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HomeMy WebLinkAboutCity Council Minutes 04-01-1998ADOPTED MINUTES REGULAR COUNCIL MEETING APRIL 1. 1998 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the City Center, 3400 Plymouth Blvd., on April 1, 1998. COUNCIL PRESENT: Mayor Tierney; Councilmembers Bildsoe, Johnson, Preus, Spigner and Black. Councilmember Wold arrived at 8:40 p.m. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Finance Director Hahn, Park and Recreation Director Blank, Building Official Ryan, Planning Supervisor Senness, Volunteer Coordinator Anderson, City Attorney Knutson, and City Clerk Ahrens. Item 3 Plymouth Forum No one spoke at the Forum. Item 4-A Retiring Board and Commission Member Recognition The City Council recognized outgoing Board and Commission members: John Edson, Housing and Redevelopment Authority; Harvey Guttmann, Human Rights Commission; Jeff Johnson, Environmental Quality Committee; Tom Johnson, Park and Recreation Advisory Commission; and Tom Phillips, West Suburban Mediation Board. Item 4-B 1997 Report on City Volunteer Program Volunteer Coordinator presented the 1997 Volunteer Activities Report. Councilmember Bildsoe credited Nancy Anderson for her implementation and work on this successful program. Item 5 Approve Agenda Councilmember Black requested the addition to the agenda of an update on the trail bonding bill and description of the Green Print booklet. Mayor Tierney requested the addition of information from the League of Minnesota Cities on storm damage and an item on the Board of Review. Motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to approve the agenda with the addition of the four requested additions. Motion carried, six ayes, Wold absent. Adopted City Council Minutes April 1, 1998 Page 2 Item 6 Consent Agenda Items 6-P, 6-U, and 6-V were removed from the Consent Agenda. Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to approve the consent agenda as amended. Motion carried, six ayes. Item 6-A Approve Minutes Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt minutes of the March 4, 1998 Regular Council Meeting, and the March 18, 1998 Regular Council Meeting. Motion carried, six ayes. Item 6-B Approve Disbursements Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-196 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING MARCH 20,1998. Motion carried, six ayes. Item 6-C Town and Country Homes, "Holly Creek Village" (97011—F) Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-197 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR TOWN AND COUNTRY HOMES, INC. FOR PROPERTY LOCATED IN THE NORTHWEST QUADRANT OF HIGHWAY 55 AND DUNKIRK LANE (97011—F). Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-198 ADOPTING ASSESSMENTS, CITY PROJECT NO. 8014, SANITARY SEWER AND WATERMAIN AREA, HOLLY CREEK VILLAGE. Motion carried, six ayes. Item 6-D Law Enforcement Labor Services, Local 18 Labor Contract Settlement Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-199 APPROVING THE LABOR AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND LAW ENFORCEMENT LABOR SERVICES (LELS) REPRESENTING PLYMOUTH POLICE OFFICERS FOR CALENDAR YEARS 1998- 1999. Motion carried, six ayes. Item 6-E Hans Hagen Homes, Interim Use Permit (98016) Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-200 APPROVING INTERIM USE PERMIT FOR HANS HAGEN HOMES FOR PROPERTY LOCATED NORTH OF MEDINA ROAD, EAST OF BROCKTON LANE AND WEST OF CO. RD. 101(98106). Motion carried, six ayes. Adopted City Council Minutes April 1, 1998 Page 3 Item 6-F Final Plat for Plum Tree 4th Addition (98019) Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-201 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR LUNDGREN BROTHERS CONSTRUCTION, INC. FOR "PLUM TREE 41" ADDITION" LOCATED AT THE NORTHWEST CORNER OF PEONY LANE AND OLD ROCKFORD ROAD (98019). Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-202 ADOPTING ASSESSMENTS, CITY PROJECT NO. 8013, SANITARY SEWER AREA, PLUM TREE 4TH ADDITION. Motion carried, six ayes. Item 6-G Daniel and Ann Marie Arnold, Transfer of Land Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-203 APPROVING LOT DIVISION/LOT CONSOLIDATION AND VARIANCE FOR DANIEL AND ANN MARIE ARNOLD FOR PROPERTY LOCATED AT 1745 TROY LANE NORTH AND 1755 TROY LANE NORTH (98004). Motion carried, six ayes. Item 6-H Robbinsdale Area Schools (ISD #281). Site Plan Amendment (98023) Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-204 APPROVING SITE PLAN AMENDMENT TO ALLOW INSTALLATION OF TWO SCOREBOARDS AT ARMSTRONG HIGH SCHOOL, 10635 36m AVENUE NORTH (98023). Motion carried, six ayes. Item 6-I Lawrence Begin. Interim Use Permit (97185) Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-205 APPROVING INTERIM USE PERMIT FOR LAWRENCE BEGIN FOR PROPERTY LOCATED SOUTH OF 43P -D (EXTENDED) AND APPROXIMATELY 600 FEET EAST OF FERNBROOK LANE (97185). Motion carried, six ayes. Item 6-J Untiedts Vegetable Farm. Zoning Ordinance Text Amendment (98012) Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt ORDINANCE 98-10 AMENDING THE PLYMOUTH CITY CODE, BY AMENDING CHAPTER 21, C-2 (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT (98012). Motion carried, six ayes. Adopted City Council Minutes April 1, 1998 Page 4 Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-206 APPROVING FINDINGS OF FACT FOR AMENDING SECTION 21460 (C-2, NEIGHBORHOOD COMMERCIAL) OF THE PLYMOUTH CITY CODE (98012). Motion carried, six ayes. Item 6-K Zahl Equipment Company (98013) Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-207 APPROVING A SITE PLAN AMENDMENT AND CONDITIONAL USE PERMIT AMENDMENT FOR THE AMOCO STATION LOCATED AT 3855 PLYMOUTH BOULEVARD (98013). Motion carried, six ayes. Item 6-L Change Order No.1 and Final Payment for Ice Arena Roof Systems Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-208 APPROVING CHANGE ORDER NO.1 AND FINAL PAYMENT TO WEATHERPROOF SYSTEMS, INC. Motion carried, six ayes. Item 6-M Change Order No.1 and Final Payment for Ice Arena Plexiglass Panels Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-209 APPROVING CHANGE ORDER NO.1 AND FINAL PAYMENT ON ICE ARENA PROJECT. Motion carried, six ayes. Item 6-N Award Contract, 1998 Crack Repair Program Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-210 AWARDING BID, 1998 CRACK REPAIR PROGRAM. Motion carried, six ayes. Item 6-0 Certificate of Exemption, Wetland Conservation Act Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-211 AUTHORIZING THE MAYOR TO SIGN THE CERTIFICATE OF EXEMPTION FROM THE WETLAND CONSERVATION ACT, OSTBYE & ANDERSON BUILDING EXPANSION, 1055 51sT AVE. N.; RYAN COMPANIES US, INC., (98029), NE SW SECTION 12, T118N, R 22W. Motion carried, six ayes. Item 6-Q Approval of Pavement Marking Bid for 1998 and 1999 Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-212 APPROVAL OF CONTRACTUAL PAVEMENT MARKING CONTRACT FOR THE YEARS 1998 AND 1999. Motion carried, six ayes. Adopted City Council Minutes April 1, 1998 Page 5 Item 6-R Approval of Hot Mix Asphalt Bids for 1998 Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-213 APPROVAL OF HOT MIX ASPHALT BIDS FOR 1998. Motion carried, six ayes. Item 6-S Water Tower Site Antenna Agreement, U.S. West Wireless, L.L.C. Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-214 APPROVING AGREEMENT, U.S. WEST WIRELESS, L.L.C., M.I.P. WATER TOWER ANTENNAS. Motion carried, six ayes. Item 6-T Authorization of Condemnation of Water Tower Site, Project 2012 Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-215 AUTHORIZING CONDEMNATION PROCEEDINGS, HOLLYDALE WATER TOWER SITE, CITY PROJECT NO. 2012. Motion carried, six ayes. Item 6-W Gasoline Service Station and Tobacco License Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-216 APPROVING GASOLINE SERVICE STATION AND TOBACCO LICENSE FOR HOLIDAY STATIONSTORES, INC. DB/A/ MR. GAS, 11021 HIGHWAY 55. Motion carried, six ayes. Item 6-X Approval of Bid for Sunrise Park Playground Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-217 APPROVAL OF BID FOR SUNRISE PARK PLAYGROUND EQUIPMENT. Motion carried, six ayes. Item 7-A Town and Country Caterers d/b/a/ The Reserve, On -Sale Liquor License City Clerk Ahrens presented the staff report on the request of Town and Country Caterers d/b/a The Reserve for an on -sale and Sunday liquor license at 3155 Empire Lane. Mayor Tierney opened the public hearing. No one appeared, and the hearing was closed. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-218 APPROVING ON -SALE INTOXICATING AND SUNDAY LIQUOR LICENSES FOR TOWN AND COUNTRY CATERERS, INC., D/B/A THE RESERVE. Motion carried, six ayes. Adopted City Council Minutes April 1, 1998 Page 6 Item 7-B Liquor Application of Hunan Buffet, Inc. City Clerk Ahrens presented the staff report on the request of Hunan Buffet, Inc., for a wine license at 10820 Highway 55. Mayor Tierney opened the public hearing. No one appeared, and the hearing was closed. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-219 APPROVING ON -SALE WINE LIQUOR LICENSE FOR HUNAN BUFFET, INC. Motion carried, six ayes. Item 8-a (6-U) Deny Tobacco License for Arkady's Market Motion was made by Councilmember Spigner, seconded by Councilmember Black, to place the request of Arkady's Market, 3435 Highway 169, for a tobacco license on the April 15 agenda and to direct staff to prepare a more detailed staff report, including the results of previous tobacco compliance checks. Councilmember Preus asked if there is any deadline for action on this item. Public Safety Director explained that there is no problem with timing on this action. He said that it is important that the applicant understands they do not currently hold a tobacco license and cannot legally sell tobacco without a license. Motion carried, six ayes. Item 8-A City of Plymouth, Sign Ordinance (97180) Community Development Director Hurlburt presented the staff report on the proposed Zoning Ordinance text amendment to comprehensively amend the Sign Regulations and a resolution with findings of fact for adopting the text amendments. She said that an update of the sign regulations was not included in the scope of the project at the time the Zoning Ordinance text was amended in December 1996. The moratorium ordinance prohibiting the installation of any new off -premise advertising signs (billboards) will expire on April 30, 1998. She explained that the public process used for review and amendment of the sign regulations included Planning Commission review, Plymouth Business Council meeting, two public