HomeMy WebLinkAboutCity Council Minutes 05-11-2004Adopted Minutes
Regular Council Meeting
May 11, 2004
Mayor Johnson called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in
the Council Chambers of City Hall, 3400 Plymouth Boulevard, on May 11, 2004.
COUNCIL PRESENT: Mayor Johnson, Councihnembers Bildsoe, Black, Stein, Slavik, Hewitt,
and Neset.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, Fire Chief Kline, Community Development Director
Hurlburt, Public Works Director Faulkner, Finance Director Hahn, Park and Recreation Director
Blank, Captain Franz, City Attorney Knutson, and City Clerk Paulson.
Plymouth Forum
No one was present to address the Council).
Presentations and Public Information Announcements
4.01) Oath of Office to Firefighters
City Clerk Paulson administered the oath of office to Firefighters Laszlo Alberti, Joshua Charles,
Robert Cooper, Paul Deakins, Steven Marti, Joseph Rasmus, Brandon Rausch, Joseph Scherer,
and Jared Stotts.
4.02) Announcement of the "Relay_ for Life" on June 18-19 at the Hilde Performance
Center
Michele Burnett, Volunteer with the American Cancer Society, reported on the "Relay for Life"
scheduled for June 18-19, at 7:00 p.m., at the Hilde Performance Center.
4.03) Presentation of 2002 Certificate of Achievement for Excellence in Financial
Reporting
Mayor Johnson presented the 2002 Certificate of Achievement for Excellence in Financial
Reporting to Finance Director Hahn and his staff.
Adopted Council Minutes
Regular Meeting of May 11, 2004
Page 2 of 17
4.04) Special Recycling Cleanup Day on May 22
Councilmember Black reported on the special recycling cleanup day on May 22 from 9:00 a.m.-
3:00 p.m. at the Public Works Facility.
Approval of Aeenda
Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt to
approve the agenda. With all members voting in favor, the motion carried.
Consent Aeenda
Councilmember Bildsoe asked if there is a pond maintenance agreement for item No. 6.03.
Public Works Director Faulkner replied yes.
Dean Johnson, representing Dean Johnson Homes, requested that item No. 6.03 be removed
from the Consent Agenda. Mayor Johnson stated this item would be removed and placed under
General Business as item No. 8.3.
Motion was made by Councilmember Black, and seconded by Councilmember Hewitt to
approve the amended Consent Agenda, which included the following items:
6.01) Minutes from the Board of Appeal and Equalization Reconvened Meeting of April 26 and
Regular Meeting of April 27.
6.02) Resolution Approving Disbursements for the Period ending April 30, 2004 (Res2004-
181).
0`.03) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.3).
6.04) Resolution Approving a Preliminary Plat, Final Plat, and Development Contract for Two
Single -Family Lots to be known as Plymouth Park Place located at 4415 Northwest Boulevard
2003129 - Res2004-182).
6.05) Ordinance Amending Chapter 21 of the City Code to Amend the Cornerstone
Cooperative PUD for Property located at 3750 Lawndale Lane (2004023 — Ord2004-07),
Resolution Approving Findings of Fact for Amending the Zoning Ordinance Text for the
Cornerstone Commons Planned Unit Development for Property located at 3750 Lawndale Lane
2004023 — Res2004-183), and a Resolution Approving a PUD Amendment to Install an
Adopted Council Minutes
Regular Meeting of May 11, 2004
Page 3 of 17
Emergency Generator at the Cornerstone Commons Assisted Living Building located at 3750
Lawndale Lane North (2004023 — Res2004-184).
6.06) Resolution Approving Site Plan Amendment and Variance for the City of Plymouth to
Allow Expansion and Renovation of the Zachary Water Treatment Plant at 4295 Zachary Lane
North (2004029 — Res2004-185).
6.07) Resolution Approving 2004 Contribution to the Plymouth Civic League (Res2004-186).
6.08) Resolution Approving Transfer of 2003 Surplus Funds (Res2004-187).
6.09) Resolution Approving Public Improvement and Special Assessment Agreement
Res2004-188).
The motion carried to approve the amended Consent Agenda.
Public Hearings
7.1) Application of Richard Dutton, d/b/a Dutton's Bar and Grill, for On -Sale and Sunday
Liquor Licenses at 1115 Vicksburg Lane
City Clerk Paulson reported on the request of Richard Dutton, d/b/a Dutton's Bar and Grill, for
On -Sale and Sunday Liquor Licenses at 1115 Vicksburg Lane. She noted that Pirosmani
Restaurant currently operates at this site, and there is a condition on their license that no
amplified music or sound is permitted on the site between the hours of 10:00 p.m. and 9:00 a.m.
