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HomeMy WebLinkAboutCity Council Minutes 02-26-2002Adopted Minutes Regular Council Meeting February 26, 2002 A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:05 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on February 26, 2002. COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Black, Harstad, Johnson, Slavik, and Stein. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Police Chief Gerdes, Fire Chief Kline, Finance Director Hahn, Housing Program Manager Barnes, Community Development Director Hurlburt, Public Works Director Faulkner, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum There was no one present to address the Council. Presentations and Public Information Announcements 4.01) Recognition of Jim Fournier and Tim Lahti (Retirees from the Fire Department) Special Recognition was given to Jim Fournier and Tim Lahti, recent retirees from the Fire Department. Mayor Tierney presented plaques to Mr. Fournier and Mr. Lahti and thanked them for all their years of service. Approval of Agenda City Manager Johnson requested to add a report on legislation as item No. 9.1 under Reports and Staff Recommendations. Councilmember Black added that she also has a report on phosphorous legislation. City Manager Johnson also requested to add the proposed refinancing of LifeTime Fitness as item No. 9.2 under Reports and Staff Recommendations. Councilmember Stein requested an update on the City owned homes on County Road 101 as item No. 9.3 under Reports and Staff Recommendations. Motion was made by Councilmember Johnson, and seconded by Councilmember Hewitt, to approve the amended a egnda. With all members voting in favor, the motion carried. Adopted Council Minutes iRegular Meeting of February 26, 2002 Page 2 of 19 Consent Agenda Mayor Tierney asked if there were any additions, corrections, or deletions to be made to the Consent Agenda. Councilmember Black requested to remove item No. 6.14 and place it under General Business as item No. 8.4. Councilmember Stein requested to remove item No. 6.16 and place it under General Business as item No. 8.5. Motion was made by Councilmember Hewitt, and seconded by Councilmember Johnson, to approve the amended Consent Agenda which included the followingitms:. 6.01) Regular Council Meeting Minutes of February 12, 2002 and Special Council Meeting Minutes of February 12, 2002. 6.02) Resolution Approving Disbursements for Period ending February 15, 2002 (Res2002- 078). 6.03.1) Acceptance of Environmental Quality Committee's 2001 Annual Report and 2002 Work Plan. 6.03.2) Acceptance of Park and Recreation Advisory Commission's 2001 Annual Report and 2002 Work Plan. 6.03.3) Acceptance of Advisory Committee on Transit's 2001 Annual Report and 2002 Work Plan. 6.03.4) Acceptance of Planning Commission's 2001 Annual Report and 2002 Work Plan. 6.04) Resolution Approving a PUD Amendment to allow a Front Yard Setback of 24 -feet for Building Three for "Stoneleigh at the Reserve Apartments" in the Reserve PUD, located west of I-494 and north of the Canadian Pacific Railroad (2002001— Res2002-079), an Ordinance Amending Chapter 21 of the City Code to amend the Reserve PUD located west of I-494 and north of the Canadian Pacific Railroad (2002001— Ord2002-06), and a Resolution Approving Findings of Fact for Amending the Zoning Ordinance Text for "Stoneleigh at the Reserve Apartments" in the Reserve PUD, located west of I-494 and north of the Canadian Pacific Railroad (2002001— Res2002-080). 6.05) (This item was placed under General Business as item No. 8.6). Adopted Council Minutes . Regular Meeting of February 26, 2002 Page 3 of 19 6.06) Resolution Replacing Resolution 2001-504, Approving Lot Division/Consolidation for Marcia Robbins to Reconfigure Lots 6 and 7, Block 1, Inglebrae Addition (2001065 — Res2002- 081). 6.07) Resolution Approving Purchase Agreement for City -Owned Property at 17915 County Road 24 (9005 — Res2002-082). 6.08) Resolution Affirming 2002 City Council Goals and Objectives (Res2002-083). 6.09.1) Resolution Finding No Objection to Lawful Gambling Exemption for Pilgrim Lane Elementary PTO.(Res2002-084). 6.09.2) Resolution Finding No Objection to Lawful Gambling Exemption for Zachary Lane Elementary PTA (Res2002-085). 6.10) Resolution Approving 2002 Municipal Recycling Grant Application and 2001 Municipal Recycling Final Report (Res2002-086). 6.11) Resolution Establishing Municipal State Aid Highway for Nathan Lane (Res2002-087). 6.12) Resolution Receiving Preliminary Engineering Report and Calling for Hearing on Improvements for 2002 Street Reconstruction Project, Schmidt Lake Area (2001— Res2002- 088). 6:13) Resolution Requesting a Variance from Rules from State Aid Operations for Cheshire Lane Bridge (Municipal State Aid Route No. 164, State Aid Project No. 155-164-009, and City Project No. 9006) (Res2002-089). 6.14) (This item was placed under General Business as item No. 8.4). 6.15.1) Resolution Reducing Required Financial Guarantee for Park Woods Townhomes Addition (95127 — Res2002-090). 6.15.2) Resolution Reducing Required Financial Guarantee for James Addition (95129 — Res2002-091). 6.15.3) Resolution Reducing Required Financial Guarantee for Plymouth Station (97145 — Res2002-092). 6.15.4) Resolution Reducing Required Financial Guarantee for Cornerstone Commons Addition (98094 — Res2002-093). 6.15.5) Resolution Reducing Required Financial Guarantee for Cornerstone Commons Third Addition (99050 — Res2002-094). Adopted Council Minutes Regular Meeting of February 26, 2002 Page 4 of 19 6.16) (This item as placed under General Business as item No. 8.5). 6.17) Resolution Approving Payment to Senior Community Services (Res2002-095). 6.18) Resolution Approving Various Park Improvement Projects for 2002 (Res2002-096). Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to remove item No. 6.05 and place under Reports and Staff Recommendations as item No. 8.6. With all members voting in favor, the motion carried. Councilmember Hewitt thanked all the boards and commissions for submitting their 2001 annual reports and 2002 work plans (6.03). Motion carried to approve the amended Consent Agenda. Public Hearings 7.1) Vacation of Utility and Drainage Easement for Ponding within Lots 5 and 6, Block 2, of Mission View Addition (2001121) Public Works Director Faulkner illustrated the proposed vacation. He stated at the February 12 meeting, the Council approved a lot division/consolidation for Lots 5 and 6 of Block 2, which created three lots. In order to construct a home on the new lot, the existing utility and drainage easement for ponding needs to be vacated. Since the area covered by the easement is not a wetland or needed for ponding, the easement is no longer necessary. Mayor Tierney opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed: Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to adopt a Resolution Authorizing the Vacation of the Utility and Drainage Easement for Ponding within Mission View Addition (Res2002-097). With all members voting in favor, the motion carried. 7.2) Application of Margaret Shok-Chiu Liao, d/b/a Joy Luck Wok, 10100 6th Avenue, for an On -Sale 3.2 Malt Liquor License City Clerk Paulson reported on the request of Margaret Shok-Chiu-Liao, d/b/a Joy Luck Wok, for an On -Sale 3.2 Malt Liquor License. Mayor Tierney opened the public hearing for. testimony. Adopted Council Minutes Regular Meeting of February 26, 2002 Page 5 of 19 An individual representing the applicant stated that they would meet with the Police Chief to discuss participating in the Best Practices Program. There being no one else wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Stein, and seconded by Councilmember Slavik, to adopt a Resolution Approving On -Sale 3.2 Malt Liquor License for Margaret Shok-Chiu Liao d/b/a Joy Luck Wok, 10100 6h Avenue North (Res2002-098). With all members voting in favor, the motion carried. 7.3) Application of Sam Vadlamudi d/b/a Coquito's Mexican Grill, 1115 Vicksburg Lane, for a Wine License City Clerk Paulson reported on the request of Sam Vadlamudi, d/b/a Coquito's Mexican Grill, for a Wine License. She stated that the applicant currently holds an On -Sale 3.2 Malt Liquor License and would like the option of also selling wine. She stated the applicant currently has a condition on their 3.2 Malt Liquor License that there can be no amplified music or sound on the site from 10:00 p.m. until 9:00 a.m. The applicant has indicated that he would have no objection that this condition also be placed on the Wine License. Mayor Tierney opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Johnson, and seconded by Councilmember Hewitt, to adopt a Resolution Approving a Wine License for Sam Vadlamudi d/b/a Coquito's Mexican Grill, 1115 Vicksburg Lane Res2002-099). With all members voting in favor, the motion carried. 7.4) Establishment of Tax Increment Financing District for Stone Creek Village located at the Northeast Quadrant of Highway 55 and West Medicine Lake Drive (Dominium Development) Community Development Director Hurlburt reported on the request to establish a tax increment financing housing district and to approve a tax increment financing plan relating to Dominium Development's Stone Creek Village project located at the northeast quadrant of Highway 55 and West Medicine Lake Drive. She stated the Council reviewed this proposed development at their August 28, 2001 Council meeting. She noted that since that meeting, the developer has had an Jopportunity to further analyze the project and determine that the construction costs were about 15% higher than originally anticipated. Therefore, they have revised the plans to compensate for the higher costs. The main revision involves reducing the square footage of some of the larger Adopted Council Minutes Regular Meeting of February 26, 2002 Page 6 of 19 units that would result in an increase of the total number of units. Originally, the development plan consisted of 116 units, 27 of which would be affordable to households earning at or below 50% of the area median income. The revised plan contains 130 units, of which 34 would be affordable. She stated the City's consultant, Springsted, is still reviewing the final version of the tax increment financing plan. Therefore, she recommended that the Council conduct the public hearing and continue it to a future meeting. Mayor Tierney opened the public hearing for testimony. Erika Urban, 1541 West Medicine Lake Drive, representing AMLAC, apologized for not being able to attend the recent Planning Commission meeting when this was discussed. She voiced her concerns about the close proximity of this development to the wetlands and the impact on Medicine Lake. She stated with the additional units, there would be a need for more parking. This would create a larger impervious surface area. She asked if an Environmental Assessment Worksheet has been prepared, and if so, could she receive a copy. She stated that the Council needs to determine if it is prudent to provide tax increment financing to a project that could cause traffic problems and impact the environment. Greg Wagner, 2534 West Medicine Lake Drive, asked if staff has prepared an impact study on how this would affect the traffic in the area, especially with the additional vehicles that would be traveling on West Medicine Lake Drive. Tom Gallagher, 10500 South Shore Drive, asked what type of impact would the additional 14 units have on the area, i.e. additional parking, drainage into the wetlands. He stated