meetings to which all Plymouth businesses were invited, Plymouth News articles, Planning Commission public hearing, and written comments. The Planning Commission has recommended approval of the ordinance. Adopted City Council Minutes April 1, 1998 Page 7 Director Hurlburt reviewed several of the changes in the proposed amendments. Currently all signs in the public right-of-way are illegal. The ordinance recognizes that some signs for community events could be legalized. The ordinances proposes to prohibit new outdoor advertising signs billboards and bus benches with advertising on them. No existing billboards or benches with advertising would have to be removed; they would become nonconforming. She said that the setback for freestanding signs would be reduced from 20 feet to 10 feet, and more flexibility is provided for public announcement signs such as Music in Plymouth. Staff examined electronic message boards and provided for such signs in a limited area of the City. The proposed ordinance addresses inconsistencies in the ordinance, including the business wall signage regulations, area identification signs and sharing of freestanding signs. She said that a 5/7 vote is required for adoption of the ordinance. Councilmember Preus said that he had expected to receive more public comment regarding the proposed ordinance, particularly with respect to billboards. Director Hurlburt said that no one commented on billboards at the public hearings. Many individuals called staff to question how the new ordinance would impact them, and in most cases there was little effect. Councilmember Preus noted that the proposed ordinance would limit on-site directional signs to buildings over 400,000 square feet. He asked how many buildings of this size are in Plymouth. He also asked about the provisions for freestanding signs in residential districts and advertising on bus benches. Director Hurlburt said that the size of directional signs would be unchanged except for a campus setting. Wayzata High School is probably the only existing building to meet the size criteria. She also explained the provision on freestanding signs in residential districts. Director Hurlburt said that the City Council previously adopted an ordinance to prohibit installation of additional bus benches with advertising. The proposed sign ordinance would retain this prohibition. Existing benches could remain and the advertising copy could be replaced on an existing bench. She said that off -premise advertising signs located in the right-of-way can be a distraction to motorists and a visual clutter. Councilmember Black said that the owners of Cottonwood Plaza had previously requested a sign variance. She asked if the proposed ordinance would allow the larger signs at Cottonwood Plaza. Adopted City Council Minutes April 1, 1998 Page 8 Community Development Director Hurlburt responded that the ordinance would make no change in the signage restrictions for this location. She explained that the applicant had previously applied for a variance which the City denied. The applicant challenged this ruling in court and the City's denial was upheld by the courts. Mayor Tierney asked if there is any change to how the ordinance would address garage sale signs and real estate signs placed in the right-of-way. Director Hurlburt said that no change in the ordinance is proposed on this issue. It would still be illegal to place signs in the right-of-way. This topic generated much discussion at the staff level. Signs placed in the right-of-way can obstruct visibility and are a visual nuisance. Since signs are not allowed in the right-of-way, those who do so are generally careful not to create a visibility problem and to promptly remove the signs. If this is legalized in the ordinance, then the City must set standards and develop a due process to notify owners of violations. It would be more difficult for the City to remove signs in a prompt manner when necessary and would result in more complicated legal actions and bureaucracy. The Builders Association has been contacted regarding this issue. Councilmember Johnson asked if real estate signs could be differentiated from other signage in the right-of-way. Director Hurlburt said that it would be difficult to regulate according to the message on the sign. The City does not currently have an organized effort to remove signs. It is handled on a complaint basis. Motion was made by Councilmember Black, seconded by Councilmember Johnson, to adopt ORDINANCE 98-11 AMENDING THE TEXT OF CHAPTER 32 OF THE PLYMOUTH CITY CODE REGARDING THE REGULATION OF SIGNS (97180). Motion carried, six ayes. Motion was made by Councilmember Black, seconded by Councilmember Johnson, to adopt RESOLUTION 98-220 APPROVING FINDINGS OF FACT FOR AMENDING SECTION 21155 (SIGN REGULATIONS), SECTION 21005 (RULES AND DEFINITIONS), SECTION 21180 PUBLIC PROPERTY/RIGHTS—OF—WAY), AND SECTION 21475 (CC, CITY CENTER DISTRICT) OF THE ZONING ORDINANCE TEXT 97180). Motion carried, six ayes. Item 8-11 Elim Care Inc. and Rottlund Homes, Cornerstone Commons (98032) Community Development Director Hurlburt presented the Planned Unit Development Sketch Plan for Cornerstone Commons located at the northeast Adopted City Council Minutes April 1, 1998 