She discussed the noise related complaints that have occurred at this location since 2000. She
stated that staff has determined that there are two viable options for the Council to consider
which are approving the licenses with the existing condition that there be no amplified music or
sound from the site between the hours of 10:00 p.m. and 9:00 a.m. or approving the license with
the condition that there be no amplified music or sound from the site anytime.
Mayor Johnson opened the public hearing.
Gerry Cochran, 1051 Weston Lane North, stated her bedroom abuts the south end of the strip
mall where the business would be located. She voiced her concern with the noise at this
location, and she can hear the bass from music through her windows in the evening hours.
Ellie Koopmann, 1170 Weston Lane North, agreed with Ms. Cochran's concern, and she stated
their property and bedroom that they use for an office is very close to that site. She noted that
she has had previous experience residing near a bar and grill in Bloomington, and she
commented on the noise and activities that can be generated from a bar and grill that can be very
disturbing. She stated she is aware that Mr. Dutton desires to be open until 2:00 a.m., and she is
Adopted Council Minutes
Regular Meeting of May 11, 2004
Page 4 of 17
opposed to that seven days a week. She stated the majority of the residents in their neighborhood
are retired, and they go to bed early and get up early. Therefore, this type of establishment along
with the hours that they are open isn't conducive to a residential neighborhood. She also noted
that there is only one driveway to the strip mall, which creates traffic problems.
Richard Dutton, applicant, stated he is aware of the noise related complaints that have been filed
with the Police Department the past four years. However, he would like to work with the
neighbors as well as the City. He explained that he desires to have a family oriented business.
He stated the 2:00 a.m. closing time is definitely negotiable.
There being no one else wishing to appear before the Council to give testimony, Mayor Johnson
declared the public hearing closed.
Councilmember Slavik stated she is very familiar with the complaints at this location since she
has been on the Council. She stated the current owner has completely disregarded the condition
on their license. She stated she is struggling with approving the liquor licenses with no amplified
sound at any time or not approving the licenses at all. She stated if the amplified sound is the
real issue, then the Council should pursue option No. 2 to approve the application with the
condition that there can't be any amplified sound on the property at all.
Councilmember Neset asked what the seating capacity is of the site. Mr. Dutton replied 78.
Councilmember Neset asked what the distance is from the Cimarron Ponds development to the
site. Community Development Director Hurlburt replied approximately 50 feet.
Councilmember Neset asked what the Noise Ordinance is for residential areas. Captain Franz
replied they could enforce the ordinance between the hours of 10:00 p.m. to 7:00 a.m. for
residential areas.
Councilmember Black asked how many noise complaints need to be made before the Council
could remove a license. City Attorney Knutson replied the Council couldn't hold a new owner
responsible for the conduct of the previous owner. The Council can examine the location to
determine if it's a suitable site for a proposed use. He stated it's the Council discretion on how
many documented complaints there needs to be before a license is suspended or revoked.
Councilmember Black suggested that if there would be one violation of the Noise Ordinance, the
Council could review the license at that time for whatever action they would like to take.
Mayor Johnson stated she wouldn't want to limit it to just the Noise Ordinance.
Councilmember Black stated it appears that the City could be penalizing the new owner for the
current owner's actions. However, she doesn't want the adjacent neighborhood to continue to
suffer.
Adopted Council Minutes
Regular Meeting of May 11, 2004
Page 5 of 17
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Hewitt, to
approve Option 2 which is to adopt a Resolution approving the applications with the condition
that there be no amplified music or sound from the site an ime.
Councilmember Bildsoe stated that there is a noise issue as it relates to the entire strip mall, and
he doesn't support allowing live music at this site.
Councilmember Hewitt agreed and stated that this site is very close to the residential
development. She stated she doesn't feel that the Council would be penalizing Mr. Dutton for
the current owner.
Councilmember Neset stated that he doesn't like that this site is 50 feet from the residential area.
He asked staff if the Council needs to reanalyze whether this is an adequate site for a bar and
grill. City Attorney Knutson replied the existing restaurant is allowed under the City's current
Zoning Ordinance.
Ms. Koopmann stated she is not only concerned about the music but the access and traffic issues
to the site. She noted the busy activity with the Domino's Pizza business in that same strip mall.
Mr. Dutton stated he wouldn't have a problem in not being allowed to have live music, but he
would like a television and jukebox where the volumes can be controlled. He requested the
neighbors to contact him if they have any concerns or issues.
Mayor Johnson explained the current motion on the table is that there would be no amplified
music or sound from the site at any time. Therefore, a jukebox, karaoke machine, or television
wouldn't be allowed, as they would be considered amplified sound.
Councilmember Stein stated that he wouldn't support the motion as he feels the Council would
be penalizing Mr. Dutton for the current owner's actions. He stated if there would be a violation
of the City's Noise Ordinance, the Council could review that. He acknowledged that this might
not be the best location for a restaurant.
