HomeMy WebLinkAboutCity Council Minutes 08-05-1998ADOPTED MINUTES
REGULAR COUNCIL MEETING
AUGUST 5, 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 August 5, 1998.
Mayor Tierney asked for a moment of silence in memory of Building Inspection Clerk
Carlys Schansberg.
COUNCIL PRESENT: Mayor Tierney; Councilmembers Spigner, Black, Bildsoe, Wold
and Johnson.
ABSENT: Councilmember Preus.
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, City Attorney
Knutson, and City Clerk Ahrens.
3.1 Forum --Wallace Charles
Wallace Charles, 3150 East Medicine Lake Blvd., thanked the staff and Council
for addressing issues regarding access to his property. He has remaining concerns
relating to three fence openings and the driveway slope. City Manager Johnson
will contact Mr. Charles to discuss these issues.
4.1/4.2 Human Rights Commission
Human Rights Commission member Gordon Ortler appeared with other
Commission members to present a resolution adopted by the Human Rights
Commission on July 9, 1998.
Motion was made by Councilmember Spigner, seconded by Councilmember
Johnson, to accept the resolution adopted by the Plymouth Human Rights
Commission committing to specific activities to improve the human relations
climate in the City of Plymouth.
Councilmember Wold raised a point of order. He questioned the appropriateness
of debating items in the Presentation section of the agenda.
Mayor Tierney said that the resolution could be placed on the regular agenda for
action.
Councilmember Spigner withdrew the motion.
Adopted City Council Minutes
August 5, 1998
Page 2
City Clerk Ahrens explained that the terms of four student members have expired
on the Human Rights Commission: Anna Richey, Akash Srivastava, Nathan
Michael, and Jessica Timman.
Mayor Tierney presented plaques of appreciation to Jessica Timman and Akash
Srivastava, and the City Council thanked all of the student members for their
service.
Motion was made by Councilmember Spigner, seconded by Councilmember
Johnson, to suspend the rules and accept the resolution adopted by the Plymouth
Human Rights Commission committing to specific activities to improve the
human relations climate in the City of Plymouth.
Councilmember Wold said that he appreciates the intent of this resolution;
however, he believes the proposed activities are a work plan. Work plans are
adopted annually by each Commission and that is the appropriate time for
adoption of this type of resolution. He said that a future Commission may have a
different focus.
Councilmember Spigner explained that the purpose of this resolution is to let the
City Council know that the Human Rights Commission is working on their
behalf. She said the resolution from the Human Rights Commission invites the
City Council to make a commitment with the Commission with regard to human
rights issues.
Councilmember Johnson said that she believes the intent of the resolution is
appropriate and noted that a resolution can be changed should a future
Commission change focus.
Mayor Tierney said the staff report indicates that the purpose of the resolution is
to affirm the goals of the Human Rights Commission, to open a dialogue with the
City Council on human rights issues, and to inform the public of the existence and
activities of the Human Rights Commission. She believes the resolution is
appropriate.
Motion carried, five ayes; Wold nay.
4.3 Oath of Office for Police Officers
Public Safety Director Gerdes introduced two new police officers, Warren
Anderson and Susan Kirby Kallestad. City Clerk Ahrens administered the oath of
office.
Adopted City Council Minutes
August 5, 1998
Page 3
4.4 Picture Plymouth Photo Contest
Assistant Manager Lueckert invited residents to participate in the Picture
Plymouth Photo Contest and the History Fest.
5 Approve Agenda
Councilmember Johnson requested that an item be added to the agenda on
whether to reconsider the Harstad Hills application for the parcel northwest of
Highway 55 and Vicksburg Lane with respect to the letter distributed at the
meeting. Councilmember Black requested the addition of a report on Pollution
Prevention Week. Mayor Tierney requested the addition of follow-up letters to
LifeTime Fitness.
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to approve the agenda as amended. Motion carried, six ayes.
6.0 Consent Agenda
City Manager Johnson recommended that Item 6.5 be removed from the agenda
and placed on the August 19 agenda in order to consider language changes
suggested by Councilmember Spigner.
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to approve the Consent Agenda, with the removal of Item 6.5. Motion
carried, six ayes.
6.1 Approve Minutes
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to approve the proposed minutes for the July 8 regular meeting and the
July 22 special meeting. Motion carried, six ayes.
6.2 Approve Disbursements
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 98-449 APPROVING DISBURSEMENTS
FOR THE PERIOD ENDING JULY 24,1998. Motion carried, six ayes.
6.3 Second Quarter 1998 Financial Report
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to accept the Second Quarter 1998 Financial Report. Motion carried, six
ayes.
Adopted City Council Minutes
August 5, 1998
Page 4
6.4 DB Development. Site Plan Amendment and Variance (98091)
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 98-450 APPROVING A SITE PLAN
AMENDMENT AND VARIANCE FOR A BUILDING ADDITION FOR
DB DEVELOPMENT FOR PROPERTY LOCATED AT 15400 28T"
AVENUE N. (98091). Motion carried, six ayes.
6.6 Shawn Gardner. Zoning Ordinance text amendment (98122)
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt ORDINANCE 98-25 AMENDING THE PLYMOUTH CITY
CODE, BY AMENDING CHAPTER 21, 1-1 (LIGHT INDUSTRIAL)
ZONING DISTRICT (98122). Motion carried, six ayes.