Page 9 corner of County Road 101 and Medina Road, south of Highway 55. The applicant, Elim Care Inc., is requesting informal comments prior to formal application, as well as a decision on whether the use of alternative wetland buffers will be permitted. She reviewed the history of the site and described the proposed project: 176 senior townhome units, 94 multi -family senior cooperative units, 50 multi -family assisted living units, 5,000 square feet of administrative offices, and 56 non -age restricted townhome units. There is also 17.3 acres of industrial property which is being incorporated with the adjacent Leuer property for future sketch plan consideration. Director Hurlburt said that issues discussed at the Planning Commission meeting included the need for good transitions and buffers between the residential units and the industrial and utility areas, options for separating truck traffic from residential traffic, dwelling unit types, and wetland impacts. She said that the future industrial sketch plan incorporating the Leuer Farm will create an opportunity to consider alternatives to the single access from Medina Road for residential and industrial uses. She said that Elim initially proposed a project geared toward seniors. Elim has now included some non- age restricted units for financial viability of the project and to provide transition between the senior units and the industrial portion of the project. Director Hurlburt said that this project would impact 3.1 acres of wetlands on the site. On-site mitigation is proposed to restore wetlands that have been heavily impacted by farming. The wetlands are considered high and medium quality; however, additional consideration will be given to whether they are properly classified. She said the standard buffer requirements would be 40 feet minimum and 60 feet maximum for a high quality wetland and 20 feet minimum and 40 feet maximum for a medium quality wetland. Those buffers would be half those amounts if the alternative buffers are allowed. The ordinance provides for alternative buffers where it is not practical to use the standard buffers. The criteria for using alternative buffers is based on size of the parcel, the existing roads and utilities, the percentage of the parcel impacted by wetlands, the configuration of wetlands, and the quality of wetlands. She said that alternate buffers have been used previously only once. Staff felt that the applicant has not met the burden of proof for the need for the alternative buffers for this project. If the alternative buffers are approved by the Council, the applicant would need to show the extraordinary management measures and location of alternative buffers at the step of the process. She said that future approvals which would be needed for the project include reguiding a portion of the site to LA -4, rezoning to PUD, PUD General and Final Plans, Preliminary and Final Plats, and Wetland Mitigation Plan. Councilmember Black noted that staff believes alternatives may be available to avoid the use of alternative wetland buffers. She asked if these alternatives have been discussed with the developer. Adopted City Council Minutes April 1, 1998 Page 10 Planning Supervisor Senness said that staff has discussed with the developer options of moving some buildings, reducing the size of some of the buildings, and reducing the number of townhome units. The applicant has chosen to remain with the existing plan. Councilmember Black said that buffers would be most impacted by the large building on the peninsula and the assisted living building. She asked if the applicant has considered options with regard to these areas to reduce the impact. Director Hurlburt said that this sketch plan proposes to fill wetlands to create buffers. This is not something that the City has encouraged to date. Bob Dahl represented Elim Care. He said that the staff report implies that alternative setbacks are requested around the entire site. The alternative setbacks would be needed only in the peninsula area. He said that flexibility is difficult on the site due to the amount and configuration of the wetlands. If alternative buffers cannot be used, major changes would be needed to the plan. Councilmember Johnson noted that the 56 units of non -age restricted townhomes would be priced from $90,000 to $120,000. She asked if these units will be handicap accessible. She said there is a need for affordable, handicap accessible housing in the City and transportation will be available to serve this site. Richard Palmiter represented Rottlund Homes. He explained that the villa townhomes are two-story townhomes not meant for adaptability. The age - restricted homes will be adaptable for accessibility. He explained that all of the cottage homes in the nearby Rockford Glen Project had the option for adaptability and two of the units have been made adaptable to date. Those units are priced at $150,000 to $160,000. He said that it is difficult to retain affordability with one level construction, and one -level construction is required for the option of handicap adaptability. Mayor Tierney said that she has concerns that the access road abutting the southerly residential units would carry industrial traffic. Director Hurlburt