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