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 98-451 APPROVING FINDINGS OF FACT
FOR AMENDING SECTION 21560 (I-1, LIGHT INDUSTRIAL) OF THE
PLYMOUTH CITY CODE (98122). Motion carried, six ayes.
6.7 Declaring Costs and Setting Hearing for 1998 Delinquent Fees
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 98-452 DECLARING COST TO BE
ASSESSED AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT FOR DELINQUENT WATER, SEWER, RECYCLING
AND STREET LIGHTING SERVICE CHARGES, UNPAID ANNUAL
STREET LIGHTING FOR UNIMPROVED PARCELS AND UNPAID
ANNUAL RECYCLING FEES. Motion carried, six ayes.
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 98-453 CALLING FOR PUBLIC HEARING
ON PROPOSED ASSESSMENT DELINQUENT WATER, SEWER,
RECYCLING AND STREET LIGHTING SERVICE CHARGES, UNPAID
ANNUAL STREET LIGHTING FOR UNIMPROVED PARCELS AND
UNPAID ANNUAL RECYCLING FEES. Motion carried, six ayes.
6.8 Plymouth HRA Authority to Purchase Land in Bass Lake Heights Addition
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 98-454 AUTHORIZING THE PLYMOUTH
HOUSING AND REDEVELOPMENT AUTHORITY TO PURCHASE
OUTLOT D, BASS LAKE HEIGHTS ADDITION THROUGH HENNEPIN
COUNTY. Motion carried, six ayes.
Adopted City Council Minutes
August 5, 1998
Page 5
6.9 Activity Center and Field House Reimbursement
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 98-455 RELATING TO FINANCING OF
CERTAIN PROJECTS AND ESTABLISHING COMPLIANCE WITH
REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL
REVENUE CODE. Motion carried, six ayes.
6.10 Reduction in Required Financial Guarantee
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 98-456 REDUCING REQUIRED
FINANCIAL GUARANTEE, BASS LAKE ESTATES 3RD ADDITION
95065). Motion carried, six ayes.
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 98-457 REDUCING REQUIRED
FINANCIAL GUARANTEE, ANNAPOLIS DEPOT ADDITION (96153).
Motion carried, six ayes.
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 98-458 REDUCING REQUIRED
FINANCIAL GUARANTEE, PLYMOUTH STATION (97145). Motion
carried, six ayes.
6.11 Change Orders for Ice Center/Lifetime Fitness Parking Lot Expansion
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 98-459 APPROVING CHANGE ORDER
NO. 1, ICE CENTER/LIFETIME FITNESS PARKING LOT EXPANSION
LOT B, CITY PROJECT NO. 8012. Motion carried, six ayes.
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 98-460 APPROVING CHANGE ORDER
NO. 2, ICE CENTER/LIFETIME FITNESS PARKING LOT EXPANSION
LOT B, CITY PROJECT NO. 8012. Motion carried, six ayes.
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 98-461 APPROVING CHANGE ORDER
NO. 3, ICE CENTER/LIFETIME FITNESS PARKING LOT EXPANSION
LOT B, CITY PROJECT NO. 8012. Motion carried, six ayes.
Adopted City Council Minutes
August 5, 1998
Page 6
6.12 1998 Trail Improvements, City Project No. 8021
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 98-462 APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENTS FOR BIDS,
1998 TRAIL IMPROVEMENTS, CITY PROJECT NO. 8021. Motion
carried, six ayes.
6.13 Encroachment Agreement for Communication Cable, Robbinsdale Schools
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 98-463 APPROVING AN
ENCROACHMENT AGREEMENT FOR ROBBINSDALE SCHOOLS/ISD
281 FOR PLACEMENT OF COMMUNICATION CABLE IN CITY
RIGHTS-OF-WAY AND AUTHORIZING THE MAYOR AND CITY
MANAGER TO SIGN THE AGREEMENT. Motion carried, six ayes.
6.14 Petition for Street Improvement, City Project No. 9002
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 98-464 AUTHORIZE PRELIMINARY
ENGINEERING REPORT, KINGSVIEW LANE STREET
IMPROVEMENTS, NIAGARA LANE TO GLEASON LAKE DRIVE.
Motion carried, six ayes.
6.15 Tobacco License for Royal Tobacco
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 98-465 APPROVING 1998 TOBACCO
LICENSE FOR ZACK DYAB D/B/A ROYAL TOBACCO, 16605 COUNTY
ROAD 24 SUITE 103. Motion carried, six ayes.
6.16 Randolph and Donna Sauer
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 98-466 APPROVING SIDE YARD
SETBACK VARIANCE FOR RANDOLPH AND DONNA SAUER ON
PROPERTY LOCATED AT 3609 QUAKER LANE NORTH (98109).
Motion carried, six ayes.
6.17 Dean Hildebrandt. Front Yard Setback Variance (98113)
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 98-467 APPROVING FRONT YARD
SETBACK VARIANCE REQUEST FOR DEAN HILDEBRANDT FOR
PROPERTY LOCATED AT 2475 HEMLOCK LANE NORTH (98113).
Motion carried, six ayes.