said that the joint planning of the industrial site and the Leuer farm will create options of access through Plymouth Ponds and an existing access from Medina Road. There will be opportunities for access that may be in replacement of or in addition to the proposed access for the residential area. She said there will be concerns about sight lines and the City Adopted City Council Minutes April 1, 1998 Page 11 cannot commit to a certain roadway design today. Elim and others involved have indicated a willingness to work on the roadway and access issues. Ron Peterson represented Peterson Environmental, consultant for Elim Care. He said the wetlands on the site were delineated in 1996. The delineation was field reviewed by the City staff and federal agencies in June 1996 and has been approved. He said there have been various types of disturbances to the wetlands. While both wetlands on the site were initially classified as high quality wetlands, staff as concurred that one wetland would be more appropriately classified as medium quality. The sketch plan currently shows about 3.05 acres of fill impact, and they will continue to pursue impact reduction during the design process. He said that the developer may request some sequencing flexibility in portions where the wetlands are substantially degraded. The required wetland mitigation replacement is exceeded in the plan, and there is some flexibility to generate a bit more wetland if needed. He will continue to work with staff to develop a more regular boundary for the wetland configuration. Mr. Peterson said that if the western wetland is classified as a medium quality wetland, the buffer and setback requirements could be met. He said that there are some points on the peninsula where the minimum buffer width requirements cannot be met for the high quality wetland; however, the alternative buffer standards could be met. He believes that the alternative buffer standards are appropriate because of the percentage of the parcel that is wetlands, the configuration of the wetlands surrounding the peninsula, and the quality of the affected wetlands. He noted that there are several benefits of restoring the wetlands to correct the damage from grazing and highway construction. Councilmember Black noted that staff believes there may be potential for the buildings to be relocated on the site. For example, the assisted living building could be placed on the peninsula in replacement of the senior building. She asked if the developer has considered staff's suggestion. Mr. Dahl said that over the course of the project planning, the buildings have been moved to various locations on the site. This sketch plan results in the least impact on the wetlands given the size of the buildings. He said that staff has suggested options of reducing the size or number of buildings and moving the buildings on the site. He said the densities need to be maintained in order to make this an economically viable project. He added that the assisted living population is a much more frail group and emergency access should be in the most accessible area on the site. Adopted City Council Minutes April 1, 1998 Page 12 Councilmember Johnson said that all of the buildings should have expedient access for emergency response. Public Safety Director Gerdes concurred. Mr. Dahl explained that they would like to keep the assisted living population more in the central area of the campus, rather than on the peninsula. Councilmember Black said that perhaps the developer could share with staff the plans for various building configurations on the site and explain why the current sketch plan is the best design. She said that the impact on the wetlands should be minimized to the greatest extent possible. She also suggested that if the future road redesign separates residential and industrial traffic, it may be possible to narrow the roadway to result in less impact to the buffer area. Mr. Dahl said that staff has seen earlier versions of the plan with various building configurations. Councilmember Bildsoe asked the developer to comment on the status of the project if the Council does not allow the alternative buffers and whether they would consider reducing the number of units. Mr. Dahl said that Elim has reached the point of least impact on the site given the size of the project. Additional changes would affect the economics of the project. If the buffers are not approved, they would attempt to refigure the sketch plan. Mr. Palmiter added that they will work hard to avoid the use of the alternative buffers, but may need flexibility for about 5 percent or less of the wetland buffer area. They understand that this is a very important subject for the Council. Councilmember Wold arrived at 8:40 p.m. Councilmember Bildsoe asked when work would begin to create the high and medium quality wetlands. Mr. Peterson responded that excavation work associated with the wetlands would occur at the same time as the site grading. Councilmember Bildsoe noted that Mr. Peterson previously served as a . consultant for the City with respect to wetlands. He asked if Mr. Peterson was involved in determining the designation of these wetlands as high quality and Adopted City Council Minutes April 1, 1998 Page 13 