that the City has been very proactive in providing funding to improve the water quality of Medicine Lake, and how would this proposed project affect those efforts. He suggested that an Environmental Impact Statement be prepared for this project. Mayor Tierney stated that this hearing would be continued. Community Development Director Hurlburt clarified the issues that the speakers addressed. She stated the Planning Commission considered whether the proposed tax increment financing plan was consistent with the City's Comprehensive Plan. The commission would be reviewing the site plan in April or May. She stated the footprint of the building hasn't changed with the additional 14 units. The interior was revised, and many of the units were made smaller.. Staff doesn't feel there would be additional impact to the wetlands. In the near future, staff would be receiving the final engineering plans for further review. She indicated that this project doesn't require an Environmental Impact Statement or Worksheet based on the size and scope of the development. However, there would be a project review of the wetland and traffic issues. The project wouldn't impede the flow of traffic, as there is a new entrance to this site from the new frontage road along Highway 55. She stated the only wetlands that would be impacted because of fill, is the realignment of the frontage road, which is not related to this project. Adopted Council Minutes Regular Meeting of February 26, 2002 Page 7 of 19 Councilmember Black stated she attended the recent AMLAC meeting, and many of the residents are concerned about the traffic in this area. She requested that staff, when reviewing the site plan, try to address those concerns, with a fair amount of detail and what the impact would be. Councilmember Hewitt asked if any future changes to the tax increment financing law could affect this project. Community Development Director Hurlburt replied yes. However, the risk would be very minimal to the City, and the risk is shared by the developer with a pay-as-you-go type plan. Motion was made by Mayor Tierney, and seconded by Councilmember Stein, to continue the hearing to April 9. With all members voting in favor, the motion carried. General Business 8.1) Consider Preliminary Plat for "Hidden Terrace Townhomes" Development (SVK Development — 2001107) Community Development Director Hurlburt stated prior to discussing the proposed rezoning and Preliminary Plat for this project, the City is required to act on the petition that was submitted to the Environmental Quality Board requesting that an Environmental Assessment Worksheet EAW) be prepared. She stated the Environmental Quality Board's rules preclude the City from preparing an EAW as this project doesn't meet or exceed any of the thresholds specified in Minnesota Rules. Therefore, this project would be exempt from that process. She recommended that the Council adopt a Resolution finding that this development is exempt from a discretionary EAW. Councilmember Johnson asked if there was some misunderstanding by the petitioner with this process, and if staff has had any recent conversations with the petitioner. Community Development Director Hurlburt stated the petitioner's request was discussed at the Planning Commission's meetings. City Attorney Knutson confirmed that there isn't a mandatory EAW, and this project is exempt from that process. He stated the Environmental Quality Board is required to forward the petition to the City. Councilmember Johnson asked what a discretionary EAW is. City Attorney Knutson replied there are two classifications/thresholds — mandatory and discretionary. If a project meets certain thresholds, an EAW would be mandatory. He stated the discretionary classification is for those projects where one isn't required nor prohibited to prepare an EAW. He stated the number of units and the type of project are the factors that are considered. Adopted Council Minutes Regular Meeting of February 26, 2002 Page 8 of 19 Councilmember Johnson asked if staff has undertaken the normal review process with this project to research the environmental issues/concerns that are being questioned. Community Development Director Hurlburt replied yes. Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to adopt a Resolution Finding that the Hidden Terrace Townhome Proposal by SVK Development,. Inc. is Exempt from a Discretionary Environmental Assessment Worksheet (2001107 — Res2002-100). With all members voting in favor, the motion carried. Community Development Director Hurlburt reported at the January 8, 2002 Council meeting, the applicant presented a rezoning and Preliminary Plat application that included 32 twinhome units and would have involved removing 67% of the significant tree inches and importing approximately 34,000 cubic yards of fill. She stated at that meeting, residents had voiced concerns relating to: 1) Tree loss and the proposed placement of new trees within the wooded area to be preserved; 2) Screening along the western boundary of the site; 3) Amount of fill that would be imported to the site; 4) Density; 5) Traffic impact during and after construction; and 6) Runoff and holding capacity of the pond. The Council directed staff to prepare a Resolution consistent with the denial of the rezoning and Preliminary Plat for consideration at the January 22 meeting. On January 22, the Council tabled the matter until this evening at the request of the applicant. She stated the purpose of tabling the item was to allow the applicant time to revise the plans in a manner that addresses the neighborhood's concerns. She stated the applicant has submitted a revised development plan. The plan continues to indicate 32 twinhome units in approximately the same layout, but makes the following changes to address concerns by the neighbors: 1. The amount of tree loss would be reduced from 67% to 61 %. There would be 19 additional significant trees on site that would be preserved. 