Adopted City Council Minutes
August 5, 1998
Page 7
6.18 Juneau Lane Traffic Control Plan Implementation
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to accept the report on the effectiveness of the Traffic Control
Implementation Plan for Juneau Lane/14`h Avenue near Lions Park. Motion
carried, six ayes.
7.1 Authorize Vacation of a Part of Kimberly Lane
Public Works Director Moore presented the staff report on the proposed vacation
of a part of Kimberly Lane adjacent to Lot 1, Block 1, Winnen Addition.
Mayor Tierney opened the public hearing at 7:30 p.m. No one appeared, and the
hearing was closed.
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 98-468 AUTHORIZING THE VACATION
OF PART OF KIMBERLY LANE STREET RIGHT-OF-WAY ADJACENT
TO LOT 1, BLOCK 1, WINNEN ADDITION. Motion carried, six ayes.
7.2 Public Hearing and Approval of Tax Exempt Bonds for Nuaire, Inc.
Community Development Director Hurlburt presented the staff report on the
public hearing and approval of issuance of $1 million of tax exempt industrial
development revenue bonds for Nuaire, Inc., to finance acquisition of equipment
to be used in connection with the company's business of manufacturing air
filtration products. Nuaire is a family-owned and operated business founded in
1971. The corporate headquarters was moved to 2100 Fernbrook Lane in
Plymouth in the early 1980's. The original request was to issue up to $1.7 million
in bonds. Application was made to the Minnesota Department of Finance to
receive an allocation of bonding authority for tax exempt financing in January
1998. An allocation was not approved at that time; however, an allocation of $1
million in bonding authority was received in July. Director Hurlburt said the City
is primarily a "pass through" for the application to the state to allow issuance of
the bonds. Approval of the tax exempt bond issue would not be an obligation of
the City, and would be payable solely by Nuaire, Inc. The bonds would be
secured by a Letter of Credit to be issued by Norwest Bank.
Mayor Tierney opened the public hearing. No one appeared, and the hearing was
closed.
Adopted City Council Minutes
August 5, 1998
Page 8
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-469 AUTHORIZING THE SALE AND
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS
UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND
APPROVING AND AUTHORIZING THE EXECUTION OF
DOCUMENTS. Motion carried, six ayes.
8.1 Homestead Village. (98106)
Community Development Director Hurlburt presented the staff reports on agenda
items relating to the Homestead Village application. Homestead Village is
requesting approval of a conditional use permit, site plan, and variances for
construction of a 118 -unit, three-story extended stay hotel with surface parking for
119 vehicles. This is a 4.36 acre site, including the Brown's Market property, of
which 1.81 acres is wetland and floodplain. The site is located at the southeast
corner of Nathan Lane and Highway 55 frontage road. The surrounding land uses
are apartments, with the Waterford Park development to the north of the site.
Access to the property is from Nathan Lane. Homestead Village will have a long-
term lease over the southern half of the Brown's Market property and will have the
right of first refusal to purchase the Brown property when the market is no longer
in operation. The eastern portion of the property is currently undeveloped and
there is junk and abandoned vehicles which would be cleaned up as part of the
development.
Director Hurlburt said the development plan relies on vacation of some right-of-
way of the frontage road. The project impacts 3,600 square feet of wetland, and
off-site mitigation is proposed on the Little Peninsula on Medicine Lake. She
described the previous actions of the City regarding the property. In July 1998,
the Planning Commission held a public hearing and recommended approval of
this plan. A conditional use permit is required because an extended stay hotel is a
conditional use in the O -R Office/Residential Zoning District. Several variances
are also requested relating to front setback, parking setback, front drive setback,
wetland buffers and setbacks, and fire lane variances.
Director Hurlburt said there is a medium quality wetland on the property between
the development portion of the property and Bassett Creek. The City Council
previously approved the use of alternative buffers for the development. The
developer has achieved the standard buffers along 75 feet of the wetland, with
alternative standards along 110 feet, and 60 feet with no buffer. They have
proposed some extraordinary management measures including extra erosion
control during construction, no lawn area to be maintained between the parking
area and the wetlands, no phosphorus -free fertilizer will be used on the property,
and all water will run off from the property to the treatment pond.
Adopted City Council Minutes
August 5, 1998
Page 9
Director Hurlburt explained that the traffic analysis indicates that the proposed
use generates less traffic than an office use of the site with fewer peak trips.
There was some concern at the Planning Commission meeting about the
intersection of Quaker Lane and the frontage road. The City Engineer has
provided a memo which explains the work underway to address that problem, but
the solutions are not directly related to this application. She said that pedestrian
safety is also a concern in the area and there is no existing sidewalk or trail in the
area, although it is indicated on the trail plan. This development application
includes a trail along the east side of Nathan Lane and the adjacent future
apartment project also includes a proposed trail.
Director Hurlburt said the Interim Use Permit is required in order to reduce the
parking from 124 to 119 spaces. The parking demand analysis found that 97 stalls
would be needed, and there would be no conflict with shared parking with the
Farmer Market. She said that all resolutions are recommended for approval.
Councilmember Spigner asked if the trail construction is included as a condition
of approval in the resolution.
Director Hurlburt responded that the trail would be required because it is included
on the plan.
