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HomeMy WebLinkAboutCity Council Minutes 05-23-2000Adopted Minutes Regular Council Meeting May 23, 2000 A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on May 23, 2000. COUNCIL PRESENT: Mayor Tierney, Councilmembers Black, Brown, Bildsoe, Slavik, and Harstad. ABSENT: Councilmember Johnson. STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Public Safety Director Gerdes, Community Development Director Hurlburt, Public Works Director Moore, Parks Superintendent Peterson, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum No one was present to address the Council. Presentations and Public Information Announcements 4.1) Minnesota Association of Government Communicators' Northern Lights Award Recognizing the Plymouth News (Communication Supervisor Helen LaFave) Communications Supervisor LaFave reported the Minnesota Association of Government Communicators has given the Northern Lights Award to the City in recognition of the Plymouth News. She stated the City changed the design of the newsletter July 1999, and the response has been very positive. She thanked the Council for their support of the City's communication program. Approval of Agenda City Manager Johnson requested to add a Resolution and Ordinance transferring responsibility and enforcement of MPCA rules regarding individual sewage treatment systems to Hennepin County as item No. 9.1 under Reports and Recommendations. Councilmember Bildsoe requested to add a report on the retirement of four teachers and a principal at Greenwood Elementary School as item No. 9.2 under Reports and Recommendations. Adopted City Council Minutes Regular Meeting of May 23, 2000 Page 2 of 21 Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to approve the amended 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. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to approve the Consent Agenda which included the following items: 6.01) Approve proposed City Council Minutes (Special City Council Meeting ofApril 18, Regular Council Meeting ofApril 25, Board of Review Meeting of May 2, Special City Council Meeting of May 2, Regular Meeting of May 9, Board of Review Meeting of May 16, and Special City Council Meeting of May 16). 6.02.1) Resolution Approving Disbursements as Required by Minnesota Statutes 471.87-471.89 Cy's Uniforms — Res2000-256). 6.02.2) Resolution Approving Disbursements for the Period ending May 12, 2000 (Res2000- 257). 6.03) Resolution Awarding the Contract for Insurance for the 200/2001 Insurance Program Res2000-258). 6.04) Resolution Awarding Bid for Printing of City Newsletter (Res2000-259). 6.05) Resolution Reducing Required Financial Guarantee for Silverthorne 0 Addition (97133 Res2000-260). 6.06) Resolution Approving Lot Division and Consolidation for Meon Leuer Construction for Property located north of Medina Road between Lawndale Lane and Holly Lane (20039 — Res2000-261). 6.07) Resolution deferring Fire Code Variance request by the Best Western Kelly Inn, located at 2705 Annapolis Lane North to the Minnesota State Fire Marshal Division (Res2000-262). 6.08) Resolution Approving Fire Code Variance for National Bankcard Services, Inc. for the Proposed Office Building to be located south of 45`" Avenue and west of Highway 169 (20057 — Res2000-263). Adopted City Council Minutes Regular Meeting of May 23, 2000 Page 3 of 21 6.09) Resolution Authorizing the Preparation of Plans and Specifications for Greenwood School Athletic Fields Upgrade (Res2000-264). 6.10) Resolution Requesting Dissolution of the Minnesota Police Recruitment System Res2000-265). 6.11) Resolution Authorizing the City Manager to submit an Application to the Metropolitan Council for a Livable Communities Demonstration Account Grant for the Reserve Development Res2000-266). 6.12) Resolution Supporting I-494 Corridor Commission efforts to secure Federal Funds for the Rebuilding of the I -494/35W Interchange (Res2000-267). 6.13) Resolution Authorizing the I-494 Corridor Commission to enter into Agreements to pass through funds to the City of Eden Prairie (Res2000-268). 6.14) Resolution Approving Change Order No. 1, 1999 Street Reconstruction Project (9001 — Res2000-269). 6.15) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for 11th Avenue Street Construction Project (9911— Res2000-270 & Res2000-271). 6.16) Ordinance Amending Chapter XI of the Plymouth City Code Concerning Alarm Systems Ord2000-19). 6.17) Resolution Supporting a Pedestrian and Crosswalk Safety Program in the City of Plymouth and Authorizing Staff to make Application for Grant Funding through the Minnesota Safety Council (Res2000-272). Councilmember Bildsoe extended his appreciation to the Public Safety Advisory Board on their review and recommendation on Item No. 6.16. He added that he would be abstaining from item No. 6.02.1 due to a conflict of interest. Councilmember Black recorded a no vote on item No. 6.12 due to what she perceives as a lack of support by the I-494 Corridor Commission on mass transit issues. Mayor Tierney commented regarding item No. 6.17, she feels it is very effective when the yield sign and crosswalk are painted on the roadway. Adopted City Council Minutes Regular Meeting of May 23, 2000 Page 4 of 21 Mayor Tierney reported a minor change was made to page five of the May 9 Council minutes. Motion carried to approve the Consent Agenda. Public Hearings 7.1) Public Improvement Hearing for Holly Lane Street and Utility Improvements (9024) Public Works Director Moore reported this improvement would provide sanitary sewer and water facilities and a 32 foot wide (standard residential street width) 9 -ton bituminous street with concrete curb and gutter, an 8 -foot wide trail and storm sewer to the existing properties along Holly Lane from Old Rockford Road to the Canadian Pacific railroad crossing. He stated there are proposed assessments to the benefiting property owners; however, this is not an assessment hearing. He explained the City continues to urbanize part of the area designed for the urban growth area, and this part of the roadway has been part of the Transportation Plan as a main collector roadway ever since the first plan was adopted in 1972. IS Craig Ebeling, engineer for Howard R. Green, consulting engineer for the project, illustrated the proposed project. He stated the roadway currently consists of temporary gravel. He stated even though they are recommending widening the roadway, they do not want to encourage excessive speed on the roadway due to the design of the roadway. Therefore, they have suggested utilizing the