2. The access street into the development would be relocated to the east a distance ranging from five to 15 feet in order to assist in providing more screening in the western portion of this site from adjacent properties. The street relocation created a wider planting area west of the street, which would result in 29 additional plantings west of the proposed street. 3. The proposed elevation of the site was reduced approximately three to four feet. Therefore, the amount of fill needed to be hauled into the site was reduced from 34,000 cubic yards to approximately 6,000 cubic yards. 4. The height and location of the retaining walls has been modified to accomplish the elevation change and the need for less fill. The overall surface area of retaining walls increased approximately 23% over the previous plan but remains approximately half of the amount indicated on the original plan. The revised plan also eliminates all modular retaining walls and replaces them with lower boulder retaining walls. 5. The density level of this development is within the LA -2 guiding. In addition, the density of this development is very similar to the Hilltop of Plymouth, an adjacent development (3.88 dwelling units per acre vs. 3.57 dwelling units per acre). Adopted Council Minutes Regular Meeting of February 26, 2002 Page 9 of 19 6. The amount of construction traffic would decrease due to less fill being hauled into the site. 7. The proposed water quality pond would meet the City's water quality standards. In addition, drainage calculations for this site indicate that the pond would have a volume capacity that is approximately 25% larger than required. She stated the Planning Commission has recommended approval of the rezoning and Preliminary Plat as revised. Councilmember Black asked if the existing row of trees between this development and the adjacent neighbor would be removed. Community Development Director Hurlburt replied yes. Councilmember Hewitt asked how many days would it take to haul the fill into this property. Kendra Lindahl, representing Landform/SVK stated it would take approximately one week. Councilmember Harstad asked if the majority of the water runoff from this site would be contained on site. Ms. Lindahl replied yes. Public Works Director Faulkner added that the northern portion of the site would naturally flow to the pond, and as the pond fills up, the water is piped out. He stated the pond would be designed for water treatment and outflow capabilities. He then illustrated a topography map of the site which indicated the natural drainage areas. He stated there is a rain guard in the middle of the cul-de-sac with a drainpipe to the pond. He indicated that as water flows into a pond, the water is treated, and that treated water is piped out. He added that the ponds are designed to store a certain amount of water from rainfalls. Councilmember Johnson asked how many inches of topsoil would be laid on this site prior to sodding. Ms. Lindahl replied the amount of topsoil would vary within the site. There would be a minimum of two to six inches. Community Development Director Hurlburt added that three to four inches of topsoil is more than adequate, and she stated the developer would need to keep the majority of the soil on this site. Councilmember Black stated that native species plantings require at least seven to 12% of organic content. Therefore, she requested that the applicant's landscape architect review this. Community Development Director Hurlburt stated there isn't a sod requirement for black dirt on private properties. Councilmember Johnson stated concerns were addressed at the January 8 meeting relating to the turning radius within the cul-de-sac for emergency vehicles. She asked if this concern has been addressed. Public Works Director Faulkner replied the applicant would be able to negotiate a turning radius for emergency vehicles. This would be discussed further during the Final Plat process as would the items contained the City Engineer's memorandum. Adopted Council Minutes Regular Meeting of February 26, 2002 Page 10 of 19 Councilmember Harstad commented if there is an overly large amount of black dirt hauled to the site, that could also damage the tree stock due to the additional dirt coverage over the trees' roots. Community Development Director Hurlburt stated the grade around the trees that are to be preserved can't be changed. Councilmember Hewitt cautioned the Council in requiring the developer to haul in a certain amount of black dirt when that has not be required of other developers. Community Development Director Hurlburt added that if the Council desires to place conditions on the planting of grass/amount of fill on private property, a policy should be established. Jerry Lee Fisher, 4630 Fembrook Lane North, stated he is concerned about the pond in this proposed development as well as the pond in the Hilltop of Plymouth development. He questioned if the Hilltop of Plymouth pond would have hydrostatic pressure if the road weren't higher. He stated the ponds in the area couldn't handle the six inch rains last year, and there is even more of a problem when the ground is frozen or saturated. He stated he differs with the City Attorney's opinion that an EAW isn't required for this project, as he interrupts the law that this project isn't exempt from EAW process. He stated the discharge from these housing developments continues to impact this area. He stated he understood that there was a motion on the table to deny the rezoning and Preliminary Plat approval with findings of fact. Mayor Tierney