Councilmember Johnson asked why 119 parking spaces are proposed if the study
shows that only 97 spaces are needed. She noted that the impervious surface
could be further reduced, and parking could be added when the Brown's Market
property is acquired.
Community Development Director Hurlburt responded that 119 spaces would
provide parking for one vehicle per unit with every room occupied and to have
parking for one employee on the property.
Mayor Tierney asked if the applicant would be comfortable with less than 119
parking spaces.
Paul Crabtree represented Homestead Village. He said that they may be able to
further reduce the parking. They are comfortable with one-to-one ratio of rooms
to parking stalls. A traffic analysis of similar properties found that at 100 percent
occupancy, 80 percent of the parking stalls are used. He said the applicant agrees
with the conditions proposed by staff. He also responded to a question by
Councilmember Johnson that the trail would be 8 feet wide.
Adopted City Council Minutes
August 5, 1998
Page 10
Councilmember Spigner said that she would like the trail specifically added to the
resolution as a condition of approval.
Councilmember Black asked if the asphalt and building would be constructed
farther from the wetlands if the parking were reduced by 22 parking spaces.
Mr. Crabtree said the spaces would probably be eliminated along the east side of
the site which would eliminate the parking setback variance and the footage
requiring alternate buffers may be slightly reduced.
Director Hurlburt suggested that the Council make it permissive, rather than
mandatory, for the applicant to reduce the number of spaces as low as 97.
Mayor Tierney asked where overflow parking could be accommodated.
Mr. Crabtree said that an arrangement could be considered for valet parking or use
of the Brown's Market property for overflow parking.
Councilmember Bildsoe supported the reduction in parking spaces but said that is
should be at the applicant's discretion.
Bruce Larson, 263'/2 Peninsula Road, spoke on behalf of the Association of
Medicine Lake Area Citizens (AMLAC) in support of the plan. AMLAC also
supports the donation of the Little Peninsula to the City.
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-470 APPROVING SITE PLAN,
CONDITIONAL USE PERMIT, INTERIM USE PERMIT AND
VARIANCES FOR HOMESTEAD VILLAGE FOR PROPERTY
LOCATED SOUTH OF HIGHWAY 55, WEST OF HIGHWAY 169, AND
EAST OF NATHAN LANE.
Motion to amend was made by Councilmember Spigner, seconded by
Councilmember Johnson, to add Condition 16 that an 8 foot trail shall be
constructed along the east side of Nathan Lane.
Councilmember Black said that she will not support this project. Although
Homestead Village has done an exceptional job addressing the issues relating to
the project, she believes the project is detrimental to public health by decreasing
water quality and is a cost to the taxpayers.
Motion to amend carried, six ayes.
Adopted City Council Minutes
August 5, 1998
Page 11
Motion to amend was made by Councilmember Johnson, seconded by
Councilmember Bildsoe, to revise Condition 3 to allow a reduction in required
parking from 124 to not less than 97 stalls.
Motion to amend carried, six ayes.
Councilmembers thanked the developer for working so hard to address City
concerns with the project.
Councilmember Johnson said that this use will add traffic in an area with existing
traffic problems. However, the extended stay hotel will generate less traffic than
an office or apartment use on the site.
Main motion carried, five ayes; Black nay.
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-471 APPROVING A PRELIMINARY
AND FINAL PLAT FOR HOMESTEAD VILLAGE FOR PROPERTY
LOCATED SOUTH OF HIGHWAY 55, WEST OF HIGHWAY 169, AND
EAST OF NATHAN LANE (98106). Motion carried, five ayes; Black nay.
8.1.2 Homestead Village, Vacation of Highway 55 Frontage Road
Public Works Director Moore stated that the public hearing is still open on the
vacation of Highway 55 Frontage Road right-of-way adjacent to Homestead
Village.
Mayor Tierney asked for public comment and hearing none, closed the public
hearing.
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-472 AUTHORIZING THE VACATION
OF PART OF STATE HIGHWAY 55 RIGHT-OF-WAY.
Councilmember Johnson requested that the trail on this project be included in the
City's trail plan.
Motion carried, six ayes.
8.1.3 Homestead Village, Approve Wetland Replacement Plan
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 98-473 APPROVING WETLAND
MITIGATION AND REPLACEMENT PLAN, HOMESTEAD VILLAGE
INCORPORATED (98106), SE % OF SEC. 36, T118N, R22W.
Adopted City Council Minutes
August 5, 1998
Page 12
John Felcyn, 1304 West Medicine Lake Drive #322, spoke in support of the
project. He wants to ensure that the cleanup issues on the Little Peninsula
mentioned to the City in a May 27 letter are included in the mitigation plan.
Councilmember Johnson asked about the condition requiring annual monitoring.
Director Moore explained that the applicant must monitor the wetland they have
created to ensure that it performs as required.
Motion carried, six ayes.
8.1.4 Accept Donation of Little Peninsula on Medicine Lake
Park Director Blank explained that the Homestead Village applicant has proposed
to do off-site mitigation on the Little Peninsula on Medicine Lake. Following the
mitigation work, they intend to donate the Little Peninsula to the City of
Plymouth. The Park and Recreation Advisory Commission recommended that the
City accept the property with four conditions: 1) Phase 1 environmental report
shall be completed; 2) All hazards on the property shall be cleaned up; 3)
Homestead Village provides clear access easement to the City; and 4) The
donation of the property comes with no strings attached.