Motion was made by Councilmember Slavik, and seconded by Myor Johnson seconded a
motion to postpone this item to the June 8 meeting in order that staff could conduct a
neighborhood informational meeting between the adjacent neighborhood and Mr. Dutton.
Mr. Dutton stated he is scheduled to close on the property on May 17.
Motion was made by Councilmember Slavik, and seconded by Councilmember Black to amend
the motion to postpone this item to the May 25 meeting. With all members voting in favor, the
motion carried.
Adopted Council Minutes
Regular Meeting of May 11, 2004
Page 6 of 17
Mr. Dutton thanked the Council and stated that he would be willing to meet with staff and the
neighborhood.
The Council then voted on the amended main motion and with all members voting in favor, the
motion carried.
General Business
8.01) Site Plan Amendment and Conditional Use Permits to allow Installation of an Air -
Supported Dome over Athletic Field at Central Middle School, 305 Vicksburg Lane North
2004028)
Community Development Director Hurlburt reported on the request for an air -supported dome
over the athletic field at Central Middle School. She stated regarding the Site Plan amendment,
there would be the construction of an air -supported dome within the athletic field that would be
174 feet wide by 374 feet long, a 36 foot by 83 foot fenced enclosure to be used for the dome
storage and mechanical equipment, and the construction of a concessions, storage and restroom
facility. A Conditional Use Permit would allow the dome to exceed the maximum height
standard for an accessory building and for the installation of an eight foot fence where a six foot
fence would be allowed by right to enclose the dome storage area and mechanical equipment.
She explained access through the site would be through the existing parking lot. She commented
on the business plan and how the project was being paid for, the demand for the site, the sanitary
sewer capacity, water quality, wetland impacts, visual impact, traffic, hours of operation, and
property values issues which were discussed at the Planning Commission's meeting.
She stated since the Planning Commission meeting, the Wayzata School District has made some
changes that include adding an opaque fabric to prevent light from escaping through the sides of
the dome, agreeing to turn off the lights inside the dome by 10:30 p.m. every day, adding an
additional six trees to the landscaping and increasing the initial height of 50 percent of the trees
at planting, and ensuring a staff person is on site at all times to monitor the activities inside the
dome and in the concessions/restroom building. She noted the traffic study that was completed
by SRF, and there would be a little increase in the traffic for the evening peak period, but not
outside of what could be handled by the roadway. She indicated that the School District is
planning another project that would improve the traffic circulation on their site and access to
Vicksburg Lane. This would have a very positive impact on any traffic congestion at the
driveways coming into the site. She stated that staff has included two resolutions in the staff
report, one to approve the project and one to deny the project. She then reviewed the standards
for issuance of Conditional Use Permits as well has how often the permits are reviewed.
Greg Baufield, 4600 Shenandoah Lane, Chair of Wayzata School Board, noted their growth in
athletic programs. He stated they met with the neighborhood and due to comments received,
they would be using an opaque fabric for the sides of the dome that would prevent 100% of the
Adopted Council Minutes
Regular Meeting of May 11, 2004
Page 7 of 17
light from glowing laterally towards homes. He stated they would agree to turn off lights at
10:30 p.m. every night. He noted that in order to better screen the adjacent homes, they would
plant more trees and more mature trees. They would relocate fencing on the south edge to allow
for more trees on the top of the slope. These initiatives would maximize visual screening on all
sides of the property. He explained the facility would have an on-site supervisor, and groups that
use the facility would be required to provide adult supervision as well. The restroom/storage
building would have a lobby, and the path leading to it would be properly lighted. He stated
regarding water quality, the proposed project would slow the rate that water leaves the site and
would substantially improve the water quality of adjacent wetlands and Gleason Lake due to the
creation of a larger water quality pond on this site for runoff from the structure and the entire
upper parking lot. The runoff itself would be cleaner than it is now because artificial turf
wouldn't be fertilized, treated with herbicides, or irrigated. The sewer main serving the property
has the capacity to serve 1,700 students, but the school only has 850 students. In addition, the
district received preliminary approval to connect into the City's sewer main along Vicksburg
Lane. This project would be completed this summer prior to parking lot renovations and would
be a good long-term solution. He stated regarding traffic, this project wouldn't add congestion to
morning rush hours and would not change the current usage patterns from late spring to early
fall. The only potential increase is in the evenings from November to April while the facility is
in use, but the recent traffic study finds that the potential increase is not substantial enough to
warrant changes. He stated in conclusion, this site is the best available location for the proposed
project because of its central location adjacent to the hockey arena, sufficient parking, and
significant past investments by the district and youth associations.