technique of narrowing the roadways for traffic calming, and striping would be utilized to contain the traffic. Three traffic lanes are proposed to allow for turning areas and transitions at Old Rockford Road. The project would also be inclusive of walkway/bituminous trail on the west side of the road. He explained the 16" watermain would begin at a point on 45'x' Street to the intersection of Chicago Pacific railroad and then to the northeast to connect to an existing watermain. The sanitary sewer would connect onto the existing facilities on 45`" street and extend to a point near the Hollydale Golf Course's club house. He explained this project does not meet the City's criteria for additional ponding, therefore, the existing pond would be utilized as well as installing additional piping. Regarding the storm drainage improvement, there are some problems associated with the Old Rockford Road culvert. Therefore, if the project would be approved, they would propose to also improve that culvert. Lastly, he stated the project costs approximately $836,000, but with the indirect costs and construction contingency, the total project cost is approximately $1,128,000. Public Works Director Moore stated the Plum Tree East development has included their assessments as part of their development contract. Therefore, approximately $428,000 would be assessed to the property owners. The remainder of the assessments would come from State aid funds and utility funds. In addition, the Council has established a policy for larger properties that Adopted City Council Minutes Regular Meeting of May 23, 2000 Page 5 of 21 could be divided in the future. The policy states that the basic assessment is only for the home that is homesteaded, and the remainder of the assessment would be deferred until the property is developed. He stated staff has discussed with the owners of the Hollydale Golf Course their proposed assessment and the recommendation that this assessment be deferred, with interest, unless the golf course is redeveloped into residential uses. In addition, a considerable amount of discussion was held on whether Holly Lane should be realigned at this time. The golf course would be required to rearrange their parking lot since approximately one-third of their parking lot is now currently within the public right-of-way and uses the public street as its drive aisle. The golf course has adequate land, although the vacant land is on the west side of existing Holly Lane. If the roadway would be realigned, this would place a portion of this vacant land on the golf course side of Holly Lane and be a much better and convenient parking area. He stated staff is recommending the hearing be conducted this evening to receive input. At the conclusion of the public improvement hearing, the Council would not take any action to order the project at this time, but direct staff to work with the owner of the golf course to possibly implement the realignment of Holly Lane adjacent to the northerly portion of the golf course. Councilmember Black asked if individuals who reside on the north side of the railroad tracks would still access the current roadway. Public Works Director Moore stated until Schmidt Lake road is constructed, that roadway would remain. However, after the moratorium ordinance expires in two months, there could be future development which would no longer warrant the road. He stated if realignment is proposed for the portion north of the railroad tracks, there would be a public improvement hearing. The property owners to the north of the railroad tracks were not notified of this evening's hearing. By request of Councilmember Brown, Public Works Director Moore explained the deferment policy for senior citizens and disabled residents. Mayor Tierney opened the public hearing for testimony. Gary Anderson, 4520 Holly Lane, illustrated where his property is located and stated his assessment is $24,000. He wouldn't derive any benefit from this project, as he would be losing landscaping as well as a culvert under the street that assists in the drainage of his property. His major concern is that the speeds on this road are excessive. Even though the Council voted for partial development of Northwest Plymouth, the development doesn't seem to be decreasing. Adopted City Council Minutes Regular Meeting of May 23, 2000 Page 6 of 21 Roger Schmidt, 4835 Holly Lane, stated he resides south of the railroad tracks, and it is very unsafe to travel over the railroad tracks to Schmidt Lake Road. He is concerned about his proposed assessment of $39,000 as it doesn't include utilities, just curb and gutter. Bill Pritchard, representing Lundgren Bros. Construction (Orrin Thompson Homes), stated they own part of the area where development would occur after Schmidt Lake Road is improved. Therefore, they support this project. The improvement would also improve and facilitate the drainage of the area. Bill Deziel, 4540 Holly Lane, co-owner of Hollydale Golf Course, requested that the City review the alignment of Holly Lane going through the woods north of the railroad tracks. He had hoped that a corner of the Lundgren development was acquired to slope the land and make the turn just a little sooner so that it doesn't go through the parking area. He is unsure how that would be assessed and how the road would be constructed through the woods. He stated their proposed assessment is $164,000. However, they are being assessed for utilities, and they have their own lift station and use less water than a four -person household. In addition, they have frontage that probably won't be developed as long as they own the property. He explained even with the deferment of the assessment, at eight -percent interest there would still be a sizable assessment. He suggested this project be delayed until there is further study on the alignment through the woods, and if there would be an additional assessment. Richard Deziel, 16100 46th Avenue North, co-owner of Hollydale Golf Course, stated when the Plum Tree East development was to be constructed, there wasn't going to be any problem with drainage. He questioned the need for Holly Lane with Schmidt Lake Road being constructed. It is a hazardous area for people to cross with all the traffic traveling in that area. Merrill Paulson, 473 Leeward Trail, Woodbury, stated it may be better to not align the road to the west. He favors the road being straighter to allow more distance between Schmidt Lake Road and the railroad tracks. Paul Bridges, 4400 Holly Lane, stated he resides at the corner of Old Rockford Road and Holly Lane, which