In response to a question by Councilmember Johnson, Attorney Knutson said the
recommendation is to conditionally accept the property. The ownership of the
property would not change if the conditions are not met.
Park Director Blank estimated an annual maintenance cost of $2,000 to $8,000 if
the City owned the Little Peninsula.
Councilmember Spigner said that the estimated maintenance cost is significant
and asked if other open space parcels acquired by the City have similar
maintenance costs.
Park Director Blank responded that ownership of all land results in maintenance
cost for the City. He said that each site is unique and the exact costs are
unknown. The Open Space Committee is currently working on developing long-
term management practices for open space in the City and those practices will be
used to estimate maintenance costs.
Councilmember Bildsoe said that some of the open space maintenance costs relate
to police issues. He believes that this parcel has significant value to the City.
Adopted City Council Minutes
August 5, 1998
Page 13
In response to a question by Mayor Tierney, Director Hurlburt said that the staff
report discusses whether this parcel could be privately developed. Due to court
action on the parcel, staff believes there is little risk that anyone could privately
develop the parcel. She believes that the recommended conditions are basic
issues that should be considered before owning any real estate.
Councilmember Johnson suggested that a conservation easement could be placed
on the parcel.
Attorney Knutson explained that one problem with a conservation easement is if
the property would go tax forfeit and revert to the State, the conservation
easement could be eliminated and someone could develop the parcel.
Councilmember Black said the Open Space Committee is considering
conservation easements on the other four open space parcels owned by the City.
Councilmember Spigner said that this property should be protected and it is a
good parcel for the City to own.
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-474 ACCEPTING DONATION OF
THE LITTLE PENINSULA.
Councilmember Black said that she will support the motion; however, she is
concerned that mitigation on this parcel for the Homestead Village project will
not help improve the situation in this watershed.
Motion to amend was made by Councilmember Wold, seconded by
Councilmember Black, to amend the first condition to state that the phase 1
environmental audit shall be done and the results shall be satisfactory to the City.
Motion to amend carried, six ayes.
Mayor Tierney asked if the City would have an opportunity to reconsider
ownership of the parcel if the conditions aren't met.
Director Hurlburt responded that there is nothing that obligates Homestead
Village to donate the property to the City. The City is agreeing to accept the
property, if Homestead Village donates it and the conditions are met. This is a
voluntary transaction.
Main motion as amended carried, six ayes.
Adopted City Council Minutes
August 5, 1998
Page 14
Mayor Tierney called a five-minute break.
8.3.1 Elim Care, Inc. and Rottlund Homes (98094)
Community Development Director Hurlburt presented the staff report on requests
from Elim Care, Inc., and Rottlund Homes for the Cornerstone Commons
Residential Development located north of Medina Road and east of County Road
101. The parcel is bordered on the east by the Plymouth Ponds industrial park
and the Leuer Farm. The residential portion is 75 acres with a total of 352
dwelling units: 164 townhome units marketed toward seniors; 82 multi -family
senior cooperative apartment units; a 50 unit assisted living project, and 56
townhomes available to persons of all ages. The industrial portion is 17.3 acres
and is not part of the planned unit development request. The applicant submitted
a concept plan for the industrial portion of the property in order to review the
preliminary plat on the project. The City has recently received an application
from another developer which would combine the industrial portion of this
property with the Leuer Farm to the south.
Director Hurlburt said that in 1996, the City approved conditionally reguiding the
entire parcel from industrial to Living Area -3. In 1996 an Environmental
Assessment Worksheet was ordered for the entire 91.6 acre parcel. In 1998 there
was a finding of "no need" for an Environmental Impact Statement on the
property. In 1998, there was a Sketch Plan Review of 376 residential units and
the Council approved the use of alternative buffers for part of the property.
Director Hurlburt summarized the wetland impacts, the number and type of
residential units, traffic and access issues, and transitions and buffers. She said
the Council approved the use of alternative wetland buffers for up to 11 percent of
the wetland edges in the project, and allowed for an average of 63.7 feet total of
buffer and setback where 65 feet is required. The applicant has done the detailed
design of the project. The amount of wetland filling is reduced, the use of
alternative buffers is reduced to 9 percent of the edge, and the average
combination of buffer and setback is increased to 65.8 feet. The southerly
alternative buffers have been removed on the plan through elimination of 24
dwelling units. The density of the project is significantly less than the current
guiding would allow. A 50 percent lot coverage is allowed, and the applicant
proposes 30 percent.
Director Hurlburt said that this project has 80 percent of the units marketed to
seniors, with an additional 56 non -age restricted units for project viability. The
City has no requirements for minimum or maximum number of units for seniors,
but encourages senior housing development and more housing types for all
groups. She said the Wayzata School District has capacity to handle the students
who may reside in the 56 non -age restricted units.
Adopted City Council Minutes
August 5, 1998
Page 15
Director Hurlburt addressed the issue of access to the industrial portion of the site.