David Gaither, 16500 45`h Avenue North, representing youth football and collective youth
athletics, stated they have outgrown their other facilities. Currently there are over 700 youth in
the football program. He stated the soccer and football associations have installed new lighting
and constructed a new storage building that they share. It was suggested to put in artificial turf
so that it could be used year around. He stated this is a very unique opportunity to use the
facility for soccer and hockey. He noted that their programs have gone from a competitive
environment to a collaborative environment. He stated this project also has the potential to
address the needs for other sports programs such as basketball. He stated the growth in the
sports programs is exceeding the population growth. He reiterated that modifications have been
made to the project since the Planning Commission meeting in order to address the concerns of
the neighborhood. He then spoke of the success of public and private partnerships.
Councilmember Stein asked about the size of the trees that would be planted as part of the
landscaping Plan. Mr. Baufield replied they would be a variety of six foot to eight -foot trees.
Councilmember Hewitt asked about the driveway entrance and the drop off area. Mr. Baufield
acknowledged that the parking lot isn't currently safe, and they are working to improve the
parking lot.
Adopted Council Minutes
Regular Meeting of May 11, 2004
Page 8 of 17
Councilmember Bildsoe asked if there would be a pond maintenance agreement. Mr. Faulkner
replied yes.
Steve Hendrickson, 15 Black Oaks Lane, voiced his concerns regarding water runoff from the
property, but now it appears that the school District has started to address that. He requested the
City to review the functionality of the water quality pond. He stated he feels any additional
development already worsens a difficult traffic congestion area. He stated it is very difficult to
exit Black Oaks Lane. He stated he feels this structure would be an eyesore, and the neighbors
are very sensitive to the appearance of the area. He voiced his concern on the proposed height of
the done, and he is concerned about negative effects on property values. He noted that there are
30 properties that directly abut the school district property and 97.2% of those residents signed a
petition opposing this proposed project.
Douglas Day, 16025 County Road 15, Wayzata, stated he doesn't like the appearance of dome
facilities. He stated that the School District has stated that grass can't be grown on this site, and
that simply isn't true if it's properly maintained (he formerly was employed by the School
District).
Greg Gibson, 4300 Niagara Lane North, stated there is a demand for this facility. He stated the
Council has provided leadership in the past, and that is why the City has amenities that assist in
increasing property values. He stated the school district has looked at the concerns and issues
and has addressed them. He stated this is a wonderful opportunity to use existing resources for
the betterment of the community. He noted that it's so unique for all the different types of sports
to use this facility. He stated he appreciates the concerns from the adjacent neighborhoods. He
stated these amenities keep youth and families in the community, and he urged the Council's
support of this project.
Alex Bates, 16111 Black Oaks Lane, illustrated where he resides in proximity to this location
which would be 188 feet from the structure. He stated the size of this building would be
equivalent to a five -story apartment building. He indicated that this facility would create a
negative impact to the adjacent property owners, and he requested the School District to explore
alternate locations where there would be adequate parking and not so close to the neighborhood.
He stated this would be a "white elephant" in a residential area. He requested that the Council
deny this project like the Planning Commission did.
Ken Campbell, 16820 9th Avenue North, stated he is representing Gleason Lake Association's
Board of Directors. He spoke of their lake management plan, and he stated the most important
part of their plan is the control of runoff. When they heard of this plan for a dome and the
artificial turf that would drain directly into the lake, it was a concern. He stated City staff has
assured them that the School District would be taking 100% of the runoff from the upper parking
lot and making the holding pond larger, which would control the runoff. He thanked the School
District for addressing their concerns.
Adopted Council Minutes
Regular Meeting of May 11, 2004
Page 9 of 17
Dan Bruegelman, 16120 81h Avenue North, stated that he represents girls' youth basketball. He
requested the Council's support for this project, as it would be a great location.
Tom Quanbeck, 17300 51st Avenue North, stated his son plays on hockey and baseball teams and
he serves on the youth associations. He stated this facility would provide opportunities for the
youth. He requested the Council to support this project.
John Penshom, 120 Black Oaks Lane, stated he has four children who participate in sports, and
he feels that sports facilities need to be improved. However, the adjacent neighborhood would
be significantly impacted. Therefore, he requested that the Council deny this project.
Tom Victorian, 17425 32°a Avenue North, stated he is the Plymouth/Wayzata Baseball
Association President, and this project would be an asset to the community. He stated relative to
the size of trees that would be planted, the roof of the dome would be white which would blend
in with the neighborhood. He stated he hasn't seen anything that says that property values will
decrease because of this project. He stated he understands the neighborhood's concerns, but he
hopes that the Council supports the project.
Lori Peterson, 16010 4th Avenue North, Wayzata, stated their home would be in direct view of
the dome. She is very glad that all the sports associations have agreed to use this facility.
However, she feels this is an inappropriate structure for a residential neighborhood. She stated
there should be other locations that would be more suitable. She commented that she doesn't see
how the Council could get beyond the strategic points they need to address, i.e. traffic, safety.