stated that the Council had directed staff to prepare a Resolution that would be consistent with denial along with findings of fact for the January 22 meeting. However, the applicant requested the Council table that action until this evening in order that the plans could be revised to address the neighborhood concerns. Community Development Director Hurlburt added the Resolution denying the requests along with the findings of fact are included in the Council's packet of materials. She stated the applicant has the ability to extend the deadline to April 12. Mr. Fischer stated it's possible that this development could be fewer units since the minimum is 25. Therefore, he asked why there couldn't be fewer units which would require less tree removal and less water runoff. John Medeck, 14100 46th Place North, commented that this plan looks very similar to the previous plan. He stated that he received correspondence from SVK Development, and he noted that the emergency vehicles wouldn't able to turn around in the cul-de-sac. He stated this turn around area would be even smaller during the winter season when the area is full of snow. He stated that SVK Development indicated that they would be experimenting with some templates, but he doesn't feel that is adequate. He requested that there be signage in the Hilltop development that would say "dead end," and "children at play." He stated meetings between the neighbors and SVK Development have been scheduled, but then they have either been postponed or cancelled. Adopted Council Minutes i Regular Meeting of February 26, 2002 Page 11 of 19 Mayor Tierney asked if there is a dead end currently on their street. Mr. Medeck stated no; people enter their development and turn around. Jennifer Abara, 14115 46th Place North, voiced her objection to this proposed project and stated that her home is the last home in the Hilltop of Plymouth development adjacent -to this proposed development. She illustrated the current trees that would be removed, and she stated this would greatly affect the enjoyment of their home. She requested that more of those trees try to be preserved. She stated she has three small children, and she is worried about the traffic — especially during construction with only one outlet to that property. I . George Comb, 1440 42°a Avenue, spoke in support of this development, and he stated he resides only three blocks from this development. He stated there are a few homes for sale in the Hilltop of Plymouth development that could be attributing to the extra traffic in the area. He stated this type of development is consistent with the City's Comprehensive Plan, and it would be an asset for the City. Public Works Director Faulkner stated regarding Mr. Fischer's comments about hydrostatic pressure with the ponds, this would be fully analyzed during the Final Plat process. He stated that "no oulet" signs would be installed, but the "children at play" signs are ineffective and wouldn't be installed. Community Development Director Hurlburt stated that the condition regarding the turn around for emergency vehicles is common practice whether or not "no parking" is signed on the cul-de- sac. She added that the retaining walls behind buildings one and two would have a guardrail if they are over feet tall. Councilmember Johnson asked what the distance is between those buildings and the retaining wall. Ms. Lindahl replied the nearest retaining wall is located on Lot 2, and there is approximately 10 to 12 feet distance between the wall and the structure. Councilmember Johnson asked if it is correct that the majority of the backyards are more of a natural state, not a usable area. Ms. Lindahl replied yes. Councilmember Johnson asked if staff factors in the characteristics of the property when reviewing the density levels. Community Development Director Hurlburt replied yes. Motion was made by Councilmember Harstad, and seconded by Mayor Tierney, to adopt an Ordinance Amending Chapter 21 of the City Code to Classify Certain Land located Approximately 600 Feet East of Fernbrook Lane on 46th Place North (2001107 — Ord2002-07), Feet East of Fernbrook Lane on 46' Place North (2001107 — Res2002-101), and a Resoluta Approving a Preliminary Plat for SVK Development, Inc. for Hidden Terrace Townhomes Adopted Council Minutes Regular Meeting of February 26, 2002 Page 12 of 19 located Approximately 600 Feet East of Fernbrook Lane on 46t` Place North (2001107 — Res2002-109). Councilmember Black asked if more of the trees on the west side of the property could be preserved. Ms. Lindahl replied no. She stated those are boxelder trees, and they would be replaced with oak and maple trees. Councilmember Hewitt thanked the developer for changing the plans (moving the entrance road, reducing the amount of fill, etc.). However, she is still concerned about the density level and would support a lower density level. Councilmember Johnson asked if it is a possibility for a more decorative entrance road into the development so the headlights from vehicles don't shine into the Abara's property. Ms. Lindahl stated the proposed landscaping is a good buffer. Community Development Director Hurlburt added the applicant isn't required to place anything on top of the buffer. She also noted that the Hilltop of Plymouth development is at a much higher elevation than this proposed development. Motion was made by Councilmember Stein, and seconded by Councilmember Black, to amend j the main motion to add a condition to the Resolution Approving the Preliminary Plat that the qpplicant work with staff to determine a reasonable amount of topsoil to be placed on this site. Councilmember Stein stated perhaps this development could be used as a "test site" for future developments in determining the correct amount of topsoil. Councilmember Harstad stated he would support this amendment, as more topsoil would require less fertilizer and. it would allow more plant growth. There being no further discussion and with all members voting in favor, the amendment was approved. Councilmember Johnson asked if buildings one and two were removed, would more trees be saved. Community Development Director Hurlburt replied there would still need to be grading to accommodate the road; therefore, not all of those trees would be saved. Staff would need to review a new grading plan without all those trees. She stated there would need to be some slope to the property in order to accommodate the road. Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to amend the main motion to delete buildings one and two (units 1-4) from the Preliminary Plat. Community Development Director Hurlburt stated this deletion would still allow the applicant to be within the three to six units per acre for proposed guiding. Adopted Council Minutes Regular Meeting of February 26, 2002 Page 13 of 19 Councilmember Harstad stated the Metropolitan Council has given a projected growth of the metropolitan area. This growth coupled with the difficulty in providing affordable housing, should entice the City to increase the density. Councilmember Johnson stated the Council increased the densities when the Comprehensive Plan was approved. She acknowledged that there would be growth in the metropolitan area, but each city determines the amount of growth for their city. Regarding this proposed development, she stated she is concerned about road alignments, retaining walls, tree preservation ordinance, and steep grades. At this time, it's not known whether deleting two buildings would improve the compliance with tree preservation and possibly improve the road alignment in relation to Hilltop of Plymouth. Community Development Director Hurlburt stated if the units are deleted, the applicant would need to take into consideration all the other concerns that have been addressed this evening. They would need to determine if they would proceed with the project. Councilmember Slavik stated she agrees with Councilmember Johnson. She stated she is concerned on how this plat fits with this very difficult piece of land to develop. Councilmember Black stated that she is trying to accommodate this site better by recommending that four of the units be deleted. She stated perhaps more trees closer to the Hilltop of Plymouth development could be preserved. Councilmember Stein stated that the applicant is already following the City's tree preservation ordinance. He stated the applicant has situated the units on the site to minimize the number of trees to be removed, and he's also working with the residents of the Hilltop of Plymouth development. He doesn't believe that by eliminating four units to save approximately 25 trees, which in turn would increase the cost of the units, is warranted. Therefore, he wouldn't support the amendment. Councilmember Harstad agreed with Councilmember Stein and stated this property could contain more units and still be within the guiding of this property. Councilmember Johnson asked if the Council could request the applicant to prepare a new plat that would delete the first two buildings. Community Development Director Hurlburt replied the Council could request that but the applicant wouldn't need to prepare a new plat. She stated. if the first two buildings were deleted, there wouldn't be a major change in the road alignment. The retaining wall to the rear of those first two buildings would need to be removed, which could cause additional trees to be removed to accommodate that grading. She stressed that staff would need to review a revised grading plan before any determinations could be made on the road alignment. Motion was made by Councilmember Stein, and seconded by Councilmember Harstad, to call the question. With all members voting in favor but Johnson and Slavik, the motion carried. Adopted Council Minutes Regular Meeting of February 26, 2002 Page 14 of 19 The Council voted on the proposed amendment. With all members voting against the motion but Black, the motion failed. Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to amend the main motion to amend the Preliminary Plat and limit the number of housing units to 28. Councilmember Black stated this motion doesn't specify what four units would need to be removed. Councilmember Harstad stated he wouldn't support the motion. Councilmember Stein stated if the goal is to preserve more trees, a motion to deny or table this item would be more appropriate as reducing the number of units to 28 doesn't necessarily correlate to saving more trees. Therefore, he wouldn't support the motion. Councilmember Slavik asked if the City could require the applicant to save more trees when they are currently meeting the City's tree preservation ordinance. City Attorney Knutson replied if the applicant is meeting all requirements of the ordinance, the Council has no discretion to make that a requirement. Motion was made by Councilmember Stein, and seconded by Councilmember Harstad to call the ue stion. With all members voting in favor but Slavik and Johnson, the motion carried. The Council voted on the proposed amendment. With all members voting against the motion but Hewitt, the motion failed. The Council voted on the amended main motion. With all members voting in favor but Black, Hewitt, and Slavik, and motion carried. The Council took a 10 -minute break. 