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HomeMy WebLinkAboutCity Council Minutes 05-14-2002Adopted Minutes Regular Council Meeting May 14, 2002 A Regular Meeting of the Plymouth City Council was called to order by Deputy Mayor Johnson at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on May 14, 2002. COUNCIL PRESENT: Deputy Mayor Johnson, Councilmembers Hewitt, Harstad, Black, Slavik, and Stein. ABSENT: Mayor Tierney STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Fire Captain Hurr, Finance Director Hahn, Community Development Director Hurlburt, Park and Recreation Director Blank, City Forester Buck, Police Chief Gerdes, Risk Management Coordinator Pemberton, Housing Manager Barnes, Property Manager Coordinator Jones, Public Works Director Faulkner, City Attorney Knutson, Senior Planner Drill, and City Clerk Paulson. Plymouth Forum j Sam Syrstad, 4160 Polaris Lane North, stated he would like to request a zoning ordinance text amendment to modify the regulation of home based businesses. He suggested that home based businesses be reviewed on a case by case basis. He currently has a small woodworking shop in his garage. He desires to construct an accessory building on his property for this business. After he explained to staff the proposed use of the business, he was informed that's not allowed. Community Development Director Hurlburt confirmed that businesses in accessory buildings in residential zoning districts are currently prohibited. However, Mr. Syrstad has been made aware of the process to request an amendment to the zoning ordinance. She believes Mr. Syrstad desires an indication from the Council this evening whether they would be willing to consider this request. The majority of the Councilmembers stated that they couldn't give him a commitment this evening, but they would be willing to review the request through the planning process. Mark Persons, 4770 Ximines Lane, stated there is a retention pond in their neighborhood that has never been cleaned. He illustrated the pond area and stated that the pond is full and doesn't have the capacity to retain water. Therefore, he requested that the City clean the pond. Mark Wollschlager, 4785 Valley Forge Lane, agreed with Mr. Persons that the City should clean the pond. Adopted Council Minutes Regular Meeting of May 14, 2002 Page 2 of 21 Public Works Director Faulkner explained the properties near Valley Forge Lane have been reviewed by staff to determine if the system is malfunctioning. It appears that the system is operating correctly; however, staff would be reviewing this further. Cleo Roos, from the Boulder Ridge Townhome Association, 10985 56th Avenue North, stated they previously addressed the Council at the May 8, 2001 Council meeting due to the high water in their creek. She has resided at this property for 12 years, and there has been water on her patio eight of those years. There is not only high water in the spring but also in July. She thanked staff and Councilmember Black for visiting with her the past few days on this issue. She requested that the obstructing culvert be removed, and staff provide a timeframe when this work would be completed. She would also like to know how the City would proceed if removal of the obstructed culvert doesn't solve the flooding problem. Dennis Coyne, 10835 57th Avenue North, referred to the initial recommendation that was made in 1995 by the City's consultant on this matter which included removing the culvert. He explained the previous Public Works Director recommended in September 2000 that the culvert be removed. Councilmember Black stated she has been monitoring this situation very closely the past week. She requested that a report be provided to the Council for the May 28 meeting. She confirmed that the culvert is blocking the flow of the creek. Steve Gardner, 10717 10th Avenue North, stated he was at The Reserve development earlier today, and he noted that the developer is in the process of removing more trees. He noted other current developments where large numbers of trees are being removed. He stated it's a tragedy that beautiful trees are being removed and being replaced with impervious surfaces. He requested that the Council try to save more of the forests. Councilmember Black reported that the Environmental Quality Committee has completed their review of the City's tree preservation Ordinance, and there is no recommendation to change the Ordinance. Vicki Stulgaitis-Cook, from the American Cancer Society, reported on the Relay for Live on June 21 at 7:00 p.m. at the Central Middle School. She stated the funds from this event are applied towards the society's programs, research, education, and patient programs. She encouraged everyone to participate. Howard Hanson, 1609 West Medicine Lake Drive, asked about the current status of Homestead Village and the mitigation of the little peninsula. Community Development Director Hurlburt reported that Candlewood Suites is taking over- Homestead verHomesteadVillage, and they are proceeding with construction. She stated that prior to tv opening of the hotel, the mitigation on the little peninsula would need to be complete' Adopted Council Minutes Regular Meeting of May 14, 2002 Page 3 of 21 Presentations and Public Information Announcements 4.01) Proclaim Arbor Day City Forester Buck reported on the Proclamation designating May 23 as Arbor Day. He stated this year's event would be held on May 23 at Zachary Lane Elementary School. The youth would be planting trees, shrubs, and flowers from 9:00 a.m. until 3:00 p.m. The event would conclude with a short program at 3:30 p.m. Approval of Agenda Councilmember Harstad requested an update on the reconstruction of County Road 101 as item No. 9.1 under Reports and Staff Recommendations. Councilmember Black requested an update on the reconstruction of County Road 61 as item No. 9.2 under Reports and Staff Recommendations. Motion was made by Councilmember Slavik, and seconded by Councilmember Black, to approve the amended a enda. With all members voting in favor, the motion carried. Consent Agenda Deputy Mayor Johnson asked if there were any additions, corrections, or deletions to be made to the Consent Agenda. Deputy Mayor Johnson requested to remove item No. 6.22 and place it under General Business as item No. 8.5. City Manager Johnson noted a minor correction to the minutes and an amended Resolution for item No. 6.27, which would reflect the savings for that item. Steve Gardner, 10717 10th Avenue North, requested that the Council remove item No. 6.10. This item was removed and placed under General Business as item No. 8.6. " Motion was made by Councilmember Slavik, and seconded by Councilmember Stein, to approve the amended Consent Agenda which included the followin items: ems: 6.01) Special Council Meeting Minutes of April 16 (as amended), April 23, April 30, Regular Council Meeting Minutes of April 23, and Board of Equalization Minutes Reconvened of April 30. 