is the area where the road widens. He stated there is a growing problem with the traffic associated with the school. He questioned why the road is being constructed as a heavy tonnage road. He stated there are 11 properties being assessed, and people residing on Holly Lane are carrying the majority of the cost of the project. Mayor Tierney mentioned the high assessments, and she asked if all concerns have been addressed. Public Works Director Moore stated a significant amount of the assessments would be deferred at this time. Adopted City Council Minutes Regular Meeting of May 23, 2000 Page 7 of 21 He stated the southerly part of the roadway had been asphalt in the past but not built to any urban type standard. However, that portion would be considered as street reconstruction. The assessment wouldn't included curb and gutter and utilities. Public Works Director Moore stated Holly Lane serves as a collector street. In order that the road could have a projected life of 20 years, it would be designed as a nine -ton roadway. He stated with the development of the Plum Tree East Addition, they were required to construct a holding pond. He stated it is most economical for the storm water to flow south on Old Rockford Road. Mayor Tierney commented that the traffic on Old Rockford Road would only get worse. Public Works Director Moore stated that is correct, and that roadway would need to be upgraded in the future. However, the roadway may still be a two-lane road but with turn lanes. If traffic volumes would warrant traffic signals, they would be installed. Public Works Director Moore stated this project is proposed at grade level at the railroad crossing. There would be trains crossing this area, and there would be occasions when the train would have an effect on Holly Lane. He added construction of Schmidt Lake Road is scheduled for 2003 in the Capital Improvements Program. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to close the public hearing and direct staff to work with the owner of the golf course on the possible realignment of Holly Lane from the approximate parking lot of the golf course northerly to the Chicago Pacific railroad. Councilmember Bildsoe expressed his concern as to what impact this project would have on the Conor Meadow's development. Councilmember Slavik was hesitant in closing the public hearing. However, she noted that residents would have the opportunity to contact the Council and/or staff and address the Council at a future meeting. There being no further discussion and with all members voting in favor, the motion carried. Public Works Director Moore stated all affected residents would be notified as to the status of this project. He also assured the Council that if there would be a different proposed realignment of Holly Lane, all affected residents would be notified, and a public hearing would be conducted. Adopted City Council Minutes Regular Meeting of May 23, 2000 Page 8 of 21 The Council took a five minute recess and reconvened the meeting at 8:40 p.m. General Business 8.1) Rezoning from RSF-2 (Single Family Detached 2) to RSF-4 (Single and Two Family) and a Preliminary Plat for 40 Twinhome Units located south of 34th Avenue and east of Pilgrim Lane (Sunrise Park Development, LLC. — 20022) Community Development Director Hurlburt reported on the proposed development located south of 34th Avenue and west of Plymouth Oak Apartments. She explained the applicant is requesting approval to rezone the 18.65 -acre site from RSF-2 (Single Family Detached 2) to RSF-4 (Single and Two Family). In addition, the applicant is requesting approval of a preliminary plat to allow the creation of 40 lots for the purpose of constructing 40 twinhome units on the lots. She stated the site is guided LA -1 and abuts areas that are LA -4 and LA -1. The applicant would comply with the density range permitted under the LA -1 guiding, which allows a maximum of three units per acre. The developer's proposal for 2.69 units per acre would comply with the land use element of the Comprehensive Plan. The requested rezoning from RSF-2 to RSF-4 would allow a different housing style (twinhomes), but would not affect the permitted density of the development. She explained the area encompasses approximately 18 acres with seven acres in the wetland. She stated, in discussing the rezoning, some of the criteria that needs to be reviewed are if the plan is consistent with the Comprehensive Plan and Zoning Ordinance, if it meets the density requirement, whether the proposed zoning meets transition to other uses, housing goals, and preserving natural features. She stated the wetland occupies a central portion of the site, and the developer is proposing to fill 0.14 acres of the seven -acre wetland and provide on-site mitigation at the required 2:1 ratio. The applicant is required to prepare a wetland mitigation plan for review and approval by the Council. Staff has included this as a condition of approval in the Resolution. She explained the applicant's plan proposes direct driveway access onto 34th Avenue for the 14 units on the north, driveway access off Kilmer Lane for the four units on the east and the remaining units would be accessed via private drives off the extended 31 St Avenue cul-de-sac. The proposed cul-de-sac would comply with the City's subdivision regulations. She stated the plan also identifies two private drives off the 31St Avenue cul-de-sac. The private drives would be 22 -feet wide and would have a 10 -foot concrete apron at both entrances to distinguish them from the public street. The entrances to the private drives would also be marked with signage identifying them as private drives. She stated the applicant proposes to incorporate 13 parking spaces along the private drive to further distinguish them Adopted City Council Minutes Regular Meeting of May 23, 2000 Page 9 of 21 from a public street. The proposed private drives would be consistent with the City's policy relating to private drives. She stated the City's Comprehensive Plan indicates a public trail through the site. The developer's plan indicates an eight -foot trail in a 20 -foot easement along the west portion of the property from Sunrise Park on the south to the end of the private drive on the north. The trail between the private drive and 30 Avenue would be a 15 -foot trail/emergency access in a 20 - foot easement. This would comply with the City's Comprehensive Plan. The developer would be reimbursed for the cost of the eight -foot wide portion of the trail. She explained regarding tree preservation, the zoning ordinance requires