8.2) Approve Interim Home Occupation Permit to Allow Operation of a Photography Studio at 17945 24th Avenue North (Richard and Nancy Decamp — 2001147) Community Development Director Hurlburt reported on the request of Richard and Nancy DeCamp for an Interim Home Occupation License. She explained the applicants are proposing to construct an addition on the rear of their home for their photography studio. She stated the applicants are proposing to have an average of one client a day; however, during the peak season, they would have a maximum of five clients per day in order to limit the daily trips. j Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adopt a Resolution Approving an Interim Home Occupation License for Richard and Nancy DeCamp for Property located at 17945 24th Avenue North (2001147 — Res2002-102). Adopted Council Minutes Regular Meeting of February 26, 2002 Page 15 of 19 Councilmember Slavik asked if the City permits any type of advertising signage on the property. Community Development Director Hurlburt replied no. Richard DeCamp stated his proposed studio could accommodate a group up to the maximum of 10. If the group would be larger than that, they would need to schedule the session at another location. He stated they would work with their clients in limiting the number of vehicles parking in front of their home and on the street. Each session would last approximately one to two hours. He indicated that their driveway would accommodate the parking of five vehicles. He explained the majority of their business is wedding, senior portrait work, and work with Wayzata High School. There being no further discussion and with all members voting in favor, the motion carried. 8.3) Approve Rezoning, Preliminary Plat, and Site Plan for a 164 -Unit Townhome Development, "Townhomes at Nanterre," located Northwest of Schmidt Lake Road and Vicksburg Lane (Ryland Homes — 2001148) Community Development Director Hurlburt illustrated the proposed site of a 164 -unit townhouse development located on the north side of Schmidt Lake Road west of Vicksburg Lane. She stated the applicant requests approval of an Ordinance rezoning the property from FRD to RMF - 2, Resolution approving the findings of fact for the rezoning, Resolution approving the Preliminary Plat, and a Resolution approving the Site Plan and Fire Lane Variance. She stated the townhome units would be in clusters of four to eight units, and they would be for sale. There would be a pool complex contained in the development as well as sidewalks. She noted that there would be future improvements to the intersection of Schmidt Lake Road and Vicksburg Lane to alleviate any traffic concerns. She noted that this property was added to the City's urban service area, and the proposed development is consistent with the City's Comprehensive Plan. Chris Enger, Land Resources Manager for Ryland Homes, requested the Council's support for this project. He stated they have resolved all the issues that were addressed at the Planning Commission meeting. Councilmember Hewitt asked if the developer would disclose information on the City's proposed water storage facility in this area in their sales information. Mr. Enger replied yes. Community Development Director Hurlburt stated this is a condition in the Resolution. Councilmember Johnson suggested that prospective buyers should also be informed of the close proximity of the railroad and the blowing of the train whistles. Mr. Enger stated they would also include that information. Councilmember Harstad how much topsoil would be laid prior to the planting of sod. Mr. Enger replied there would be a minimum of four inches. Adopted Council Minutes Regular Meeting of February 26, 2002 Page 16 of 19 Motion was made by Councilmember Harstad, and seconded by Councilmember Johnson, to adopt an Ordinance Amending Chapter 21 of the City Code to Classify Certain Land located North of Schmidt Lake Road and West of Vicksburg Lane (2001148 — Ord2002-08), Resolution Approving Findings of Fact for Rezoningof Property located West of Vicksburg Lane and North of Schmidt Lake Road (2001148 — Res2002-103), Resolution Approving a Preliminary Plat for Ryland Homes for a 164 -Unit Townhouse Development located North of Schmidt Lake Road and West of Vicksburg Lane (2001148 — Res2002-104), and Resolution Approving Site Plan and Fire Lane Variance for Ryland Homes for a 164 -Unit Townhouse Development located North of Schmidt Lake Road and West of Vicksburg Lane (2001148 — Res2002-105). With all members voting in favor, the motion carried. 8.4) Resolution Approving Engineering Service Rates for 2002 for the City's Designated Engineering Consulting Firms Boonstroo, Rosene, Anderlik and Associates, Inc., SRF Consulting Group, Inc. Short, Elliott, Hendrickson, Inc., and Howard R. Green Company Councilmember Black voiced her concerns with the proposed increases in consultant fees, which appear to be very excessive. City Manager Johnson stated that staff is recommending a review of engineering consultants in the very near future. He noted that Mayor Tierney and Councilmember Johnson serve on the committee that would be performing this task.. He clarified that these proposed rates wouldn't affect any projects from 2001 or up to the current date. The committee would be able to complete the review before there would be any large projects that would require a consultant. Councilmember Johnson asked if there is an urgency to approve these fees prior to the review. City Manager Johnson replied that there could be the possibility of a few minor projects where it would be prudent to hire one of the consultants. He noted that the proposed fees are very comparable to other municipalities. Councilmember Stein suggested that if there was a minor project that required consulting work, staff could request that the engineering firms perform the work based on last year's rates until the review process has been completed. Councilmember Black reiterated her concern and stated it's very common for government to negotiate for services. City Manager Johnson stated that these firms are from the private sector, and they can legally establish their rates. He also stated that the majority of these fees are paid by State Aid funds. Motion was made by Councilmember Harstad, and seconded by Mayor Tierney, to adopt a Resolution Approving Engineering Services Rates for 2002 for the City's Designated Engineering Consulting Firms Bonestroo, Rosene, Anderlik and Associates, Inc., SRF Consulting Group, Inc., Short, Elliott, Hendrickson, Inc., and Howard R. Green Company Adopted Council Minutes i Regular Meeting of February 26, 2002 Page 17 of 19 Res2002-106). With all members voting in favor but Johnson, Black, and Slavik, the motion carried. 