6.02) Resolution Approving Disbursements for the Period ending May 3, 2002 (Res2002-200). Adopted Council Minutes Regular Meeting of May 14, 2002 Page 4 of 21 6.03) Resolution Awarding the Contract for Insurance for the 2002/2003 Insurance Program Res2002-201). 6.04) Resolution Approving Lot Division/Consolidation and Variances for Kenneth Beck and Dorothy Lafond for Properties located at 2344 Ives Lane North and 2351 Hemlock Lane North 2001127 — Res20027202). 6.05) Resolution Approving Site Plan Amendment, Drive Aisle Setback Variance, and Fire Lane Variance for a 12,000 square foot Addition to the Existing Building at 13405 15th Avenue 2002014 — Res2002-203). 6.06) Resolution Approving a Conditional Use Permit for Craftmaster Construction to Exceed 1,000 square feet for a Third Stall Garage Addition onto the Home located at 4595 Weston Lane 2002021— Res2002-204). 6.07) Resolution Approving a Conditional Use Permit at Plymouth Plaza Shopping Center at 1455 County Road 101 (2002022 — Res2002-205). 6.08) Ordinance Amending the Text of Chapter 21 of the Plymouth City Code, Entitled the Plymouth Zoning Ordinance regarding definition of "setback" (2002023 — Ord2002-18), and a Resolution Approving Findings of Fact for Zoning Ordinance Text Amendment to amend the Definition of Setback (2002023 — Res2002-206). 6.09) Resolution Approving Lot Division and Variance for Carlson Real Estate for the approximately 42 -Acre Site located Southeast of I-494 and County Road 6 to create Separate Parcels for the Carlson Marketing Group (CMG) Building (addressed 1405 Xenium Lane) and for the Carlson Daycare Center Building (addressed 13905 County Road 6) (2002024 — Res2002-199). 6.10) (This item was placed under General Business as item No. 8.6). 6.11) Resolution Approving a Conditional Use Permit for Mike and Lori Bergeron, to allow an Attached Garage over 1,000 square feet for a New Home to be constructed at 5065 Quantico Lane (2002028 — Res2002-207). 6.12) Resolution Authorizing the Mayor and City Manager to enter into a Service Agreement with Teens Alone for 2002 (Res2002-208). 6.13) Acceptance of report summarizing the results of the March 19, 2002 Plymouth Housing Forum. 6.14) Resolution Approving a Variance to allow an Impervious Surface Coverage of 27.1 Percent to construct an Addition at 12405 29th Avenue North (2002031 — Res2002-209). Adopted Council Minutes Regular Meeting of May 14, 2002 Page 5 of 21 6.15) Resolution Approving a Variance to Side Yard Setback to allow construction of a Two - Car Attached Garage and Room Addition above for Terrance and Beth O'Connor for Property located at 14910 Gleason Lake Drive (2002036 — Res2002-210). 6.16) Resolution Approving City Buildings Cleaning Contract (Res2002-211). 6.17) Receive first four months 2002 Financial Report. 6.18) Resolution Approving Landscaping at the Hilde Performance Center (Res2002-212). 6.19) Resolution Awarding Bid for Nathan/Lancaster Street Improvements (10 14 — Res2002- 213). 6.20) Resolution Amending the Terms of Office for the Youth Advisory Council (Res2002- 214). 6.21) Resolution Appointing Youth Representatives for Various Boards and Commissions Res2002-215). 6.22) (This item was removed and placed under General Business as item No. 8.5). 6.23) Resolution Approving Skate Park Acquisition of Equipment (Res2002-216). 6.24) Resolution Receiving Preliminary Engineering Report, Order Plans and Specifications for Old Rockford Road Trail Improvements from Holly Lane to Peony Lane (2010 — Res2002-217). 6.25.1) Resolution Reducing Required Financial Guarantee for Nanterre Addition (94093 — Res2002-218). 6.25.2) Resolution Reducing Required Financial Guarantee for The Court of Nanterre (96023 — Res2002-219). 6.26) Resolution Approving 2002 Transit Vehicle Acquisition Program for Plymouth Metrolink Res2002-220). 6.27) Resolution Approving Plymouth Boulevard Median Improvement Contract (Res2002- 221). 6.28) Resolution Authorizing Staff to submit an Application for Grant to assist with the Enforcement of the Residential Energy Code (Res2002-222). 1 6.29) Resolution Awarding Contract for 2002 Street Reconstruction Project (2001 — Res2002- 223). Adopted Council Minutes Regular Meeting of May 14, 2002 Page 6 of 21 Councilmember Hewitt asked who would be receiving copies of item No. 6.13. Community Development Director Hurlburt replied it would be mailed to any resident requesting a copy. The report is also on the City's website. Councilmember Hewitt thanked staff for proceeding with the trail for item No. 6.24. Councilmember Black registered no votes for item No's. 6.04 and 6.05 due to the amount of impervious surfaces. Deputy Mayor Johnson read the proposed appointments for item No. 6.21. There being no further discussion, the motion carried to approve the Consent Agenda. Public Hearings 7.1) Continued Hearing on Establishment of Tax Increment Financing for Stone Creek Village located at the Northeast Quadrant of Highway 55 and West Medicine Lake Drive l (Dominium Development) Community Development Director Hurlburt reported this is the continued hearing on the establishment of the proposed Tax Increment Financing (TIF) district for this project. She reiterated the background information for this project that included it would be a "pay as you go" district and the other funding sources for this project. She stated the TIF would be used for a portion of the costs for the new frontage road, housing affordability, and soil corrections to the site. Deputy Mayor Johnson opened the public hearing for testimony. Erika Urban, 1541 West Medicine Lake Drive, asked if this assistance would be a separate item on her property taxes. She indicated her opposition to this project as well as the use of TIF. Roger Meyerhoff, 11825 23rd Avenue North, stated the developer should pay all of the costs for the project rather than financing a portion of the project through TIF. Terrie Christian, 9910 South Shore Drive, stated this property wouldn't be paying taxes for 13 years, but would then be on the property tax rolls after that time. She stated some of the area residents feel that by trading a high quality wetland area for this project is not a good tradeoff. She explained that she researched where in the City there are low income properties. She stated that almost half of them are located near the Medicine Lake area. Therefore, there.is a concern that this type of housing is being highly concentrated in this specific area of the City. She voiced her opposition to