Gary Bluen, 200 block of Black Oaks Lane, stated that he is very upset with the proposed
project. He illustrated the relationship of the size of the structure to the adjacent homes. He
explained approximately two-thirds of their development is wetlands. He illustrated the five 28
inch culverts draining from the school into the wetlands. He stated this makes it very difficult
for that water to flow into Gleason Lake. He stated due to the water, they also have a problem
with mosquitoes. He stated under Black Oaks Lane, there is a 14 -inch culvert taking out the
runoff. Each time there is a one -inch rainfall, they get 40,000 gallons of water in their
backyards. He stated they couldn't accommodate any more runoff. He requested that the
Council deny the project.
David Hansen, 16215 Black Oaks Lane, asked if a building permit has been issued or if an
Environmental Impact Statement has been prepared. He asked how may Variances are being
requested. He stated he feels that this effort is only for approximately 300 to 400 youth.
Mayor Johnson stated no Building Permit would be issued until the approvals are given. Also,
no Environmental Impact Statement is required, and no Variances are being requested.
Robert Ferguson, 16910 45th Avenue North, representing youth softball, stated their biggest
concern is that they don't have enough facilities in Plymouth, so youth have to travel to other
Adopted Council Minutes
Regular Meeting of May 11, 2004
Page 10 of 17
communities. He spoke of the Richfield Dome (Holy Angels) that is at a very busy intersection,
and they are surviving. There are no safety problems. He stated the youth need to participate
locally in sports. He indicated that the School District addressed the drainage issue. He
requested the Council's support of this project.
Brian McGrane, 2330 Yuma Lane North, stated he is a Plymouth/Wayzata baseball
commissioner, and this year they have over 250 11 and 12 -year olds divided into 14 teams. He
stressed the need for a bigger facility, and he requested the Council's support of the project.
Tim Kelly, 500 Bushaway Road, Wayzata, parent of Central Middle School student as well as a
baseball parent, stated the Council needs to be looking at the future changes to the City. He
stated the City must look at opportunities available to the youth. He noted that baseball is a year
around sport. There is competition across the board as well as higher demands for sports and
academic camps. This is an established use, and the school board has made a very good attempt
to address the concerns.
Peter Kelly, 500 Bushaway Road, Wayzata, stated he is in 8th grade at Central Middle School,
and he too feels that the school board has done a good job in evaluating this site. He stated this
would be an asset for those youth participating in sports.
Jim Brandl, 11035 37th Avenue North, stated he has been in the school district for 25 years, and
he has worked with numerous athletic associations. He stated these associations bring value to
the City. He noted the huge growth in the girls' programs. He stated the youth associations are
trying to provide an excellent facility for the youth of the community.
Rob Hayes, 11535 54th Avenue, Commissioner of Wayzata Youth Baseball Association, stated
there aren't enough adequate facilities to offer everything that they would like to do. He
requested the Council's support of the project.
Ken Pauley, 15730 2"a Avenue North, stated all of his sons participated in sports, and he was a
member of the hockey association board of directors as well as the youth baseball association.
However, he feels this is a good project, but it's not the best location, as there would be too much
of an impact on their neighborhood. He stated that currently vehicles park up and down their
streets over the weekends when there are danceline competitions at the school.
David Laxson, 240 Black Oaks Lane, stated his property is directly adjacent to the school. He
voiced his concerns regarding the current traffic situation near the school and the adverse impact
to the neighborhood if this project is approved. He stated the neighborhood has supported many
school programs such as the storage building on the field and installing new lights. He asked
what would be proposed after this project. He stated he doesn't feel this is very good planning
for the long-term growth.
Adopted Council Minutes
Regular Meeting of May 11, 2004
Page 11 of 17
Mike Braun, 100 Blacks Oaks Lane, stated he is also adjacent to the school. He stated he is
opposed to the project, and he has concerns about water runoff, additional drainage to their
properties, safety, and decrease in property values. He stated he is also concerned on how the
wildlife would be affected.
Katheryn Wallace, architect for the project, illustrated the proposed structure and stated that the
dome wouldn't be the only structure on the site that would be above 20 feet. She stated
regarding screening of the facility, they look at the elevation point of view for fair representation.
She illustrated the area that would be visible due to screening for the residents on the Black Oaks
Lane neighborhood.
John Penshorn, 120 Black Oaks Lane, disputed Ms. Wallace's comments on the screening.
Regarding the assumption that there could be a decrease in property values, Community
Development Director Hurlburt stated the City Assessor's opinion is that there wouldn't be a
negative impact on adjacent properties.