why the recommendation was now that one of the wetlands should be medium quality. Mr. Peterson responded that he was involved in this original designation. He explained that two numbers were transposed on a data sheet, and one of these wetlands should have been designated as medium quality rather than high quality. Mayor Tierney asked if child play areas for children are proposed on the site and whether there was consideration to locate the larger buildings near high traffic areas and industrial uses. Director Hurlburt said that transitions between the residential and industrial uses were considered, and the larger townhome buildings abut the industrial use. She said that the major transition occurs across the wetlands. Because the project is geared toward seniors, playgrounds are not proposed on the site. There is a city park to the south across Medina Road and school property to the west of this site. Mayor Tierney asked what staff is suggesting could be done with the site design to avoid the use of alternative buffers. Community Development Director Hurlburt responded that perhaps buildings could be reoriented, buildings could be removed, or units could be removed resulting in a shortening of a wing on the peninsula building. She said that staff is uncomfortable recommending approval of the use of alternative buffers throughout the project. If the alternative buffers were needed for only five percent or less of the project, staff may feel more comfortable with the request. Mr. Peterson explained that the distance between the wetland boundary and the nearest structure was measured every 60 feet on the site. There are approximately 5,300 linear feet of wetland boundary on the larger wetland which equates to 88 increments. Of the 88 measurements, only five could not meet the minimum buffer standard, which is about 6 percent. Councilmember Black said that she would like to minimize the use of alternative buffers to the greatest extent possible. She would consider the alternative buffers if the applicant clearly demonstrates the need. Councilmember Preus said he is uncomfortable in requiring the applicant to demonstrate something further unless the Council can provide clear guidance on what is acceptable. He believes that the applicant has tried to make a Adopted City Council Minutes April 1, 1998 Page 14 reasonable proposal for the use of alternative buffers and has explained why the reconfigurations suggested by staff are not economically feasible. Councilmember Black said that the plan of switching the location of the senior apartment building with the assisted living building was not presented to staff. Mr. Dahl said that various configurations of those buildings were drafted but not shared with staff. In response to questions by Councilmember Johnson, Director Hurlburt reviewed the criteria to determine whether alternative buffers should be considered. She said that the wetland regulations have significantly changed in the past few years which impacts how intensely people can use property. If this situation gets to the point where a person does not have reasonable use of their property, then variances are considered. The Planning Commission recommended that the standard buffers be applied in this situation. Staff's approach to the alternative buffers has been extremely conservative. Councilmember Black asked if the Council could require standard buffers now, but later consider a request for alternative buffers for the project. Director Hurlburt said that the applicant would need to submit a revised sketch plan in order to use alternative buffers if this sketch plan is approved with the standard buffers. Councilmember Johnson suggested that Condition 1 of the proposed resolution could be amended to state that if the applicant demonstrates the need for alternative buffers to staff, the alternative buffers could be used. She does not want to limit the applicant to the use of standard buffers at this time. Councilmember Preus said that the Council needs to decide on the use of alternative buffers and provide direction to the applicant. He does not believe that staff should solely make the determination of whether the need has been proven. Councilmember Johnson said that the Council can make the determination of whether the alternative buffers should be allowed, based on the staff recommendation after review of the various plan configurations. In response to a question from Councilmember Preus, Director Hurlburt said that if alternative buffers are to be used, the Council would have to affirmatively approve the use. Adopted City Council Minutes April 1, 1998 Page 15 Councilmember Preus suggested that the Council should take some action that will allow the option of using alternative buffers or it could jeopardize the project or require a complete redesign. He stated that the Council could amend the proposed resolution to indicate that a maximum of 10 percent alternative buffers would be allowed. He verified with Mr. Palmiter that this would be a maximum, and the developer should attempt to minimize the use of alternative buffers. Councilmember Black spoke against this concept. She would prefer the following language rather than designating a percentage: "The use of alternative