this project. Adopted Council Minutes Regular Meeting of May 14, 2002 Page 7 of 21 There being no one else wishing to appear before the Council to give testimony, Deputy Mayor Johnson declared the public hearing closed. Community Development Director Hurlburt stressed that the developer would be paying taxes, and those proceeds are placed into a fund that is used to pay specific costs of the project. In addition, this is not a separate item on the tax statements. She stated without the TIF assistance, this development couldn't occur. She stated 34 units out of the 130 total units would be 50% of the median income or lower. The remainder of the units would be at market rate. She stated this project does meet the standards that the State establishes for TIF. Jeff Huggett, with Dominium Development, stated the rents for this project would range from 380 (affordable units) per month to approximately $1,500 (market rate, three bedroom units) per month. Councilmember Stein asked if the developer could sell this development in the future so that all units would be at market rates. Housing Manager Barnes replied all of the other financing sources would have various restrictions as well as tax credits. The 30 affordable units would need to remain affordable for 34 years. General Business 8.1) Consideration of Actions relating to Proposed Stone Creek Village (Dominium Development -130-unit apartment complex on a 15.5 -acre site located north of Highway 55 Community Development Director Hurlburt reported on the following items that would be part of the approval for this development: 1. Approval of the Preliminary Plat. 2. Approval of the Site Plan, Conditional Use Permit, and Interim Use Permit (for reduced parking). 3. Approval of Wetland Replacement Plan. 4. Support of the applicant's applications for three environmental response fund grants. She stated the guiding of this property changed from commercial to LA -4 in the Comprehensive Plan update in 2000. This site was previously approved for a shopping center and a 12 -story apartment building. She noted that in recent years, this property has accumulated debris and fill on the upland portions of the site. She indicated that regarding the impact on the wetland, the building would be constructed on the upland portion of the site, not in the wetland. The majority of the wetland area on the site would remain intact. The exception is that approximately 5,580 square feet (less than 0.13 acres) is proposed to be filled. The 5,580 square foot area proposed to be.filled represents less than two Adopted Council Minutes Regular Meeting of May 14, 2002 Page 8 of 21 percent of the total wetland area. She stated this development is also subject to the wetland buffer regulation, which requires a natural buffer strip adjacent to the wetland. This buffer strip would protect the wetlands from erosion, to filter sediments and other nutrients before they enter the wetland, and to provide habitat for wildlife. There would be two areas of alternative buffering. She stated this development would include a two -cell ponding system located north of the building for retention and treatment of runoff. The water quality ponds would be designed to accommodate the storm water runoff under fully developed conditions. Additionally, the water quality ponds would be designed to treat and cleanse the storm water runoff prior to its discharge into the City's drainage system. The water from the water quality ponds would flow into the large wetland on the site and eventually to Medicine Lake. The ponding system would be designed to collect sediments and filter pollutants, in order to improve the quality of the runoff leaving the site. She stated this site is not. subj ect to shoreland regulations, including impervious coverage limits, as Medicine Lake is approximately 1,100 feet from this site. She stated regarding the traffic concerns, there is a West Medicine Lake Drive/Highway 55 intersection improvement that would allow for duel left turn lanes from Medicine Lake Drive onto Highway 55. Whether this development is approved or not, this intersection would still be improved due to the need to decrease the backup traffic on West Medicine Lake Drive in the mornings. She spoke of a Citywide goal, which is not a requirement, that 35% of new housing units be affordable. She stated the developer has made a good faith effort to provide as many affordable housing units as practical with this development. She stated regarding the height of the building, the Conditional Use Permit would allow the developer to exceed the 35 foot height requirement if there is additional setback. She stated there would be a pitched roof with an average height of 44 feet. She stated the proposed Wetland Replacement Plan would be consistent with the plat and site plan. In addition, the applicant is providing greater than the required 2:1 mitigation on the site. In conclusion, she discussed the three environmental response fund grants that would provide assistance in removing the hazardous waste on the site. Councilmember Harstad asked what the differences are between high quality and exceptional high quality wetlands. Community Development Director Hurlburt discussed the inventory and classification system for the wetlands that staff prepared. She stated staff created a rating system for how the wetlands were scored. She stated the lowest quality wetlands are those bodies that are degraded by human activity. The exceptional wetlands would have no impact by human activities, and there are opportunities for wildlife habitat. Adopted Council Minutes Regular Meeting of May 14, 2002 Page 9 of 21 Councilmember Black asked why there are bad soils on the site as well as the need for 75 -foot pilings. Brian Lubben, architect for Walsh Bishop Associates, stated there are expansive soils, and they aren't sufficient to support a building. He stated in order to build any type of structure on this site, it would require pilings. He stated the drives and parking areas are surcharged with a load of earth, and then those soils are compacted. He stated the installation of utilities also require pilings. He stated the pilings would vary from 40 feet to 75 feet. He added that the soils on the site are accumulated wastes that have filtered there the past 100 years. Councilmember Black asked if there would be maintenance agreements for the proposed rain gardens as they also filter sediments. Public Works Director Faulkner replied the City would be requiring easements over that area, but over time there could be accumulation of sediments. This item would be reviewed more closely in the future. Community Development Director Hurlburt added that there are only a few recent