Mayor Johnson asked if the runoff from the site would improve. Councilrnember Bildsoe asked
if staff has had any conversations with the City of Minnetonka regarding this. Public Works
Director Faulkner replied that he hasn't had any conversations with the City of Minnetonka. He
stated the School District would be treating a larger amount of runoff, and one of their
requirements is that they don't increase the rate of the runoff.
Dan Johnson, Anderson Johnson Engineers, civil engineer, stated the current parking lot drains
to the wetland untreated. He stated that 530,000 gallons of water would always remain in the
pond. He stated above that amount, there would be the capacity of 640,000 gallons. He stated
they are required to treat the area that is affected by their project (six acres). However, they
would be treating a 12 -acre area. He stated they would undertake the best management practices
which is to sweep the pavement surfaces twice a year and inspect the storm water facilities. He
stated these are required and recorded agreements. He explained the rate would be significantly
less, and they would be combining existing culverts to an 18 -inch culvert directly diverting into
the pond.
Councilmember Black stated when the dome is up from November to March, and the majority of
the precipitation during this time is snow, she assumes that the snow would slide off the dome.
This would result in the same type of runoff pattern if that building weren't there. The snow is
going to melt in the same general area and drain into the pond. Mr. Johnson agreed and stated
that the water would drain at a much slower rate. He stated there is a lesser impact in the winter.
Mayor Johnson asked about traffic projections for Vicksburg Lane. Public Works Director
Faulkner stated as the traffic report indicates, traffic has increased on all roadways in the
community. There is an average of 9,700 cars per day on Vicksburg Lane. He stated the most to
expect from this development would be 165 vehicles in a peak hour, or a 14% increase in a peak
Adopted Council Minutes
Regular Meeting of May 11, 2004
Page 12 of 17
hour. He stated it's their opinion that the roadway could handle the traffic volume. However,
this could be reviewed further.
Mayor Johnson asked if this is similar to other minor arterial streets. Public Works Director
Faulkner replied yes.
Mayor Johnson commented that the driveways into the school property are difficult to navigate,
and she asked if they would be addressed in the future. Community Development Director
Hurlburt replied any changes to the main parking lot aren't part of the approval this evening.
She stated that would be a separate project, and an official plan hasn't currently been submitted.
She illustrated the existing driveways on Vicksburg Lane. She also illustrated the future
dedicated bus drop off area and single driveway for that purpose. She stated that staff feels this
would assist the traffic situation whether the dome is constructed or not.
Mayor Johnson requested staff to address the zoning issues of this property. Community
Development Director Hurlburt explained this property is zoned public institutional where there
are a lot of issues. She stated there have been churches and schools that have been similar to this
project in terms of height. She stated if there were a commercial building, there would be more
traffic impacts, and they would need to add parking. She stated the school district doesn't have
the option of having the dome up year around. The City's Comprehensive Plan indicates this
area as public institutional uses.
Mayor Johnson asked regarding parking in the neighborhood, what types of controls could staff
anticipate with this project. Community Development Director Hurlburt replied the School
District would be satisfying the City's minimum parking requirements. She stated that when this
school was the high school, the students parked on the streets, and eventually there was "no
parking" signage. She stated with this proposed facility, staff doesn't anticipate any parking
problems in the neighborhood. If there would be a parking issue, the residents could call the
Police Department.
Community Development Director Hurlburt stated regarding the statement that there could be
other suitable locations in the City for this project, when an application is presented to the City,
the City must review that application and not recommend another site.
Mayor Johnson asked about the mosquito problem in the neighborhood. Community
Development Director Hurlburt stated that with all the ponds and wetlands in the City, there is a
lot of standing water. She's unsure if these areas are increasing the mosquito population.
Mayor Johnson asked about the landscaping requirements and in particular, the size of the trees.
Community Development Director Hurlburt stated the proposed landscaping does meet the
City's requirements. She stated there is a condition that there would have to be a couple of trees
that would need to be changed to a different species in order to have a mixture of trees. She
stated the screening is primarily on the south side of the property. When staff reviews these
Adopted Council Minutes
Regular Meeting of May 11, 2004
Page 13 of 17
kinds of screening arrangements, they want to make sure that the trees have some type of impact
soon. She stated the larger the tree, the more shock the tree goes through when it's transplanted.
She indicated that a six-foot tree would get established much quicker than a 10 -foot tree. She
stated the School District has added a few more trees, but she has cautioned them on planting
them too close together as one doesn't want to completely block the view of the building. She
commented that she feels that the opaque fabric within the dome is more important in dealing
with the light issues.
Councilmember Bildsoe asked if there is capacity with the lift station in Minnetonka.
Community Development Director Hurlburt replied yes.
Mayor Johnson asked if wildlife would be displaced with this project. Community Development
Director Hurlburt replied in terms of habitat, none would be really affected.