preservation of 50% of the caliper inches of the significant trees for residential development sites, or reforestation and/or monetary restitution for any removal in excess of this threshold. She stated the applicant submitted a tree plan indicating that 4,300 inches of significant trees, or 40%, would be removed. She stated there would be no impact from the Highway 169 interchange with this development. She reported the Planning Commission is recommending approval of an Ordinance rezoning 18.65 -acres from RSF-2 to RSF-4, Resolution approving findings of fact for the rezoning, and a Resolution approving a 36 -lot Preliminary Plat for Sunrise Townhomes Addition (excludes four lots that were proposed on Kilmer Lane). Councilmember Brown commented in his discussions with neighbors regarding this development, there is a large amount of confusion as to how the density is calculated at 2.69 units per acre. Community Development Director Hurlburt explained how the density is calculated and stated that with the new Comprehensive Plan, all wetlands would be excluded from the density calculation. Councilmember Brown asked about the status of the property on Kilmer Lane if the four lots are removed. Community Development Director Hurlburt stated that property would become part of the existing lots, and the lot lines would be redrawn. Mayor Tierney asked if there would be the opportunity for tree planting on these four lots. Community Development Director Hurlburt stated the developer might consider additional landscaping or berming of those lots. Councilmember Slavik asked if the Council were to reject this development, what type of development could be developed with the current rezoning (how many single-family homes). Community Development Director Hurlburt stated staff has not studied that. Adopted City Council Minutes Regular Meeting of May 23, 2000 Page 10 of 21 Councilmember Bildsoe asked if this property was ever considered for open space acquisition. City Manager Johnson stated this was one of the 25-30 parcels that were studied five years ago. However, the property rated low on the list. Councilmember Black asked under what conditions could the Council deny the rezoning. Community Development Director Hurlburt replied the Council's discretion on rezoning is fairly broad. However, the Council needs to allow a use that is consistent with the Comprehensive Plan. Mayor Tierney asked if the developer has considered constructing single-family homes rather than twinhomes. Community Development Director Hurlburt stated based on the cost of the land, their only proposal has been twinhomes. Councilmember Brown asked if the City could require the developer to construct their private streets within the development to City standards. Community Development Director Hurlburt replied if that would occur, then the streets should be considered City streets. Councilmember Brown asked with the proposed rezoning, could single-family homes be constructed. Community Development Director Hurlburt replied the rezoning allows twinhomes by right, but also single-family homes. Councilmember Slavik asked if there is a possibility to close 31" Avenue. Community Development Director Hurlburt stated if this access weren't allowed, there would need to be a public road on the side of the wetland for access to that area of the development. Councilmember Black asked under what conditions does the City remove the four homes on Kilmer Lane. Community Development Director Hurlburt replied it would be based on the overall layout of the site. The Council could base their decision that there would be very little or no buffer to Highway 169, access is poor, and the four lots are very isolated from the remainder of the development. Councilmember Brown asked how much wetland would be affected by deadending 31 St Avenue. Community Development Director Hurlburt stated a majority of the vegetation would need to be removed on the west property line. She added there would be no room for buffers or setback. Councilmember Brown asked due to a lot of young families residing in the neighborhood, could there be any kind of traffic calming methods the Council could utilize at 34U' and Pilgrim and at 31 St? Public Works Director Moore added the Council could consider speed humps and/or traffic signs. Adopted City Council Minutes Regular Meeting of May 23, 2000 Page 11 of 21 Arnold Zachman, 4737 East Country Lane, Minnetonka, representing the developer, stated they are targeting the empty nester market. He stated there would be two different styles of ramblers, and both styles would be designed with all the space on the main level. He illustrated the proposed floor plans as well as the exterior of the homes. He stated they feel this development would be the best use of the land, and it would provide a buffer between the apartments and residential single-family homes. The proposed development would be saving more trees and wetland areas. He stated they have complied with the existing LA -1 guiding, and the request for the rezoning is just for the attached single-family housing. He stated regarding the four units located on Kilmer Lane, there would be additional landscaping and berming in front of those units. He explained that the congestion and noise near these units due to Highway 169's proximity wouldn't be a problem as the main part of the living unit is in the back of the structures. He asked the Council to not remove these four units from the development. Mayor Tierney voiced her concern of these units close proximity to the LA -4 area. Jay Duggan, 3320 Pilgrim Lane, stated with this proposed development, there would be a new 15' road through his backyard. He stated no property owners in the neighborhood are concerned about a decrease in property values but are more concerned that this property is a wetland which drains into a City park and eventually empties into Medicine Lake. By increasing the density, it would definitely impact the drainage of the site. He stated they would prefer single-family homes which would be a lower density to mitigate traffic concerns. He preferred the original site plan where the development exited out on 34h with interior frontage roads. He stated there were alternate site plans suggested by the neighborhood. He requested the rezoning be denied until a better site plan is submitted for the property. John Bolen, 3260 North Pilgrim Lane, stated there have been no traffic counts, and there are questions regarding the drainage of the property into Medicine Lake. There has also been no discussion on the number of holding ponds and the