developments that have incorporated rain gardens so staff is still reviewing and learning about them. Councilmember Harstad asked if pilings are unique. Community Development Director Hurlburt replied there are many sites in the City that have bad soils where pilings were necessary. Mr. Lubben added pilings are very common for commercial developments. He stated a separate contractor would be performing this work, and approximately 30 pilings could be completed in a day. This activity would be subject to the City's noise ordinance. Deputy Mayor Johnson asked if there has been ample testing of the site for contamination. Community Development Director Hurlburt replied the developer has tested this site, and they have a good knowledge of the soils and contamination on this site. Councilmember Black stated regarding the interim use permit for reduced parking, the applicant would construct two spaces per unit, which they indicate would be sufficient to serve the parking needs for this development. Additionally, the applicant has provided a plan indicating areas where 32 parking spaces could be added in the future in order to increase the parking ratio to 2.25 parking spaces per unit. By reducing the parking at this time, it would assist in limiting the amount of impervious surface coverage on the site. Councilmember Stein requested staff explain the fire lane Variance that is requested. Community Development Director Hurlburt stated the fire lane would be reduced but there would be firewalls in the structure as well as a sprinkler system for the building. She stated sprinkler systems are highly supported by the Fire Department. Councilmember Black mentioned that there would need to be a few minor changes to the landscaping plan before a Building Permit would be issued. Community Development Director Hurlburt stated that is correct, and this is fairly common. Adopted Council Minutes Regular Meeting of May 14, 2002 Page 10 of 21 Deputy Mayor Johnson noted that the Council received correspondence from Jim and Carole Krueger, 11805 26th Avenue. North and Gary L. Smith, 1665 Evergreen Lane North, who are opposed to this development. Robert Lee, 1105 West Medicine Lake Drive, stated he is very concerned about the traffic in this area. Over the past two weeks he has reviewed the traffic flows, and there were three occasions in the morning where the traffic was backed up to 12th Avenue. He stated there could be the potential for 66 additional vehicles from this development at peak times. He stated even with the improvement of the frontage road, the majority of the residents would be making a left hand turn onto Highway 55. In addition, it appears that the pedestrian lanes in the area would only be two feet wide. He stated with lower income residents residing at this development, there could be additional drippage of oil and other fluids from their vehicles which would eventually flow into the ponds. He asked why the City is so adamant in developing this site. He would also be willing to clean the debris located on this site if it isn't developed. Fred Kickertz, 2205 West Medicine lake Drive, agreed with Mr. Lee on the traffic concerns. His other concern is the use of the property if it couldn't be developed. He would also volunteer to assist in removing the debris from the site if it isn't developed. Kristin Spencer, 1715 Evergreen Lane North, also spoke of the traffic concerns at the intersection of Highway 55 and West Medicine Lake Drive. These concerns include the timing of the traffic signal, how residents from the proposed development would enter Medicine Lake Drive, and the backup of traffic during peak hours. She stated the frontage road between South Shore Drive and West Medicine Lake Drive wouldn't be able to handle the traffic overflow. She is also concerned about the aesthetics and the density of this development. She requested the Council to consider the livability concerns of adjacent residents. Steve Gardner, 10717 10th Avenue North, spoke of the surface water management fee that the City collects to fund cleaning of the lakes. He stated this site would be a perfect location for a pond to assist in cleaning Medicine Lake. He stated none of the adjacent commercial areas have a treatment pond, so this area could be used for that purpose. He suggested this type of development be located on the south side of Highway 55 when County Road 73 is realigned. He stated with that project, a number of homes would need to be removed. Lastly, he stated approximately 80% of the trees would need to be removed from this site in order to develop it. Howard Hanson, 1609 West Medicine Lake Drive, voiced his displeasure with this proposed project. He suggested that the City revisit the original plan for this site, which was smaller. He questioned why this property should be developed when the City is trying to improve Medicine Lake. He stated the plans for the structure are too big, and the Council shouldn't allow a 25 -foot setback anywhere. He asked why the City has to provide TIF due to the bad soils on the i property. Why does the City have to provide TIF because there are bad soils on the property? He acknowledged that the property is disturbed, but would it be better to adding this development and its impervious surface area. He stated the new traffic plan is adding Adopted Council Minutes Regular Meeting of May 14, 2002 Page 11 of 21 impervious surface, traffic lanes, as well as decreasing the amount of trees. He stated there would be additional traffic to an already congested intersection. He commented that this building wouldn't be a good fit for the neighborhood, and it's not improving the area. He stated the only residents who support this development are people who don't reside in this area. He requested the Council to protect the nature of this neighborhood and the quality of Medicine Lake. Erika Urban, 1541 West Medicine Lake Drive, complimented the Council on the initiatives they have taken to protect the environment, but she stated this proposed development differs with those goals. She asked why the property owner hasn't cleaned up this site. She stated this property isn't well suited for this development, and the taxpayers shouldn't have to carry the burden for the TIF. She agreed with Mr. Hanson that the only residents who support this development are affordable housing advocates. Keith Pizzala, 2700 Pineview Lane, asked what would occur if the apartments located north of this subject property are demolished, and a new building is constructed. He stated the police department would need to patrol this area constantly for vehicle vandalism, as this type of vandalism is very common with apartment complexes. He voiced his concern that there