland buggers to the greatest extent possible."
Community Development Director Hurlburt informed the Council that the wetland buffers are
already included in the Resolution approving the use of alternative wetland buffers. Some of the
Adopted City Council Minutes
Regular Meeting of February 15, 2000
Page 15 of 17
Councilmembers stated they were aware of that but felt the need to include this condition in
sketch plan Resolution as well.
Mr. Johnson requested clarification as to why staff would be discouraging the relocation of the
senior housing project to the southwest portion of the property. Community Development
Director Hurlburt explained the water from the retail development would naturally flow to the
southwest portion of the property as it is at a much lower elevation than the northwest corner. If
the pond were to be relocated to the northwest corner, there would need to be a lot of grading and
excavating to direct the water to flow to the north.
There being no further discussion, and with all members voting in favor of the amendment
condition No. 8), the motion carried.
The Council then voted on the amended main motion which incorporated condition No's. 7 and
8. With all members voting in favor but Bildsoe and Slavik, the motion carried.
Motion was made by Councilmember Brown, and seconded by Councilmember Bildsoe, to adopt
a Resolution Approving the Use of Alternative Wetland Buffers for North American Properties,
Inc. for Property Located on the Northwest Quadrant of Highway 55 and Vicksburg Lane North
99123 — Res2000-105). With all members voting in favor but Black and Johnson, the motion
carried.
Motion was made by Councilmember Brown, and seconded by Councilmember Black, to adopt a
Resolution Approving Land Use Guide Plan Amendment for North American Properties, Inc. for
Property Located on the Northwest Quadrant of Highway 55 and Vicksburg Lane North (99123
Res2000-103).
Councilmembers Bildsoe and Slavik stated they would not support this Resolution due to the
increased traffic on 36h Avenue.
Councilmember Brown stated he would support this Resolution, and he feels a solution could be
identified for the traffic on 36th Avenue.
Councilmember Johnson requested there be a division of the vote on the commercial and
commercial office guiding as she is troubled with the split guiding. Seeing there was no support
by the Council, she withdrew her request.
Motion was made by Councilmember Harstad, and seconded by Councilmember Black, to call
the question. With Johnson, Bildsoe, Slavik, and Tierney voting no, and Harstad, Brown, and
Black yes, the motion failed.
Adopted City Council Minutes
Regular Meeting of February 15, 2000
Page 16 of 17
Community Development Director Hurlburt informed the Council that if this property remained
commercial guiding, there would be requirement to preserve the trees located along 36`" Avenue.
She stated this site could definitely support a larger retail development than what is being
proposed. For example, the office buildings could be taller and could operate 24 hours per day,
traffic could be greater, and the tree buffer could be lost.
Councilmember Black stated she would support this reguiding. She stated this is the best
proposal that has been presented to the City for this site. She agreed that the Council would need
to address the 36`x' Avenue access and try to designate it as a low use access.
Councilmember Johnson stated she also would support this reguiding. However, she doesn't
prefer the through street to 36th Avenue.
There being no further discussion and with all members voting in favor of the motion but Bildsoe
and Slavik, the motion carried.
8.2) Accept Report and Approve Recommendations on Pedestrian Safety Issues on
Vicksburg Lane near Central Middle School
City Engineer Faulkner requested the Council authorize the installation of an overhead flashing
beacon on Vicksburg Lane at the marked crosswalk to the Wayzata Central Middle School and
install sidewalks along the east side of Vicksburg Lane from Second Avenue northerly to the
school owned property which accessed Birchview Elementary School. He stated the
approximate cost estimate to achieve the following measures would be $38,800.
Motion was made by Councilmember Slavik, and seconded by Councilmember Black, to adopt a
Resolution Authorizing Implementation of Pedestrian Safety Measures at Wayzata Central
Middle School (Res2000-106). With all members voting in favor, the motion carried.
8.3) Adoption of Final Water Resources Management Plan
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt
a Resolution Authorizing Final Approval of the Water Resources Management Plan (Res2000-
107). With all members voting in favor, the motion carried.
8.4) 2000 Board and Commission Recognition Event.
Motion was made by Councilmember Brown, and seconded by Councilmember Bildsoe, to
conduct the Board and Commission Recognition Event on April 24. With all members voting in
favor, the motion carried.
Adopted City Council Minutes
Regular Meeting of February 15, 2000
Page 17 of 17
Reports and Recommendations
9.1) Legislative Update
Community Development Director Hurlburt requested the Council authorize staff to add
opposition to the proposed "Private Property Protection Act" (S.F. 45 and H.F. 591) to the City's
legislative agenda for 2000 and to communicate the City's position to the City's legislative
representatives.
She explained this legislation, if adopted, would require that the State or any cities compensate a
property owner any time a regulation (including land use planning and zoning) reduces the fair
market value of their property by at least 10 percent or $7,500, whichever is less. If the proposed
legislation would be adopted, it would make it extremely difficult for any city to enforce any
type of planning and zoning regulations.
Motion was made by Councilmember Black, and seconded by Councilmember Brown, to
approve this request and send a letter to the City's legislators. With all members voting in favor,
the motion carried.
Adjournment
Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to adjourn
the meeting -at 11:57 p.m. With all members voting in favor, the motion carried.
aulson, City Clerk