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HomeMy WebLinkAboutCity Council Minutes 01-08-1997 SpecialMinutes Special Council Meeting January 8, 1997 A special meeting of the Plymouth City Council was called to order by Mayor Tierney 6:05 p.m., in the Medicine Lake Meeting Room, 3400 Plymouth Blvd., on January 8, 1997. COUNCIL PRESENT: Mayor Tierney; Councilmembers Wold, Preus and Black; Councilmembers-Elect Councilmember Johnson and Spigner. Councilmember-Elect Bildsoe arrived at 6:10 p.m. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Planning Supervisor Barb Senness, Finance Director Hahn, City Attorneys Knutson and Knetsch, and Deputy City Clerk Hoffman. Mayor Tierney called upon Planning Supervisor Senness who introduced Jim & Shelley Olsen, homeowners of property adjacent to Ameridata; Jim Steilen, who represented Ameridata, and Louis Oberhauser, who represented James and Carol McCleary, owners of the building housing Ameridata. Mayor Tierney explained that no decision would be made tonight, but that a recommendation would be made at the next council meeting. She called on Planning Supervisor Senness to present highlights of the issue. Planning Supervisor Senness explained that options were being presented for consideration. One option would involve a monetary settlement and a decorative wall with landscaping between the site and residential neighbors. Another option would be the construction of a noise wall, 20 feet high, and 320 feet long. However, she said staff recommended adopting the noise wall option. She said this would be a more expensive option, costing about $85,000, based on information obtained from the Minnesota Department of Transportation. She said this option would be more permanent, and would not involve removal of trees. Councilmember Bildsoe arrived at 6:10 p.m. Planning Supervisor Senness said that in a financial arrangement, staff is recommending that the City would contribute $30,000 as a match to Jim McCleary, owner of the Ameridata building. She said he had offered to contribute $30,000, and General Electric, present owners of Ameridata offered to contribute $10,000. Jim Steilen stated he was confident that General Electric would contribute up to $20,000 if it meant a final resolution to the situation. Special Council Meeting January 8, 1997 Page 2 Mayor Tierney said she was concerned because the City has never put up noise wall in an industrial area abutting residential areas. She said it made some sense to use some funding for landscaping. She said Councilmembers are concerned whether this sets a precedent. She asked what weight the City Noise Ordinance might carry in resolving this issue. Councilmember Black said the issue has gone on too long and she would like a resolution to the situation. She said she believed this is the best solution, although not the most aesthetically pleasing or financially pleasing but would best solve the problem. Attorney Knetsch outlined the impact of the options, and said the noise wall option may result in a higher cost, but appears to be the best complete solution. He said the wall would be designed and constructed in such a way that would not disturb the neighbors. Councilmember Wold asked what would happen if the wall is built and it does not alleviate the noise problem. Planning Supervisor Senness said the consultant who designed the wall design option is well known in the area and has designed other similar structures. Attorney Knetsch said this sort of wall has a track record for success. He said the State Department of Transportation uses these walls successfully. Councilmember Black said that this noise wall option has the greatest potential for resolving the problem. Jim Olsen said that the noise wall would lower noise levels by 15 decibels, a significant decrease when residents are on their ground level and on their decks. But on the second level, the bedroom level, the Ameridata facility can be seen over the top of the wall. Olsen said he would hope Ameridata would cease operations after 10 p.m., as they are now, in compliance with the noise ordinance. He said this noise wall is not a perfect solution, but is the best solution. Councilmember-Elect Spigner said that she was concerned with the precedent being set. She said she has dealt with a noise situation on South Shore Drive. Her concern is what the City is saying to other residents with industrial development in their back yards. City Manager Johnson said that the City did help this business financially. He said this encouragement makes the City a partner of sorts in this situation. He said every neighborhood will have its own standards and situations. As for funds, he said project funds would come mostly from interest from tax increment. He said if what is known now was known when the tax increment financing was worked out, some additional money might have been negotiated to address the noise situation. Mayor Tierney said when expansion of the Ameridata building was planned, options were explored. She said there was an interest in putting the loading dock on the other side of the building, but that did not work because