would be no fire truck access to the rear of the building. Roger Meyerhoff, 11825 23`d Avenue North, asked who would be paying the cost of the new frontage road. He also has experienced frustration with the traffic congestion at the West Medicine Lake Drive and Highway 55 intersection. He requested there be more enforcement with the traffic. He understands that the City has no control on the timing of the traffic signal. He stated this should've never been purchased if there were so many problems with the soils. Terrie Christian, 9910 South Shore Drive, illustrated Medicine Lake area maps. She noted the industrial area that was constructed very close to the lake. She stated almost every area around the lake has been developed. She stated the City should be concerned how fast the runoff enters Medicine Lake. She asked if this property is so porous in the upland, is rain even able to drain into the soil before it empties into Medicine Lake. , Mark Holtan, representing Sunrise Bay East Condominium Association, 1304 West Medicine Lake Drive, stated he is puzzled about the zoning change. He asked what is the difference between a 130 -unit apartment complex and a 12 -story apartment building as they are both similar uses as well as multi -family residential properties that are a revenue source. He agreed that the design of the building is nice. However, 40% of the trees on site would need to be removed, the height of the building is very steep, lights on the building would shine on adjacent properties, and the required fire lane area would be reduced. He stated the driving of the pilings are going to be very annoying for the adjacent residents. He also questions whether a building with firewalls and sprinkler system would be adequate. Adopted Council Minutes Regular Meeting of May 14, 2002 Page 12 of 21 Pat Murray, 504 Kingsview Lane, representing Plymouth Affordable Housing Coalition, voiced support for this project. He stated he resides near Parker's Lake and how that area is highly populated but the quality of the lake has improved. Pat Alagna, 1529 West Medicine Lake Drive, discussed her concerns that included the effect of this development on Medicine Lake and the high quality wetlands, the land not being sufficient to develop and the driving of pilings, the traffic congestion at the West Medicine Lake Drive and Highway 55 intersection, no park for the children to play, mosquito control due to standing water, only one access to this site, the increased density in the neighborhood, and the reduced fire lane. She stated there should be alternative sites for this type of development where there wouldn't be extraordinary measures. Jon Eklin, representing AMLAC,-10320 27h Avenue North, stated there is an issue with the noise generated from Highway 55, and he asked what measures the applicant has taken to address that problem. He stated the property located north of the subject property already has water within one foot of their doorstep from heavy rains, and what would occur if this development were approved? He questions whether the alternative buffers would be adequate. He stated it appears that the City has been working in conjunction with the applicant since the j property was rezoned in July 2001, and the applicant submitted their planning application in August 2001. He requested that if this development were approved, the City would hold the applicant to the highest standard of building so there aren't any problems in the future. The Council took a break from 9:50 p.m. until 10:00 p.m. Deputy Mayor Johnson stated the City doesn't own the subject property, and the Council is responding to a development application. She stressed that the City's position is neutral. Therefore, the City is applying all zoning ordinances and regulations to this development and is not promoting this development. She noted that the traffic congestion is a concern for both the residents and the City. She stated this is one reason why the property was reguided, as the Council didn't feel a commercial guiding for this property was feasible. Councilmember Black stated this property was also inventoried and reviewed for open space acquisition but was not one of the four properties selected for the open space acquisition referendum. Community Development Director Hurlburt discussed the traffic concerns. She stated that staff has estimated that there would be 862 average daily trips generated by this property. By utilizing engineering data, staff can estimate when those trips would be spread over the day. Staff predicts that there would be 66 trips from this property during the morning peak hours, and staff Adopted Council Minutes Regular Meeting of May 14, 2002 Page 13 of 21 is very comfortable with those numbers, especially with the improvements to the intersection whether this development occurs or not. She stated the City would pay the cost for the turn lanes on West Medicine Lake Drive. The cost for the portion of the frontage road on this site would be borne by the applicant. Public Works Director Faulkner illustrated the proposed improvements to the intersection, which included the dual left turn lanes onto Highway 55, as well as a future right turn lane. He stated with these improvements, traffic should clear on every cycle of the signal. He stated an approximate total of 20 vehicles could make aleft hand turn. He noted that MN/DOT's primary goal is to keep the traffic moving on Highway 55, but staff would contact them to allow a longer signal off West Medicine Lake Drive. Councilmember Harstad also noted that residents of this development would also have the option of taking a left out of the development onto the frontage road. Public Works Director Faulkner agreed and noted that there are some boulders on private property on this frontage road that possibly could be removed in order to improve site distance. Deputy Mayor Johnson asked if there could be increased enforcement for traffic violations in this area. Police Chief Gerdes stated this issue is very similar in other parts of the City, and the department rotates this issue on a continual basis. He stated that regarding the leakage of fuels from vehicles from this site, this type of problem exists anywhere in the community. He also stated that whenever there is a larger congregation of vehicles, there is a tendency to experience those problems. However, one advantage is there is more activity and people monitoring the situation as it relates to vandalism. Deputy Mayor Johnson asked how the construction traffic would impact the area. Mr. Lubben replied that there would be a substantial staging area in the center and southwest corner of the site. Therefore, all construction vehicles would remain on