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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