of a wetland on that side. She said the City also Special Council Meeting January 8, 1997 Page 3 looked at taking general tax increment money to put directly back to the project, but that was not feasible. Councilmember Black said she thinks resolving this situation may or may not affect what goes into the City noise ordinance. She said they will not know until the wall is constructed and some sound testing is done. Councilmember Wold said he doesn't think the solution at Ameridata will affect what comes out in the noise ordinance. He said his consideration is whether the Council has articulated what makes the Ameridata instance unique. He said he also does not want to go with an under -funded project. Mayor Tierney said that she felt Ameridata and G -E have benefited greatly through help from the City. She said she could go along with a financial split of project costs but would like to see financing in equal portions. Jim Steilen said he was confident he could get G -E to increase to a $20,000 contribution, but didn't think a larger contribution was likely. Planning Supervisor Senness said that the $85,000 was based on Transportation Department estimates from costing out noise walls. She said it was not a hard and fast figure, but she used a higher range because the Transportation Department usually gets a financial break because their noise wall work is generally part of a road construction project. Jim Steilen asked about the tax increment money and whether it was attached to the building or to the owner. Community Development Director Hurlburt stated it was less than $60,000, but went to the property owner to offset development costs. Louis Oberhauser said there was originally a fifty-fifty split between the City and Ameridata's property owners to offset development costs. Councilmember-Elect Johnson said she was trying to visualize whether residential neighbors would complain about visual problems with a noise wall. Jim Olsen said that a City trail runs along the line where the wall would go, and the additional trees exist along the trail, on the residential lots, and on the Ameridata site that would help block the view of the wall. Councilmember Preus asked for clarification on the zoning of the land, when and why it was changed, and who requested it. Mayor Tierney said it occurred in 1989. There are wetland areas involved, and the developer may have advertised that no industrial development would occur. She said it did follow the full process under existing ordinances at that time. Councilmember Preus asked what might be the basis of any lawsuits. Attorney Knetsch said the theory is that ordinances might be adopted that Ameridata would view as having a negative impact on its business. An argument might be made that a loading dock is a Special Council Meeting January 8, 1997 Page 4 stationary noise source, and because state regulation has a different basis for measuring, the City can't legislate in that area. Planning Supervisor Senness said there is also the theory that the Ameridata lease could be canceled following a noise ordinance adoption, presenting a hardship to the property owners. Jim Steilen said that he liked the fact that the City has listened and talked with several groups having different perspectives. He said he like the proposal from City staff, that it worked to solve the problem. Attorney Knetsch said that other possible litigation was directed towards Ameridata by residents claiming a nuisance. He said the City might be involved by another party because of the City's connection through tax increment money. He said the City's existing ordinance might also result in litigation because residents might claim the City is not enforcing the existing ordinance. MOTION was made by Councilmember Black, seconded by Councilmember Wold to accept staff recommendation to implement construction of a noise wall, to place the recommendation on the January 22 City Council Regular Meeting Agenda for adoption by the Council, and to direct all parties to continue work on the estimated $85,000 funding needed to construct the noise wall. Councilmember Preus said he would vote in favor of the recommendation but he holds extremely strong reservations of voting for something to which the City contributes this amount of money. He believes it should come from Ameridata and the landowner. He is also concerned about exposing the City to legal issues. He said he believes that such issues would be from the noise ordinance, and could come about in a matter not totally related to this situation. He said the solution and the means sound good, that residents need it, but questions the expenditure of city funds. Councilmember Wold said he disagrees with Councilmember Preus. He wants a resolution to this issue, and that compromise is needed. He said the City can't approve an under -funded project, and he wants more details on project costs. Councilmember Preus said he would like to see a funding package based on percentage contributions to a whole, rather than dollar figure, to avoid problems if there are cost overruns. Motion carried, four ayes. Meeting adjourned at 6:52 p.m.