site. Councilmember Hewitt asked when the bottom portion of the frontage road would be completed. Public Works Director Faulkner replied the "ultimate" improvement is in the Capital Improvements Program for 2006. Community Development Director Hurlburt added if there would be a redevelopment or change in the adjacent property, that improvement could occur sooner. Community Development Director Hurlburt addressed the comment regarding only one access to the site. She stated staff is not concerned about this, and the access is designed to allow for easy access in and out of the property. There are other similar developments in the City that utilize the same type of access. Community Development Director Hurlburt stated regarding the fire lane Variance, the building would be constructed with firewalls and sprinkler system. She stated this type of construction is far more superior to an older building without a sprinkler system. She also added that the Fire Inspector has noted a number of items in his staff report, which need to be incorporated. Adopted Council Minutes Regular Meeting of May 14, 2002 Page 14 of 21 Fire Captain Hurr spoke very highly of those buildings where there are firewalls and sprinkler systems. She stated from a practical standpoint, by having a sprinkler system, it removes the aspect of having someone alert the fire department. The department believes that a sprinkler system is far superior to human detection. Mr. Lubben also spoke of the fire cells in the building that would contain fires in certain sections of the building. Community Development Director Hurlburt discussed the impervious surface runoff, ponding, and water quality of the site. She reiterated that there is no regulation on the amount of impervious surface area on the site. Public Works Director Faulkner added that with the increased impervious surface, there would be additional runoff, but that the retention ponds would treat runoff. He explained the ponds would be metered, and there would be a skimmer on the outlet control structure so the pollutants would remain in the ponds. Councilmember Black stated after this development, there would be a larger high quality wetland than what currently exists on the site. This would assist in buffering the mitigation on Medicine Lake. She stated there would be a two -cell treatment process. She acknowledged that there could be a traffic issue that the City would need to address. Community Development Director Hurlburt stated the footprint for the original smaller plan wasn't any smaller. She stated there is a lesser impact on the wetlands with a taller building. Deputy Mayor Johnson asked what could occur if the apartments north of the subject property were redeveloped. Community Development Director Hurlburt replied it depends on what the property is zoned, and redevelopment would need to comply with the new standards. Deputy Mayor Johnson asked about a play area for children and mosquito control for the wetland. Community Development Director Hurlburt stated there would be a small play area on the site for children, and there would also be a standard eight -foot trail on West Medicine Lake. She stated regarding mosquito control, this area would be similar to other wetlands located throughout the community. Councilmember Black stated in order for the rain gardens to be effective on the property, they need to be maintained. Community Development Director Hurlburt clarified that the Council adopted the updated Comprehensive Plan in August 2000, which included the reguiding of this property from commercial to LA -4. The rezoning of this property was in July 2001 as part of a number of rezonings throughout the community. Community Development Director Hurlburt spoke of the requirements of the tree ordinance, and the goal of the ordinance which is to encourage preservation of significant trees. She stated that Adopted Council Minutes Regular Meeting of May 14, 2002 Page 15 of 21 the applicant wouldn't need to pay restitution as they are maintaining the required number of trees on site. Deputy Mayor Johnson asked who is responsible for removing the debris on the subject property. Community Development Director Hurlburt stated the property owner is responsible for cleaning the debris. The applicant, Dominium Development, is under contract. Deputy Mayor Johnson asked why this property wasn't considered for ponding in the area. Public Works Director Faulkner replied this property hasn't been reviewed in detail, and it is unknown whether the surface drainage from adjacent properties would drain to this site. He stated grading would need to be performed on those properties which might not be feasible. Deputy Mayor Johnson asked how the applicant is held to high standards for the development of this site. Community Development Director Hurlburt replied there are specific conditions contained in the resolutions, and there would be very detailed code and site reviews. In addition, the financial guarantees wouldn't be removed until all requirements are completed. She stated as for any apartment development, there would be an annual inspection and license. 1 Deputy Mayor Johnson asked how the applicant would address the impact from the noise on Highway 55. Mr. Lubben replied there would be additional insulation and other measures for those units on the south side of the building: Community Development Director Hurlburt and Senior Planner Drill illustrated and explained how the impervious surface area was calculated as well as the average height of the building. Councilmember Black stated there might be a modification in the bus route which would assist in improving the congestion at the intersection of Highway 55 and West Medicine Lake Drive. Motion was made by Councilmember Black, and seconded by Councilmember Harstad, to adopt a Resolution Approving a Preliminary Plat for Dominium Development and Acquisition LLC, for Property located north of Highway 55 and east of West Medicine Lake Drive (2001073 - 224), and a Resolution Approving a Site Plan, Conditional Use Permit, and Interim Use Permit for Dominium Development and Acquisition LLC, for Property located north of Highway 55 and east of West Medicine Lake Drive (2001073 — Res2002-225. Councilmember Hewitt requested that staff review the intersection of Highway 55 and West Medicine Lake Drive to determine if there are measures that could resolve some of the traffic concerns. Deputy Mayor Johnson agreed with Councilmember Hewitt and requested that the City request MN/DOT to change the timing of the signal. Councilmember Stein stated he would support the motion, as the developer has met all the requirements. He, too, requested that staff address the traffic congestion. Adopted Council Minutes Regular Meeting of May 14, 2002 Page 16 of 21 Councilmember Slavik stated she would also support the motion as the legally, the applicant has met all the City requirements. With all members voting in favor, the motion carried. Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to adopt a Resolution Approving Wetland Mitigation and Replacement Plan for Stone Creek Village Apartments (2001073 — Res2002-226). With all members voting in favor, the motion carried. Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to adopt a Resolution Establishing Tax Increment Financing District No. 7-7, and Approving and Adopting the Tax Increment Financing Plan Related Thereto (Res2002-227). With all members voting in favor, the motion carried. Motion was made by Councilmember Black. and seconded by Councilmember Hewitt, to adopt a Resolution Supporting Dominium Development's Application for Environmental Response Fund Grant (Res2002-228), Resolution Authorizingthehe City of Plymouth to be the Legal Sponsor for the Contamination Cleanup Grant Program (Res2002-229), and a Resolution Authorizing Application for the Tax Base Revitalization Account for Stone Creek Village (Res2002-230). With all members voting in favor, the motion carried. 8.2) Consideration of Lot Division and Variance to allow an Additional Single Family Lot at 12307 Sunset Trail (West Hennepin Community Builders — 2002016) Community Development Director Hurlburt reported on the request of West Hennepin Community Builders for a lot division to divide 12307 Sunset Trail into two single-family home sites. The applicant is also requesting a Variance to allow one of the parcels to have a lot width of less than 110 feet at the front yard setback line. Marcos Warner, with West Hennepin Community Builders, stated that condition No. 3 of the resolution states that prior to recording the lot division with Hennepin County, the outbuilding on the southwest portion of the site would be removed. He requested that this be changed to "prior to the issuance of the Building Permit." He stated regarding condition No. 12 of the Resolution, the shared portion of the driveway be located on the east side of the existing coniferous tree line on the site. He requested this be amended so the driveway could be set into the lot, closer to the center. Tom Goodrich, 12311 Sunset Trail, stated he is the property owner to the west of this lot, and it was his understanding that the recommendation from the Planning Commission was that the driveway would be located on the east side of the existing tree line on the site. Therefore, there should be no discussion on this. He stated these homes would be classified as affordable, and what are the conditions or recommendations for being affordable. Adopted Council Minutes Regular Meeting of May 14, 2002 Page 17 of 21 Eunice Goodrich, 12311 Sunset Trail, stated they understand the property owner has a legal right to construct two homes. However, because of the easement and driveway situation, do they also not have rights? She stated these lots were developed many years ago, but never with the intention that they were to be divided. She requested the Council to consider the integrity of the neighborhood. Deputy Mayor Johnson asked what the definition is of a tree line. Community Development Director Hurlburt replied it would be the drip line of the trees. Deputy Mayor Johnson asked if there are any affordability requirements. Community Development Director Hurlburt replied no. Renae Kroeten, daughter of the landowner, explained she desires that an affordable house be constructed on this lot. She stated it's her mother's intention for this to occur so she would be able to move back to the area, and her children could attend the Wayzata School District. She stated she is a single parent who is having difficulty in locating affordable housing in the Wayzata School District area. Councilmember Harstad commented that this property has remained vacant for 10 years. Ms. Kroeten stated due to her mother's health, she has been unable to live in her home. She spoke of the previous fire to the home and her mother's inability to address matters. Councilmember Stein stated he doesn't support the approval of this Variance as it isn't a good fit for the neighborhood, and he doesn't feel there is a hardship. He stated granting this Variance would be very detrimental to the adjacent neighbor. Motion was made by Councilmember Harstad, and seconded by Councilmember Black, to adopt a Resolution Approving Lot Division and Variance for West Hennepin Community Builders for Property located at 12307 Sunset Trail (2002016 — Res2002-231). Deputy Mayor Johnson requested that a friendly amendment be made to the motion to amend Condition No. 4 of the Resolution to state, "Prior to the issuance of Building Permits with the City of Plymouth, the outbuilding located in the southwest portion of the site shall be removed." Councilmembers Harstad and Black accepted this amendment. Councilmember Hewitt stated she understands the Goodrich's concerns as well as the applicants' issues as the subject property is a large lot. Deputy Mayor Johnson stated she is concerned with Condition No. 5 of the resolution that speaks to the permanent access and maintenance of the shared portion of the driveway. There being no further discussion and with all members voting in favor but Stein and Johnson, the motion carried. Adopted Council Minutes Regular Meeting of May 14, 2002 Page 18 of 21 8.3) Consideration of Zoning Ordinance Text Amendment to allow Wind Energy Conversion Systems as an allowable Use in the P -I Zoning District (Wayzata Public Schools 2002020) Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to adopt an Ordinance Amending the Text of Chapter 21 of the Plymouth City Code, (2002020 — Ord2002-19), and a Resolution ApprovingFgs of Fact to allow Wind Energy Conversion Systems as an allowable Use in the P -I and FRD Zoning Districts (2002020 — Res2002-232). Councilmember Black stated she has studied this issue, and it's a very good concept. Deputy Mayor Johnson and Councilmember Hewitt echoed those comments, and they complimented staff as well as the Wayzata School District for all their work on this item. Community Development Director Hurlburt stated the rezoning would make this type of system an allowable use, but the Wayzata School District would still need to apply for a Conditional Use Permit to construct the system on their property. There being no further discussion, and with all members voting in favor, the motion carried. 8.4) Consideration of Actions relating to Homes on County Road 101 (9005) Public Works Director Faulkner reported on the following recommendations for City owned property on County Road 101: 1. Sell 17915 30th Place to Interfaith Outreach and Community Partners at their offer of 179,900. 