Councilmember Stein asked about the light projecting from the dome and if the building height
can increase the further it is from the setback requirements. Community Development Director
Hurlburt replied there are standards in terms of the light impact. She stated the lighting for this
facility is interior, and one would be able to see it from a distance. However, in terms of
nuisance and glare from the light, it meets the City's standards. She stated she feels that the
opaque fabric in the inside of the dome would alleviate some of those concerns. She stated
regarding the distance from the property line, for each additional foot of height, there needs to be
some additional setback, but the School District is far exceeding the requirement.
Councilmember Slavik stated regarding the traffic study, the consultant recommended changes to
improve pedestrian safety on Vicksburg Lane at the Luce Line trail. Public Works Director
Faulkner stated that the Council would be receiving a report on this in the near future.
Councilmember Slavik indicated her desire to improve that area if the proposed project is
approved this evening.
Councilmember Bildsoe stated the City is considering amending the City's lighting ordinance,
and he asked if the lighting for this project would comply with the proposed lighting ordinance.
Community Development Director Hurlburt stated she believes that it would.
Motion was made by Councilmember Black and seconded by Councihnember Neset to adopt a
Resolution Approving a Site Plan Amendment and Conditional Use Permits to allow an Air -
Supported Dome over the Athletic Field at Central Middle School and Related Improvements for
Property located at 305 Vicksburg Lane (2004028 — Res2004-1891.
Councilmember Black stated that she isn't convinced that this project would have a negative
impact to adjacent properties.
Councilmember Neset stated that he feels the Conditional Use Permit standards have been met.
Adopted Council Minutes
Regular Meeting of May 11, 2004
Page 14 of 17
Mayor Johnson read the conditions contained in the approving Resolution.
Public Works Director Faulkner assured Councilmember Bildsoe that the pond maintenance
agreement is included (part of the engineer's memorandum).
Councilmember Black stated that the City would work with the School District on safety issues,
i.e., Vicksburg Lane at the Luce Line trail.
Mayor Johnson asked Mr. Baufield if the School District would be hosting some major event at
this facility, would the School District have people to direct traffic in order to facilitate traffic
congestion. Mr. Baufield replied that would always be an option. He stated it's critical that
vehicles move in a safe manner on and off their property.
Councilmember Stein stated that he would support the motion. He stated that he feels the School
District has responded appropriately to the issues and concerns raised at the Planning
Commission meeting. He believes that they have met all of the City's Zoning Ordinance
requirements as well as the conditions for the Conditional Use Permits. He stated the only issue
that was brought up was whether there would be a decrease in property values that he feels is a
non -debatable issue.
Councilmember Hewitt stated the City's dome in her ward has posed some problems for
residents, but their property values have increased in value. She stated she has a concern with
the driveway entrances and exits, as they are so close off of Vicksburg Lane. However, this
would need to be addressed by September 1 before a Building Permit would be issued.
Councilmember Slavik stated she has struggled with this issue, and she thanked residents for all
of the emails and phone calls that she received. She stated she recognizes the need for the
facility, and it would benefit the community. However, she isn't convinced that this is the best
location. She also doesn't feel that it meets all the requirements for the Conditional Use Permits.
She stated she feels that this facility isn't appropriate for the neighborhood.
Councilmember Bildsoe stated that he agrees that this location wouldn't be his first choice. He
noted that there needs to be future planning for pedestrian safety on Vicksburg Lane, and he
would be supporting improvements contained in the traffic study. He stated that he feels that the
project meets the City's standards; therefore, he would be supporting the motion.
Mayor Johnson stated that she feels that the School District worked very hard to address the
concerns that were raised at the Planning Commission meeting, and their request meets all the
Conditional Use Permit standards.
There being no further discussion, the Council voted on the motion. With all members voting in
favor but Slavik, the motion carried.
Adopted Council Minutes
Regular Meeting of May 11, 2004
Page 15 of 17
The Council took a five-minute break.
8.2) Set Study Session/Special Meeting
Motion was made by Councilmember Neset, and seconded by Councilmember Hewitt, to
schedule a Study Session on May 25 at 5:30 p.m. for the purpose of meeting with officials from
AGA Medical concerning their plans for the building at 9700 Schmidt Lake Road and to discuss
the State law requirement that the City adopt a "business subsidy plan." With all members
voting in favor, the motion carried.
Motion was made by Councilmember Stein, and seconded by Councilmember Black to schedule
a Study Session on June 8 at 5:30 p.m. for the purpose of receiving the citizen survey results.
With all members voting in favor, the motion carried.
Motion was made by Councilmember Black, and seconded by Councilmember Stein to schedule
a Study Session on June 22 at 5:30 p.m. for the purpose of reviewing the audit report. With all
members voting in favor, the motion carried.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Slavik to
schedule a Study Session on June 28 at 7:00 p.m. to discuss the Comprehensive Pan amendment
for Medina Road and the applications for CSM's proposed redevelopment of the Dana Spic
site. With all members voting in favor, the motion carried.