volume of water involved with this development. He stated that on the Preliminary Plat, there are property lines drawn into the wetland. Therefore, those figures shouldn't be calculated into the density limits. He asked who is responsible for the sedimentation in the holding ponds. In conclusion, he requested the Council table this until an acceptable proposal is submitted for this property. Mark Bomchill, 9905 31 sc Avenue North, stated he's very concerned about the traffic. He stated the pedestrian walkway is mainly used by the neighborhood children to go to the park. He's concerned about the children's safety. He stated he doesn't doubt that this development is geared for empty nesters, but empty nesters generate a fair amount of traffic due to children and grandchildren visiting them. He requested that the Council consider the welfare of the children. Elizabeth Gerich, 3220 Pilgrim Lane, stated the stop sign near her house does have a calming effect once in a while. She expressed her concern to the Council regarding the size of the Adopted City Council Minutes Regular Meeting of May 23, 2000 Page 12 of 21 development and the traffic. She reiterated that empty nesters contribute to traffic concerns. She stated due to traffic, she and her children currently avoid Pilgrim Lane when riding their bicycles. She requested the Council deny the rezoning, as it would definitely impact the traffic and safety of their neighborhood. Phil Marin, 9880 31St Avenue North, stated he supports single-family homes. He stated he is very concerned about vehicles traveling on 31St. He indicated the neighborhood is very concerned for the safety of the children as the street isn't wide enough. Mayor Tierney requested the staff address the concerns of the holding ponds. Public Works Director Moore stated any developments over one-half acre are required to have holding ponds. The property owners within the development are responsible for cleaning the ponds about every 10 years. The purpose of the holding ponds is to treat the water before it empties into Medicine Lake. Mayor Tierney asked the width of 31 st Avenue. Public Works Director Moore stated it is a 32' wide street, which is a typical residential street. Mayor Tierney informed the citizens that the Council is very concerned about safety, and the Council in the past has addressed some issues with the installation of stop signs. Mayor Tierney asked if the developer has considered any other type of housing and the transition between the adjacent uses. Community Development Director Hurlburt replied the wetlands provide a good transition as well as a variety of landscaping and other kinds of physical separations. She stated there are many factors that determine whether this is a good transition. Mayor Tierney stated the proposed trail through this development would provide the residents the opportunity to not only access the trail system but to access the neighborhood park. Community Development Director Hurlburt agreed and stated the proposed trail plan would complete the section of trail to avoid walking on Pilgrim Lane in order to get to the park. Councilmember Bildsoe asked if sidewalks are proposed on the residential side of 34h Avenue. Community Development Director Hurlburt stated no. However, that possibility could certainly be reviewed and could be required as a condition of the preliminary plat since the street is a minor collector street (the sidewalk would be located on the south side of the street). Councilmember Bildsoe indicated his support for the sidewalk due to safety concerns. He indicated his support in removing the four units on Kilmer Lane, and he suggested that the cul-de-sac be eliminated as well. Adopted City Council Minutes Regular Meeting of May 23, 2000 Page 13 of 21 Motion was made by Councilmember Black, and seconded by Councilmember Harstad, to adopt an Ordinance Rezoning 18.65 acres from RSF-2 to RSF-4, Resolution Approving Findings of Fact for the Rezoning, and a Resolution Approving a 36 -lot Preliminary Plat for Sunrise Townhomes Addition. Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to eliminate lots 27, 28, 29, and 30 on the Preliminary Plat in order to avoid impact on the wetland. Public Works Director commented that the wetland mitigation plan has not been presented to the Council. He stated even if the Preliminary Plat were approved including those four lots as proposed, the wetland mitigation plan would still need to be reviewed by the Council. Councilmember Brown stated he has difficulty supporting the Preliminary Plat as proposed; however, he does support the rezoning of the property. Mayor Tierney spoke against the proposed amendment in removing the lots as she doesn't view them as a threat to the development nor is there any need to reduce the traffic within the development. Councilmember Black stated she would like to avoid the impact to the wetland. With all members voting in favor of the amendment but Tierney, the motion carried. Councilmember Bildsoe stated he too doesn't support the preliminary plat as he would prefer that there would be single-family homes in the middle of the development and twinhomes on the outside of the development. Mayor Tierney stated since not all of the Councilmembers are present this evening, and the rezoning requires a 5/7 vote of the Council while the preliminary plat and findings of fact for the rezoning require 4/7 vote, the developer could request the Council to postpone this item. Mr. Zachman requested the Council postpone this item until their next Council meeting. Motion was made by Councilmember Brown, and seconded by Councilmember Black, to postpone the action until the June 12 Council meeting. With all members voting in favor, the motion carried. Adopted City Council Minutes Regular Meeting of May 23, 2000 Page 14 of 21 Councilmember Bildsoe asked staff if the cul-de-sac on Kilmer Lane could be eliminated. Public Works Director Moore replied staff recommends the Council approve the preliminary plat first, and then it could be reviewed since the cul-de-sac doesn't provide access to anything. Councilmember Slavik briefly left the Council meeting at 10:20 p.m. and returned at 10:35 p.m. 8.2) Consideration of Interim Ordinance Temporarily Prohibiting Development Applications and all Zoning and Subdivision Approvals within Study Area C (20065) Community Development Director Hurlburt reported the City is in the final stages of a complete update to its Comprehensive Plan. The land use element of the plan will identify five areas for future study. While the Council determined that a change