The only current access would be from Medina Road and concerns have been
expressed about mixing the industrial and residential traffic. The pending
development application which would combine the industrial portion of this
parcel with the Leuer Farm to the south, will create possible alternative accesses
to the industrial portion of the parcel. Another traffic issue is Highway 101 which
is proposed to be upgraded in 2001. A detailed traffic study was conducted as
part of the environmental review, and bypass and turning lanes are needed for the
project. The applicant would be required to pay for those improvements. She
said that eventually a signal will likely be needed at Medina Road and County
Road 101; however, that need is not being generated by this development. She
said that the consultants found it extremely unlikely that there would be any
traffic impacts on Heather Run, a single-family development across Medina Road
to the south.
Director Hurlburt said that there have also been issues of transitions and buffering
relating to the proposed project. The large wetland is being used to separate the
different land uses within the project, and grade changes and landscaping are
proposed to buffer the residential units from the NSP substation and water tower
to the north. She said that Highway 55 may cause noise problems for the units
abutting Highway 55 that the developer may need to address.
Councilmember Johnson asked if the maximum 9 percent alternative wetland
buffers is included in the proposed resolution.
Director Hurlburt responded that the approval is directly tied to the plan which
proposes 9 percent alternative wetland buffers.
In response to a question from Councilmember Bildsoe, Park Director Blank said
that it is not currently in the City's Trail Plan to install a trail along the north side
of Medina Road.
Richard Palmiter, Rottlund Homes, introduced Bob Dahl and Dan Fair
representing Elim Care, Inc.; and Ron Peterson of Peterson Environmental
Consulting. He said that they were available to answer questions.
Scott Sherman, 3490 Lawndale Lane, said that this project began as a proposed
senior community. He said it is now 220 unit community with additional
apartment housing. He said that residents believe the project is too dense and that
the project will generate additional traffic on Medina Road. Mr. Sherman said
that Medina Road is unsafe, and the number of vehicles stopping and turning
needs to be restricted. He also has concerns about increased industrial traffic
Adopted City Council Minutes
August 5, 1998
Page 16
across from his home, the bus stop on Medina Road, and the likely diversion of
traffic through the Heather Run development. Mr. Sherman expressed concerns
that the non -age restricted units may become a rental -type community. He would
like Rottlund to include covenant restrictions so that it doesn't become a transient
community. He said that residents favor the senior housing, but would like the
non -age restricted units and traffic minimized.
Councilmember Johnson said that she had received messages from residents in the
neighborhood in support of the project. She asked why Mr. Sherman has a fear
relating to the non -age restricted units.
Mr. Sherman said that he fears the units will become rental, and he believes that
the elementary school will be negatively impacted because it already has space
constraints.
Councilmember Johnson stated that the alternative to residential development is
commercial or industrial development. She does not believe that LA -1 or LA -2 is
an appropriate transition to Highway 55, and an apartment use would generate
more children which would result in a greater burden to the schools.
Mr. Sherman said that area residents don't support the change to non age -
restricted units. He was willing to take the risks with industrial development on
the property. He supports the general development concept, but has concerns
about traffic and rental impacts.
Tom Jes, 5055 Evergreen Lane, said that the wetland ordinance does not establish
an allowable maximum amount of impervious surface. He asked how the
maximum is established for each project and noted that a maximum of 25 percent
was referenced on a previous development consideration. This project proposes
30 percent coverage. He also asked how the wetland ordinance and PUD fit with
the State wetland requirements, and whether the amount of mitigation differs
depending on the type of wetland.
Scott McGlashan, 4135 Lawndale Lane North, objected to the Rottlund
development until they satisfactorily complete the Rockford Glen development.
He said that there are landscaping and irrigation problems, as well as exterior and
interior problems with the units. He cited an example of a siding problem from
November 1997 that was resolved this week. Mr. McGlashan said that 30 of the
44 townhomes in the development have had problems. He said that the
subcontractors for Rottlund have not finished the job, and he asked that the
approval on this project for Rottlund be withheld until they have corrected the
issues at Rockford Glen.
Adopted City Council Minutes
August 5, 1998
Page 17
Director Hurlburt responded to resident comments. She said that LA -3 guiding
allows up to 12 units per acre and LA -4 guiding up to 20 units per acre. This
project density is 4.7 units per acre which is much less dense than would be
allowed. Many of the units are one -level townhomes which are less dense than if
stacked. She said the City has no restrictions on the rental of housing units or
restrictions on the length of rental leases. Director Hurlburt said that staff does
not believe there will be significant traffic problems through Heather Run.
However, significant traffic issues will continue on Medina Road and County
Road 101 due to development in the entire area. Alternatives relating to access to
the industrial property will continue to be considered.
Public Works Director Moore said that Medina Road meets the guidelines for
sight distances and curvature for the posted speed limit.
Community Development Director Hurlburt explained that the 25 percent
maximum impervious surface coverage applies only to properties in the Shoreland
Overlay district. This property is not part of that area. The fact that this property
is a planned unit development has no impact on the impervious surface standards
or the wetland standards. The applicant previously received approval to use
alternative buffers, but this was not due to the project being a planned unit
development. The state wetland regulations on wetlands are not calculated any
differently in a planned unit development. She said Plymouth's ordinance exceeds
the state standards with respect to wetlands. Director Hurlburt was unaware of the
issues relating to Rockford Glen but will investigate the situation over the next
few days.
