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