buffers shall be prohibited unless the need is demonstrated, and it shall be minimized to the greatest extent possible". Motion was made by Councilmember Black, seconded by Councilmember Johnson, to adopt RESOLUTION PROVIDING INFORMAL COMMENTS ON THE PROPOSED CORNERSTONE COMMONS RESIDENTIAL DEVELOPMENT SUBMITTED BY ELIM CARE AND ROTTLUND HOMES (98032), which would deny the use of alternative wetland buffers and setbacks for property located north of Medina Road and east of County Road 101. Motion to amend was made by Councilmember Black, seconded by Councilmember Johnson, to amend Condition 1 to state "The use of alternative buffers shall be prohibited on the site unless the applicant demonstrates the need, and the use of alternative buffers shall be kept to a minimum." Public Works Director Moore stated that the applicant may propose to fill wetlands to create a full buffer to avoid the alternative buffer. The applicant also plans to use wetland buffer areas as wetland value credits for wetland mitigation. Mayor Tierney suggested that the issue could be tabled for two weeks. Mr. Palmiter said that they would like to get started with the project this week. Community Development Director Hurlburt said that the City does not want to encourage the filling of wetlands to create buffers. The Council could amend Condition 1 to state that "Wetlands should not be filled to create buffers." Motion to amend the amendment was made by Councilmember Johnson, seconded by Councilmember Black, to add the language "Wetlands should not be filled to create buffer area." Adopted City Council Minutes April 1, 1998 Page 16 Councilmember Preus said that the issues of using alternative buffers and filling wetlands to create buffers should be separately considered. Motion failed: Johnson, Black, and Tierney ayes; Preus, Bildsoe, Spigner nays; Wold abstained. Director Hurlburt suggested that the Council could provide comments on the sketch plan, but table for two weeks the determination on the use of alternative buffers. Councilmember Bildsoe said that he likes the project and encouraged the developer to find ways to meet the buffers. He does not want to lose the project for only 5 percent alternative buffers. Substitute motion was made by Councilmember Preus, seconded by Councilmember Spigner, to approve the sketch plan and to table for two weeks the issues of alternative buffering and filling of wetlands to create buffers. Councilmember Johnson raised a point of order and parliamentary challenge on whether a substitute motion is appropriate under Roberts Rules of Order. Mayor Tierney called a five minute recess. When the meeting reconvened, Mayor Tierney asked the City Attorney to comment on the parliamentary challenge. Attorney Knutson advised that a substitute motion cannot be made while there is a pending amendment. A substitute motion would be in order once the amendment has been handled. Councilmember Wold supported the amendment. He would prefer something more measurable but likes the project and wants it to move forward. He would consider a very limited use of alternative buffers if necessary. Councilmember Preus said that everyone appears to share the goal of minimizing the use of alternative buffers. He opposes the amendment because it does not accomplish the purpose of the sketch plan process which is to provide direction to the developer. The developer may have to go through an expensive planning process before the Council considers whether to allow the use of alternative buffers. If this amendment passes, he will make a substitute motion to give staff and the applicant two weeks to work on the issue in order Adopted City Council Minutes April 1, 1998 Page 17 that the Council can give the applicant precise direction under which to proceed. Councilmember Spigner agreed with Councilmember Preus that direction should be given to the applicant. Councilmember Black stated concerns about how well these wetlands have been delineated and what will result at the final plan stage. Motion to amend carried: Wold, Johnson, Black, and Tierney ayes; Bildsoe, Preus, and Spigner nays. Substitute motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-221 PROVIDING INFORMAL COMMENTS ON THE PROPOSED CORNERSTONE COMMONS RESIDENTIAL DEVELOPMENT SUBMITTED BY ELIM CARE AND ROTTLUND HOMES (98032), and to table the decision on Condition 1 relating to the alternative wetland buffers for two weeks. Motion to amend was made by Councilmember Black, seconded by Councilmember Johnson, to add a condition that wetlands shall not be filled to create buffers. Councilmember Preus asked if the proposed condition should also be tabled for two weeks. Director Hurlburt said that the developer does not object to the inclusion of that condition on the sketch plan at this time. Councilmember Johnson asked staff if the City has delineated the wetlands on this site. Director Moore responded that the consultants and developers have delineated the wetlands; however, the City has not approved the delineations. Mr. Peterson said that delineation revisions were made on the site on June 27, 1996, with the City's Water Resource Engineer, Corps of Engineers, and Natural Resource Conservation Service representatives present. He said