2. Sell 17825 County Road 24 "as is" with new furnace installed and list with Bedrock Real Estate Inc. 3. Make repairs in the amount of $15,750 for 3225 County Road 101 and market with Bedrock Real Estate Inc. He stated regarding 3225 County Road 101, staff has discussed relocating this home on the lot by rotating it 180 degrees and moving it to the west approximately 75 feet onto a new foundation. The cost of moving the home is estimated to be $74,000, which wouldn't include the other recommended improvements to the home totaling $15,570. Councilmember Harstad stated regarding 3225 County Road 101, the home is out of character with the other homes based on the positioning of the road. He stated the foundation is substandard, and he feels the City has an obligation to fix this situation. He questioned the estimate of $30,000 for improvements to the plumbing, electrical, and sewer and water hookups. Adopted Council Minutes Regular Meeting of May 14, 2002 Page 19 of 21 Councilmember Hewitt asked if all the code items for 17825 County Road 24 would need to be corrected before the home would be occupied. Public Works Director Faulkner replied yes. Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to adopt a Resolution ApprovingSellingelling_Options on Three City -Owned Properties Associated with the County Road 101 Improvement Project and Authorize the Mayor and City Manager to Sign the Purchase Agreement with Interfaith Outreach and Community Partners for the Property at 17915 Motion was made by Councilmember Stein, and seconded by Councilmember Black, to amend the main motion to sell 3225 County Road 101 "as is" with full disclosure. Councilmember Hewitt stated that she supports staff's recommendations so there would be no repercussion from purchasers of the properties. Councilmember Slavik voiced her support for the amendment. She would also support seeking County involvement in sharing the costs of the repairs. j There being no further discussion and with all members voting against the motion but Slavik and Stein, the motion failed. Motion was made by Councilmember Harstad to reconfigure the home on 3225 County Road 101, place on a new foundation, and solve the code issues. This motion failed for lack of a second. The Council voted on the main motion, and with all members voting in favor but Harstad, the motion carried. 8.5) Approval of Final Plat and Development Contract for "The Fields of Nanterre" located North of Schmidt Lake Road and West of Vicksburg Lane North (Ryland Homes — 2001148-F) John M. Giblon, representing John Benson 5217 Vicksburg Lane, explained Mr. Benson owns 18.5 acres north of this proposed development. Mr. Benson has concerns about excessive drainage from the subject property to his site. 'His other concern is that this Final Plat could affect his ability to develop the west portion of his property. Community Development Director Hurlburt illustrated Mr. Benson's property and stated that that portion of his site is more upland, and there could be the potential to develop that site. However, staff didn't determine that there was any public purpose in extending the cul-de-sac j street in the proposed development northerly to Mr. Benson's property. Mr. Giblon stated there is some developable property on the west side of Mr. Benson's property no matter what occurs on the east side of his property. Adopted Council Minutes Regular Meeting of May 14, 2002 Page 20 of 21 Deputy Mayor Johnson noted that the Mr. Benson would also need to contend with the required setback from the railroad in order to develop that section of his property. Mr. Giblon stated that if access were provided to Mr. Benson's property, there could be more options to develop his property. Chris Enger, representing Ryland Homes, stated Mr. Benson's concern come very late in the planning process. He stated in order to extend the road from their development northerly to Mr. Benson's property, they would lose four units in their development. In addition, he believes that Mr. Benson would also lose buildable area on his property by extending this road. Councilmember Stein asked if there is a requirement for a developer to provide access to land locked property. Community Development Director Hurlburt replied at this time, the Council has already approved the Preliminary Plat. City Attorney Knutson added that the planning decisions are made at the Preliminary Plat stage, and the Final Plat stage is to make sure that all the conditions of the Preliminary Plat have been satisfied. Community Development Director Hurlburt stated that Mr. Benson was notified of the development application as well as the Planning Commission's public hearing and the City Council's date of review of the Preliminary Plat. Motion was made by Deputy Mayor Johnson, and seconded by Councilmember Hewitt, to adopt a Resolution Approving a Final Plat for Ryland Homes, Inc. for Phases I and II of "The Fields of Nanterre" located north of Schmidt Lake Road and west of Vicksburg Lane North (2001148F — Res2002-234) and a Resolution Adopting Assessments for Sanitary Sewer and Watermain Area for the "Fields of Nanterre" 0 03 5 — Res2002-235). With all members voting in favor, the motion carried. 8.6) Approval of Preliminary Plat of "Killian Addition," located South of 6th Avenue North and West of Pineview Lane North (Coldwell Banker Burnet - 2002027) Steve Gardner, 10717 10th Avenue, reported that approximately 122 trees are being removed with this project. He requested that the City determine some way to require the developer to lay black dirt on the site before laying the sod. Motion was made by Councilmember Hewittand seconded by Councilmember Black, to adopt a Resolution An -Droving Preliminary Plat for Coldwell Banker Burnet for "Killian Addition" for Res2002-236). With all members voting in favor, the motion carried. J Reports and Staff Recommendations 9.1) Progress of County Road 101 Adopted Council Minutes l Regular Meeting of May 14, 2002 Page 21 of 21 Public Works Director stated the contractor would be completing the work on the south end of this project. He stated from June 10 to approximately July 11 they would be closing the roadway from County Road 24 to Medina Road. The remainder of the project from Medina Road to Highway 55 should be completed by September 1. 9.2) Progress of County Road 61 Public Works Director Faulkner provided a brief report on this project. Adjournment Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to adjourn the meeting at 12:50 a.m. With all members voting in favor, the motion carried. t g andra R. Paulson, City Clerk