in land use might be warranted in each of these areas, further study is needed before any guiding changes are made. She stated staff has included Study Areas D and E in its 2000 work plan. The City currently has an interim ordinance prohibiting development applications in Study Area D, which will expire on July 31, 2000 or when the study is complete. The work plan for Study Area E should be completed by the end of this year. She stated on April 25 the Council directed staff to prepare interim ordinances for Study Area C and Study Area E. She stated at that meeting, a landowner requested the City establish a formal moratorium on Study Area E. The Council directed staff to notify the affected landowners and draft interim ordinances for tonight's Council meeting. She stated notices were mailed to all property owners in Study Area C and Study Area E. She recommended the Council adopt interim ordinances prohibiting building permits, development applications, sketch plan reviews, and all zoning and subdivision approvals within Study Area C until May 23, 2001 or until completion of the study, whichever occurs first; and Study Area E until December 31, 2000 or until completion of the study, whichever occurs first. She reported that a developer is currently preparing a development application in Study Area C that would be impacted by the moratorium. In addition, another developer a warehouse development that would be impacted. However, both of these applications would not allow them to be exempted from the moratorium. Hewitt Peterson, 11085 56`J' Avenue North, spoke in support of the moratorium ordinance for Study Area C. Darrell Gauvitte, 5550 Nathan Lane, expressed his concern regarding Study Area C. He illustrated the five acres that he and his wife own between Nathan Lane and Trenton Lane. He stated this property has been for sale for a long time; however, within the last year there has been quite a bit of interest. He stated they would support a moratorium for six months rather than the proposed year, and they requested this study area be a high priority for staff. Adopted City Council Minutes Regular Meeting of May 23, 2000 Page 15 of 21 Tom Gallagher, P.O. Box 110, St. Michael, representing Astleford Family Limited Partnership, stated they prefer the City not institute a moratorium on Study Area C, but have the three property owners involved present their plans to the City. He stated the Astleford Family Limited Partnership would be in the position to present a development plan to staff by this fall. Councilmember Black asked what the property owners would be willing to discuss with the City. Mr. Gallagher replied they would like to present a development proposal that would be acceptable to the City. The property owners have been sharing ideas about the plan. Mayor Tierney asked if they would be requesting a change in the guiding. Mr. Gallagher replied no. Councilmember Black stated that the commercial use site that is proposed in Study Area C could pose a conflict with the neighborhood. She stated this is a significant area in her ward, and she would like to see amenities on this portion. Roy Stromme, 520 Marquette Avenue, stated his property is located in the southeast corner of Study Area C. He stated the east/west portion of that property is located outside of the study area. He stated currently they are constructing an 84,000 square foot building located east to west on the south part of the property. Therefore, to remove the 1.7 acres on the north side of his area is unexpected. He requested the 1.7 acres be exempt from the Study Area C's moratorium as it presents an unworkable situation for their development. He stated they would like to begin the second phase of their project, but the proposed moratorium would preclude that. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt an Interim Ordinance Temporarily Prohibiting the Issuance of Subdivision Approval and Zoning Approvals in Study Area C (located south of CSAH 10, Bass Lake Road, east of Trenton Lane and west of Highway 169) (Ord2000-20). Motion was made by Councilmember Bildsoe, and seconded by Mayor Tierney, to amend the motion to exclude the northerly 1.7 acres of Mr. Stromme's property from the Interim Ordinance. With all members voting in favor of the amendment and the amended motion, both motions carried. Joe Rupar, 18140 Highway 55, requested the Council adopt the interim ordinance for Study Area E. Adopted City Council Minutes Regular Meeting of May 23, 2000 Page 16 of 21 Jim Yarosh, representing the Fine Family, indicated their support for the interim ordinance for Study Area E. He stated with this area being currently labeled as a study area, it created uncertainty for the development of the property. The advantage to an interim ordinance is that is establishes time limits on the study area. Mel Mastley, 18035 Old Rockford Road, explained where their property is located. Community Development Director Hurlburt stated their property is not located within the Study Area E. Debbie Burns, 18130 Highway 55, illustrated where she resides within the study area. She requested this process move quickly. Mr. Rupar stated they are neighbors to the Burns. This property was zoned commercial as long as they can recall. He asked when the study begins of the area. Community Development Director Hurlburt explained staff studies all the existing conditions as well as traffic patterns, transition issues, alternatives and suitable uses, and presents options to the Planning Commission. The process includes all affected landowners. She stated staff hopes to have this study completed by the end of this year. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Harstad, to adopt an Interim Ordinance Temporarily Prohibiting the Issuance of Subdivision Approval and Zoning Approvals in Study Area C (located south of Old Rockford Road, north ofState Highway 55 and west of Peony Lane) (Ord2000-21). With all members voting in favor, the motion carried. 