that the applicant has a federally approved delineation, but nothing in writing from the City. Public Works Director Moore explained that a Wetland Conservation Act application must be made to the City Council in order to get local delineation approval. He said that the boundaries for wetland delineation can be Adopted City Council Minutes April 1, 1998 Page 18 submitted to the City Council, regardless of any development proposal for the site. Councilmember Preus asked if this process information has been presented to the applicant before tonight. Director Moore believes that the applicant is aware that the Council is the local governmental unit and that the staff is not designated to carry out that duty. Councilmember Preus questioned the fairness of initiating this issue so late in the discussions. Director Hurlburt explained that often the City Council approves the delineation as part of the Wetland Mitigation Plan, which would come later in the development process. This issue can be discussed with the applicant in the upcoming two weeks. Motion to amend carried: six ayes; Preus nay. Councilmember Wold asked for clarification on the intent of the two week tabling period. Councilmember Preus said that staff will meet with the applicant to review the various alternative configurations in order to present something more definite on the extent to which they will need to use alternative buffers. The Council will then be able to give the applicant more definite guidance. Councilmember Black said that she will support the motion because it allows the applicant two weeks in which to demonstrate the need for the alternative buffers. Councilmember Johnson said that all options relating to the use of alternative buffers are still open. Councilmember Preus said that he doesn't want to put the applicant through a long, expensive process without Council guidance on the alternative buffer issue. Motion as amended carried, seven ayes. Item 8-C Kenneth Streeter Companies, "Plymouth Hills Shopping Center" Planning Supervisor Senness reviewed the Site Plan, Conditional Use Permit, and Variance request of Kenneth Street Companies for Plymouth Hills Adopted City Council Minutes April 1, 1998 Page 19 Shopping Center to be located at the southeast corner of 34`x' Avenue North and Plymouth Blvd. She explained the changes proposed since the Planning Commission and staff recommended denial of the request. The changes primarily relate to the orientation of the buildings, relocation of the trash enclosures, extension of glazing along the north elevation, and the addition of a plaza. With these changes, staff recommends approval of the requests. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 98-222 APPROVING A SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCES FOR KENNETH R. STREETER COMPANIES FOR PLYMOUTH HILLS SHOPPING CENTER FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 34TH AVENUE NORTH AND PLYMOUTH BOULEVARD 97183). Councilmember Black said that the staff report indicated that the landscaping plan does not comply with the City's reforestation requirements. Supervisor Senness said that the plan does meet the requirements. Motion carried, seven ayes. Item 8-D (6-V) 1997 Traffic Enforcement Unit Performance Measures Report Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-223 RECEIVING REPORT ON 1997 PERFORMANCE MEASUREMENTS FOR THE TRAFFIC ENFORCEMENT UNIT TO COMPLY WITH LOCAL PERFORMANCE AID REQUIREMENTS. Councilmember Bildsoe directed staff to add the topic of traffic enforcement to an upcoming study session. He would like to learn more about the traffic enforcement grant the City has received. He also believes the topic merits discussion because the most common citizen complaints relate to traffic enforcement issues including speeding. Motion carried, seven ayes. Item 8-E (6-P) Environmental Quality Committee Recommendations Motion was made by Councilmember Black, seconded by Councilmember Johnson, to adopt the Environmental Quality Committee recommendation to hold a spring phosphate—free fertilizer sale on May 16, 1998. Councilmember Black encouraged residents to participate in the fertilizer sale. Adopted City Council Minutes April 1, 1998 Page 20 Motion carried, seven ayes. Item 9-A Trails Update Councilmember Black provided a legislative update on the status of the trails bonding bill. Item 9-B Response to Storm Damage Mayor Tierney asked if the City has been contacted by the League of Minnesota Cities regarding assistance to cities with severe storm damage. City Manager Johnson said that two employees helped with cleanup efforts in St. Peter yesterday. Public Works Director Moore stated that two employees assisted there again today. Item 9-C Board of Review Mayor Tierney announced that the Board of Review meeting is scheduled for April 8. Councilmembers Black, Preus, and Spigner announced that they would not be present for this meeting. Item 9-D Green Print Councilmember Black distributed information on the new Green Print program for Council review. She said this could be a significant issue for Northwest Plymouth planning. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adjourn the meeting at 10:00 p.m. Motion carried, seven ayes. C ' Laurie Ahrens City Clerk