8.5) Resolution Approving Cooperative Construction Agreement for Pike Lake Channel Stabilization Project from Hemlock Lane to Pike Lake in the Cities of Plymouth and Maple Grove Councilmember Stein requested clarification on the proposed cost sharing agreement with the City of Maple Grove. City Manager Johnson stated that it's based on the flow. Public Works Director Faulkner added that the cities' consultant is further reviewing this agreement as well as reviewing both city's plans and the amount of flow that is generated from all the land areas. Motion was made by Councilmember Black, and seconded by Mayor Tierney, to adopt a Resolution Approving Cooperative Construction Agreement for the Pike Lake Channel Stabilization Project from Hemlock Lane to Pike Lake in the Cities of Plymouth and Maple Grove (Res2002-107). With all members voting in favor, the motion carried. 8.6) Resolution Approving Conditional Use Permit Amendment for Reliance Development Company, LLP to allow 24 -Hour per Day Operation of the Gas/Convenience Store located at 4325 Peony Lane (20004) Motion was made by Councilmember Johnson. and seconded by Councilmember Hewitt. to adopt a Resolution Approving a Conditional Use Permit Amendment for Reliance Development Company, LLP to allow 24 -Hour per Day Operation of the Gas/Convenience Store located at 4325 Peonv Lane (20004 — Res2002-108). but with an amendment that the hours of operation be 5:30 a.m. to 12:30 a.m. Councilmember Stein stated there is no basis to deny the applicant a 24-hour operation. Motion was made by Councilmember Stein, and seconded by Councilmember Black, to amend the main motion to allow the applicant the 24-hour operation as requested. Councilmember Slavik voiced her support for the more limited hours of operation. Councilmember Black stated she would support a 24-hour operation due to the close proximity to Highway 55. Motion was made by Councilmember Johnson, and seconded by Councilmember Slavik, to call the question. With all members voting in favor, the motion carried. The Council voted on the amendment. With all members voting in favor but Johnson and Slavik, the motion carried. Adopted Council Minutes Regular Meeting of February 26, 2002 Page 18 of 19 The Council voted on the amended main motion and with all members voting in favor but Johnson and Slavik, the motion carried. Reports and Staff Recommendations 9.1) Legislative Update City Manager Johnson reported on House File Bill #3518 and Senate File Bill #3305, which could allow for privatization of residential building inspections for dwellings up to four dwelling units. He highlighted staff's concerns and sections of the proposed bills. Motion was made by Councilmember Johnson, and seconded by Councilmember Hewitt, to accept the report from staff and requested staff to send correspondence to Legislators indicating the City's opposition to these two bills. Councilmember Johnson stated that she has heard that the basis for these bills is to assist in the affordable housing issue. She requested that the City's correspondence to the Legislators also be provided to the League of Minnesota Cities. There being no further discussion and with all members voting in favor, the motion carried. Councilmember Black provided an update on the phosphorous bill. She stated she would be attending the hearing tomorrow. 9.2) LifeTime Fitness City Manager Johnson reported on the request of LifeTime Fitness for the Council to consent to the refinancing of the facility. He stated as part of the original agreement between LifeTime Fitness and the City, LifeTime Fitness was able to do $4,000,000 in financing. He stated the financing was for five years and is now expiring. LifeTime desires to refinance back up to the 4,000,000 limit for an additional five years. He noted that $627,587 in principal had been paid during the past five years. Motion was made by Councilmember Harstad, and seconded by Councilmember Black, to authorize the Mayor and City Manager to consent to the refinancing of LifeTime Fitness as presented in the letter from LifeTime Fitness dated February 22 and the attached Amendment No. 2 to the Combination, Mortizaae, Securitv Agreement, and Fixture Financing Statement. With all members voting in favor, the motion carried. 9.3) County Road 101 Homes Councilmember Stein requested an update on the City -owned County Road 101 homes. Adopted Council Minutes I Regular Meeting of February 26, 2002 Page 19 of 19 City Manager Johnson stated the City has currently sold one property for the requested asking price. He stated the proposals that the City has received from contractors for those properties that require rehabilitation work have been very low due to the uncertain amount of risk associated with those properties. Staff is discussing those concerns with the contractors. Adiournment Motion was made by Councilmember Hewitt, and seconded by Councilmember Stein, adjourn the meeting at 11:00 p.m. With all members voting in favor, the =tion carried. Sandra R. Paulson, City Clerk