Mr. Palmiter said that he will address the Rockford Glen issues with the Rottlund
service warranty division.
In response to questions from Councilmember Johnson, Director Hurlburt
explained that Elim owns the industrial portion of this site, and it is subject to
purchase agreement. She said that the City will not allow platting of a property
which landlocks a parcel. There is currently no way the City can guarantee that
the two abutting industrial properties will be combined to allow for an alternate or
additional access to the industrial area. She said that until the industrial
development is considered, the City does not know if it would be an improvement
to eliminate the Lawndale access.
Councilmember Bildsoe noted that the traffic problems on County Road 101 have
worsened with significant development in the area. He believes that the Medina
Road/County Road 101 intersection is a safety problem and requested a report
back to the Council in one month with a recommendation on temporary solutions
to the traffic problem. He also requested that the Park and Recreation Advisory
Adopted City Council Minutes
August 5, 1998
Page 18
Commission consider whether a trail should be planned on the north side of
Medina Road from County Road 101 to Lawndale Lane. He asked why this was
not considered in the development process.
Director Hurlburt said that it is possible a trail in this location could impact the
site grading, wetlands, and placement of units. She said that the trail was
probably not considered because of the existence of the trail along the south side
and the development and wetlands are not oriented to Medina Road.
Councilmember Johnson questioned whether a trail is needed on the north side of
Medina Road since there is an existing trail on the south side. If a trail is
installed, she believes the developer should pay the costs.
Mr. Palmiter said that in addition to the existing trail along County Road 101,
there are sidewalks throughout the development. If pedestrians walk for
shopping, they will have to cross Medina Road anyway.
Councilmember Johnson said that she believes a signal will be needed at County
Road 24 and Medina Road and at County Road 101 and Medina Road. She
believes that safety needs to be addressed in this area.
Councilmember Bildsoe said that it is the cumulative traffic from the area that
necessitates the signals and, therefore, the abutting developer cannot be required
to pay the cost of the signal.
Motion was made by Councilmember Wold, seconded by Councilmember Black,
to adopt RESOLUTION 98-475 APPROVING LAND USE GUIDE PLAN
AMENDMENT FOR ELIM CARE AND ROTTLUND HOMES FOR
PROPERTY LOCATED NORTH OF MEDINA ROAD, EAST OF CO. RD.
101, AND SOUTH OF HIGHWAY 55 (98094).
Councilmember Black said that this development has many wetland impacts;
however, this project mitigated the wetlands on site and there was no loss to the
watershed in which it is located. Some of the wetlands being created are of the
type that most frequently lost to development.
Motion was made by Councilmember Black, seconded by Councilmember Wold,
to adopt ORDINANCE 98-26 AMENDING CHAPTER 21 OF THE CITY
CODE TO CLASSIFY CERTAIN LANDS LOCATED NORTH OF
MEDINA ROAD, EAST OF CO. RD. 101, AND SOUTH OF HIGHWAY 55
AS PUD (PLANNED UNIT DEVELOPMENT) (98094). Motion carried, six
ayes.
Adopted City Council Minutes
August 5, 1998
Page 19
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 98-476 APPROVING FINDINGS OF
FACT FOR REZONING FOR ELIM CARE AND ROTTLUND HOMES
FOR PROPERTY LOCATED NORTH OF MEDINA ROAD, EAST OF CO.
RD. 101, AND SOUTH OF HIGHWAY 55 (98094). Motion carried, six ayes.
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 98-477 APPROVING PLANNED UNIT
DEVELOPMENT, GENERAL PLAN AND PRELIMINARY PLAT FOR
ELIM CARE AND ROTTLUND HOMES FOR PROPERTY LOCATED
NORTH OF MEDINA ROAD, EAST OF CO. RD. 101, AND SOUTH OF
HIGHWAY 55 (98094).
Motion to amend was made by Councilmember Johnson, seconded by
Councilmember Bildsoe, to add a condition that if the properties to the east
develop and gain access to Medina Road, that the access to Lawndale Lane would
be closed to the industrial development.
Councilmember Johnson said that she believes that the industrial site will
develop, but is concerned about trucks and industrial traffic at an intersection
abutting a residential neighborhood. She said that if the Leuer farm property is
combined with the industrial portion of this site, there would be reasonable access
and the Lawndale Lane access would not be needed.
Councilmember Bildsoe asked if there would be design changes to this plan if the
Lawndale Lane access would be closed.
Mr. Palmiter said the concept to eliminate access to the industrial portion of the
site is sound; however, the industrial portion will be undergoing review and needs
appropriate access. This plan would work with the elimination of the industrial
access.
Councilmember Johnson clarified that Lawndale Lane could be used by this
residential development, but she does not want the future industrial area to use the
Lawndale access if there is a reasonable alternative access.
Motion was made by Mayor Tierney, seconded by Councilmember Black, to suspend the
rules and extend the meeting to 10:15 p.m. Motion carried, five ayes; Spigner absent.
Motion to amend carried: five ayes; Spigner absent.
Main motion as amended carried; five ayes; Spigner absent.