8.3) Reguiding from CO (Commercial Office) to LA -4 (Living Area 4) and a Rezoning from O -R (Office Residential) and B -C (Business Campus) to RMF -4 (Multiple Family 4) for Three Parcels of Land located northeast of 45th Avenue and Nathan Lane (20050) Community Development Director Hurlburt reported on April 11, the Council ordered a public hearing for consideration of a possible reguiding from CO (Commercial Office) to LA -4 (Living Area 4) and a possible rezoning from O -R (Office Residential) and B -C (Business Campus) to RMF -4 (Multiple Family 4) for three parcels (approximately 29 acres) of land located north of 45'h Avenue, east of Nathan Lane, and west of Highway 169. The proposed reguiding and rezoning would allow multiple family and attached housing. The density range allowed under the LA -4 guiding would be 12 to 20 units per acre. Office and other non-residential development would be prohibited under the proposed guiding and zoning. She stated at the May 3 Planning Commission meeting, the Planning Commission reviewed four options for the property. Staff recommended approval of Option C; however, the Planning Commission recommended Option D. She explained Option D is a Land Use Guide Plan Adopted City Council Minutes Regular Meeting of May 23, 2000 Page 17 of 21 amendment to reguide the two lots north of 45th Avenue from CO (Commercial Office) to LA -4 Living Area -4), subject to the findings contained in the proposed resolution. She stated in discussing what the appropriate guiding would be for this property, there were concerns about isolating a residential area with business uses surrounding it. In changing the guiding of the property to LA -4, a number of criteria must be considered, which includes 1) reasonably direct access to arterial roadways, 2) a park within one-half mile walking distance, 3) nearby neighborhood shopping facilities, 4) close proximity to jobs, 5) sidewalk and trail connections, and 6) transit services within on -half mile. She stated there is a shortage of land for LA -4 developments. The proposed development would be supported by road improvements contained in the Capital Improvements Program. She indicated that all four options are viable options. She stated this evening, the Council would be addressing the Land Use Guide Plan amendment, and the rezoning of the property would be presented to the Council at a future date. Mayor Tierney stated she is concerned if there is adequate space to provide a play area. Community Development Director Hurlburt stated while a portion of the development is within one-half mile distance of the Rolling Hills Park, access is not convenient and would require pedestrian crossing of Nathan Lane. Therefore, as a result, private recreational facilities within the development or an additional neighborhood park/mini park would be necessary if this property is reguided to LA -4. Dave Sellergren, 1100 International Center, 900 2nd Avenue South, Minneapolis, representing Liberty Property Trust, stated they support Option D. However, they object to the reguiding and rezoning. He stated for their property located to the north they would like to retain the CO guiding. He then illustrated their proposed commercial development for their property. He stated their proposed commercial use would be very compatible with the proposed apartments to the south. As a buffer between the two uses, there would be a grade change with a retaining wall. He stated there would be visual and distance separation between the two uses. Their commercial building would be a one-story brick and glass building. The adjacent residents to the west support their project, and Nathan Lane should be able to accommodate the traffic. Councilmember Bildsoe asked Mr. Sellergren how many loading docks are proposed for their building. Mr. Sellergren stated he is unsure, but the docks would all be located in the inner court yard area. Approximately 20% of the building would be utilized for light manufacturing. Councilmember Black mentioned the grade change between the commercial use and apartments, and that the grade change of the apartments to the south would be higher. Mr. Sellergren stated that is correct. Adopted City Council Minutes Regular Meeting of May 23, 2000 Page 18 of 21 Councilmember Black asked Mr. Sellergren what the separation would be between the commercial building and the apartment buildings. Mr. Sellergren replied he is unsure. Councilmember Black asked how high of a percentage of the commercial building could be used for industrial purposes. Community Development Director Hurlburt replied up to 40% could be industrial if approved by a Conditional Use Permit. Mayor Tierney expressed her concern about the proximity of the truck bays and its relation to the apartment buildings. Community Development Director Hurlburt commented that staff has not received a site plan for the commercial use, and there would need to be 300 foot separation and/or screening from the apartment usage. Mayor Tierney asked if there was the possibility of turning the commercial building around. Mr. Sellergren stated that is a possibility as their plans have not been through the City's site plan process. Councilmember Black stated in speaking with some of the neighbors, they were definitely feeling that this building wasn't going to be that close to the road, but more in line with the GE building. She is really concerned about the noise impacts and the grade change. Joshua Aaron, 7600 W 14th Street, representing Parkland Company who would be constructing the proposed apartments, stated they support either Option A or Option D. He stated with the proposed commercial use to the north, they would work in conjunction with that developer in order to provide appropriate buffers between the two developments. He illustrated the latest plan for the site, and they have relocated the easterly building away from the highway. He stated a mini park for this development would be incorporated along the wetlands. He commented the easterly building could be moved another 10 feet away from Highway 169 which would make it 200 feet from the highway. On the 10 -acre site, they could move the easterly building another 100 feet away from Highway 169 which would make it 200 feet from the highway. He stated there wouldn't be problem with their adjacent neighbor to the north, Liberty Property Trust. He concluded by stating that the apartment buildings would be four stories high. Mayor Tierney stated with the commercial use to the north, the apartments would be looking down at that site. Mr. Aaron stated the apartment buildings should be high enough and with all the additional buffering and landscaping, there shouldn't be a problem. Councilmember Black stated she is concerned about the sound of the air compressors and truck traffic generated from the adjacent commercial use. She stated this noise would be 24 -hours a day. She is very interested in how this would be screened from the apartments. She stated she would prefer one guiding rather than two for this property. Adopted City Council Minutes Regular Meeting of May 23, 2000 Page 19 of 21 Mr. Sellergren stated there is the perception that there would a high level of manufacturing