Motion was made by Mayor Johnson, and seconded by Councilmember Black, to schedule a
Joint Meeting with the Charter Commission on August 10 at 5:30 p.m. With all members voting
in favor, the motion carried.
Motion was made by Councilmember Black, and seconded by Councihnember Hewitt to
interview youth for City boards and commissions on June 8 at 4:30 p.m With all members
voting in favor, the motion carried.
Motion was made by Councilmember Slavik, and seconded by Councilmember Stein to add to
the May 18 Study Session agenda, the quarterly update with the City Manager. With all
members voting in favor, the motion carried.
8.3) Approval of Final Plat, Development Contract, and Assessments for Sanitary Sewer
and Watermain Area for "Wynfield Place" for Dean Johnson Homes for Property located
West of Northwest Boulevard and North of West Medicine Lake Drive (2003081F)
Dean Johnson, 4700 County Road 19, Medina, stated he has a concern with item 24L of the
Development Contract which requires him to construct a sanitary sewer in 47"' Avenue west of
Underwood Lane and sewer and water services to the property that borders his property. He
Adopted Council Minutes
Regular Meeting of May 11, 2004
Page 16 of 17
stated the City would reimburse him for the cost of these improvements as well as engineering
costs in the amount of $14,033.60. He stated that the Council has approved the preliminary plat
for the adjacent Wynfield Place development; however, he requested that these costs be split.
Community Development Director agreed that the Council approved the preliminary plat for the
Wynfield Place development, and she noted that the street is necessary for both developments.
She stated that if it were the desire of Mr. Johnson to petition the City to construct and assess a
portion to the other development, there would need to be a different development contract than
what is before the Council this evening. Public Works Director Faulkner added that basically the
City wouldn't be reimbursing Mr. Johnson for the cost of the street, and the street costs are also
the responsibility of Wynfield Place to construct a street just like any other developer.
Mr. Johnson stated that he would like to split the water, sewer, and street costs with Wynfield
Place.
Mayor Johnson asked staff if Mr. Johnson had discussed this with staff prior to this evening's
meeting. Community Development Director Hurlbtut replied there had been previous
discussions on how to assess the Wynfield Place developer.
City Attorney Knutson stated based on Mr. Johnson's request this evening, he would need to
withdraw this application and petition the City for the street project. He stated the Council
would then have the normal process that would include a feasibility report, project hearing,
preparing plans and specifications, soliciting bids, awarding the contract, constructing the
project, preparing an assessment roll, conducting an assessment hearing, and assessing the costs.
He stated if Mr. Johnson withdrew his application this evening, the process outlined above could
take at least three to four months before the bid could be awarded.
Mr. Johnson stated he thought that since he was being reimbursed for water and sewer, the
amount could be changed for the street portion.
City Attorney Knutson stated this kind of reimbursement is for sewer and water where the City
can collect hookup charges when that property is developed. Those hookup charges don't
require the same process as a petitioned street project.
John Bergh, Loucks Associates, stated that his whole project started with discussion with the
Wynfield Place developer if they wanted to share costs in doing the development. In essence, in
paying half of their costs of the road and the sewer and water hookups necessary, they changed
their minds a number of times. He met with City staff, and he gave them a copy of the costs
associated with the street, sewer, and water on 47a' Avenue. Wynfield Place's portion came to
50,000 which didn't include sanitary sewer or the engineering and administration costs.
According to City staff, that cost was $14,000. Mr. Johnson stated that he would construct the
street, sewer, water, and grading, but for that portion of the street for the Wynfield Place
property, it should be assessed to them.
Adopted Council Minutes
Regular Meeting of May 11, 2004
Page 17 of 17
City Attorney Knutson stated the City can't assess for water and sewer hookups.
Mayor Johnson stated this concern should've been addressed prior to this evening's meeting due
to the May 17 deadline.
Community Development Director Hurlburt stated Mr. Johnson would need to request an
extension or the Council approves it as it currently is. She stated Mr. Johnson has the option of
renegotiating development contracts in the future.
Mr. Johnson officially requested an extension until July 13.
Motion was made by Councilmember Black, and seconded by Councilmember Stein, to postpone
action on this item to no later than July 13, 2003. With all members voting in favor, the motion
carried.
Reports and Staff Recommendations
9.1) Update on Legislative Priorities
Motion was made by Mayor Johnson, and seconded by Councilmember Slavik to approve the
update on the Legislative priorities. With all members voting in favor, the motion carried.
Adjournment
Mayor Johnson declared the meeting adjourned at 11:20 p.m.
Vaa&JjZ-41J
andra R. Paulson, City Clerk