Adopted City Council Minutes
August 5, 1998
Page 20
8.3.2 Wetland Mitigation and Replacement Plan (98094)
Motion was made by Councilmember Wold, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 98-478 APPROVING WETLAND
MITIGATION AND REPLACEMENT PLAN, ELIM CARE, INC. (98094),
W'/2 SW 114, SEC. 17 AND E'/2 SEC. 18; T1 18N R22W. Motion carried: five
ayes; Spigner absent.
8.4 Reconsideration of City of Plymouth Application for Reguiding and
Rezoning (98086)
Councilmember Bildsoe said that he voted against the City of Plymouth
application for reguiding and rezoning of roughly four acres of property at the
northwest corner of Vicksburg Lane and Highway 55 to CC (City Center) and
CC -RE (City Center --Retail Entertainment) on July 22; however, he has changed
his mind. He said that his concerns are not that the parcel should be part of the
City Center development, but rather that whatever is proposed on the site is
appropriate and adds value to the City Center area. He believes that a reguiding
of the parcel to CC will provide for a development on the parcel that fits as an
entry to the City Center area. He requested that the Council vote to reconsider
and then table the item. This will keep the options open for the site.
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Spigner, to reconsider the City of Plymouth application for reguiding and
rezoning of roughly four acres of property at the northwest corner of Vicksburg
Lane and Highway 55 to CC (City Center) and CC -RE (City Center --Retail
Entertainment) (98086).
Councilmember Black said she is supportive of keeping the options open, but
asked how this will help the City to move forward on this parcel.
Councilmember Bildsoe responded that he is not trying to change what is being
proposed for the site; but he wants to keep the options open in order to protect the
interests of the City.
Councilmember Johnson said that she is unsure she would support the item if
reconsidered, but supports keeping the options open.
John Edson, 4835 Forestview Lane, represented Washburn McReevy. He
opposed reconsideration and said the existing zoning of the site is appropriate for
Washburn McReevy's proposed use. The next agenda item is to reconsider
rezoning of three parcels proposed by Harstad Hills. He supported
reconsideration of the Harstad item. Mr. Edson said that Mr. Harstad has
committed to the 100 foot tree buffer, and the construction of 35`h Avenue would
allow elimination of the Wh Avenue access which is favored by residents of
Adopted City Council Minutes
August 5, 1998
Page 21
Sugar Hills. He believes that Councilmember Bildsoe's concerns to keep options
open could be addressed later if the Washburn McReevy development does not
proceed, and the issue could then be considered without the pressure of a pending
development.
Motion was made by Councilmember Black, seconded by Councilmember Johnson, to
suspend the rules and extend the meeting to 10:30 p.m. Motion carried, six ayes.
Councilmember Black asked the City Attorney to comment on the time period
available for reconsideration.
Attorney Knutson explained that reconsideration of this item, adopted at the last
meeting, can only occur tonight. If the Council does not reconsider the item at
this meeting, the process would need to start over.
Councilmember Bildsoe noted that the Planning Commission voted six to one
against the item so they would not likely reinitiate the process. Councilmember
Wold said that the City Council could also initiate the item.
Motion carried: four ayes; Spigner and Wold nays.
Motion was made by Councilmember Wold, seconded by Councilmember
Johnson, to postpone the reconsideration to September 2 and request that the
Planning Commission extend the review deadline.
Mr. Edson asked if the item could be considered on August 19, rather than
delaying the item until September.
Motion to amend was made by Councilmember Johnson to postpone the item to
August 19. Motion died for lack of a second.
Motion carried, six ayes.
8.5 Reconsider Harstad Applications for Three Lots on Highway 55
Councilmember Johnson said that at the last meeting, the Council denied a
reguiding and rezoning application of Harstad Hills, Inc., for three parcels on
Highway 55. She expressed concerns about transitions to the northerly
neighborhood and the townhomes to the northwest of the site, as well as the 100
foot tree buffer. She believes that it was incorrect to separately consider the plat.
Community Development Director Hurlburt said that Harstad Hills, Inc., has
submitted a written document granting the City a 30 -day extension to consider the
reguiding, rezoning, and preliminary plat requests of Sugar Hills 5 h Addition.
Adopted City Council Minutes
August 5, 1998
Page 22
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to reconsider the reguiding and rezoning requests of Harstad Hills, Inc.,
for 7.5 acres on Highway 55.
Motion carried, six ayes.
Motion was made by Councilmember Johnson, seconded by Councilmember
Black, to postpone the reconsideration to August 19. Motion carried, six ayes.
Motion was made by Mayor Tierney, seconded by Councilmember Johnson, to
reconsider approval of the preliminary plat for Sugar Hills 5' Addition.
Motion was made by Councilmember Wold, seconded by Mayor Tierney, to suspend the
rules and extend the meeting to 10:33 p.m. Motion carried, six ayes.
Motion to reconsider carried, six ayes.
Motion was made by Mayor Tierney, seconded by Councilmember Johnson, to
postpone the reconsideration of the preliminary plat to August 19. Motion
carried, six ayes.
Councilmember Johnson requested that staff notify the neighborhood about the
reconsideration.
Motion was made by Councilmember Johnson, seconded by Councilmember Black, to
adjourn the meeting at 10:32 p.m. Motion carried, six ayes.
ice a4L'-'4-
Laurie Ahrens
City Clerk