generated from the commercial use. He stated there is no guarantee that there would even be manufacturing there. Motion was made by Councilmember Black, and seconded by Councilmember Harstad, to approve Option C (Land Use Guide Plan amendment to reguide the three properties from CO, Commercial Office, to LA -4, Living Area -4, with the exception of the area between the large wetland and Highway 169 subject to the findings listed in the Resolution). Councilmember Black stated in her opinion it makes more sense to have the CO area as the transition site rather than the transition between the commercial areas to the north. She stated she has been very hesitant about the CO use adjacent to a freeway. In addition, State laws indicate that the City should try to avoid impact to wetlands whenever possible. Mr. Sellergren requested this issue be postponed until the next Council meeting. He indicated that the Planning Commission approved Option D; however, the Council seems to deviating from that recommendation. Councilmember Black stated she would not support postponing this issue. Mayor Tierney stated approval of the Land Use Guide Plan amendment requires a 5/7 vote of the Council, and since there is not a full Council in attendance this evening, the City's policy is to honor the request of a petitioner if the Council action requires a super majority vote. Motion was made by Mayor Tierney, and seconded by Councilmember Slavik, to postpone this item until the June 27 Council meeting due to the Council's heavy meeting schedule for the June 12 Council meeting. With Harstad, Brown, and Black voting no, and Bildsoe, Slavik, and Tierney yes, the motion failed. The Council then voted on main motion to approve Option C. With Harstad, Brown, Black, and Tierney voting yes, and Bildsoe and Slavik voting no, the motion failed. Motion was made by Councilmember Slavik, and seconded by Councilmember Brown, to approve Option D as recommended by the Planning Commission. With Harstad, Bildsoe, Brown, and Black voting no, and Slavik and Tierney voting yes, the motion failed. Adopted City Council Minutes Regular Meeting of May 23, 2000 Page 20 of 21 Motion was made by Councilmember Harstad, and seconded by Councilmember Brown, to reconsider the postponing. With all members voting in favor but Black, the motion carried. The Council then voted on the motion to postpone the item until the June 26 Council meeting. With all members voting in favor but Brown and Black, the motion carried. 8.4) Initiate Alternate Charter Amendment to allow the Council to adopt an Ordinance requiring Mail Ballot or Special Elections not held on Regular Election Dates Assistant City Manager Ahrens reported the Charter Commission has recommended a proposed Charter amendment to appear on the November 2000 ballot stating, "Special elections not held in conjunction with a general election shall be conducted by mailed ballot if allowed by law." The Council discussed the proposed amendment at the May 16 meeting. At that meeting the Council proposed requiring mailed ballot for special elections as an ordinance amendment to the City Code, rather than a Charter amendment. She stated the Council directed staff to draft an ordinance which would propose an alternate Charter amendment following the model of a previous amendment which allowed an ordinance to require a super majority vote to increase the City's tax rate. The proposed Charter amendment contains a provision that an ordinance requiring mailed ballots for special elections could not be repealed until after a public hearing has been held by the Council, and repealing ordinance would not take effect until February 1 following the next succeeding City election. City Attorney Knutson stated the Council could send the proposed ordinance to the Charter Commission for their review, and if they would adopt the ordinance, there would be no need to place the issue on the November ballot. The Council could adopt the ordinance by unanimous vote. However, if the Council were to adopt the Ordinance this evening, and the Charter Commission rejected the proposal, two competing proposals could be on the November ballot. Mayor Tierney suggested the Council forward this ordinance to the Charter Commission with the recommendation that the commission also consider other options on how to increase voter turnout. Councilmember Brown asked if this amendment would be approved by the voters, could the Council ever repeal the section or would the voters have to repeal it? City Attorney Knutson stated once the amendment is adopted and approved by the voters, the Council alone does not have the ability to repeal the amendment. Theoretically, the Charter Commission could recommend a repeal that the Council could approve by unanimous vote. Adopted City Council Minutes Regular Meeting of May 23, 2000 Page 21 of 21 Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to send the alternate Charter amendment to the Charter Commission for their review and comment, without formal adoption. With all members voting in favor, the motion carried. Reports and Recommendations 9.1) Individual Sewage Treatment System (ISTS), Transfer of Responsibility to Hennepin County Community Development Director Hurlburt requested the Council adopt a Resolution and Ordinance transferring responsibility for enforcement of Minnesota Pollution Control Agency rules regarding individual sewage treatment systems to Hennepin County. She explained the Metropolitan Council has informed the City that the City's Comprehensive Plan would be considered incomplete unless the City established an inspection program. She stated as of January 1, 2000, the County established a program that satisfies all regional policy requirements. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt a Resolution Approving the City of Plymouth Transferring Enforcement of Minnesota Agency Rules 7080 to Hennepin County (20076 — Res2000-273), and an Ordinance Amending the Text of Chapter 7, Section 710 of the Plymouth City Code, Regulation of Individual Sewage Treatment Systems (20076 — Ord2000-22). With all members voting in favor, the motion carried. 9.2) Greenwood Elementary School Mayor Tierney reported Greenwood Elementary would be honoring, on June 1, four teachers and a principal who are retiring. She stated proclamations would be issued and either she and/or Councilmember Bildsoe would be attending this reception. Adjournment Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adjourn the meeting at 12:10 a.m. With all members voting in favor, the motion carried. Al andra R. Paulson, City Clerk