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HomeMy WebLinkAboutCity Council Minutes 06-12-2001Adopted Minutes Regular Council Meeting June 12, 2001 A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:04 p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on June 12, 2001. COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Slavik, Johnson, Stein, Black, and Harstad. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Police Chief Gerdes, Fire Chief Kline, Park and Recreation Director Blank, Finance Director Hahn, Financial Analyst Kohn, Community Development Director Hurlburt, Acting Director of Public Works Faulkner, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum Tov A. Rezabek, 17420 49"' Avenue North, President of Conor Meadows Homeowners Association, stated the Planning Commission has recently approved the proposed Town and Country Development. He requested the Council to expedite the process for a stop light at the intersection of Peony Lane and Schmidt Lake Road. Councilmember Johnson stated that she would provide a brief report regarding this under Report and Recommendations. Presentations and Public Information Announcements 4.1) Presentation on Music in Plymouth and 5K Fun Run Barbara Willis, President of the Plymouth Civic League, reported on this year's annual Music in Plymouth that would be held on July 5 at 5:15 p.m. She stated there would the annual fireworks display as well as performances by the Minnesota Orchestra, Kit `N' Caboodle, the White Sidewalls, and the Plymouth Community Band. She noted that they would also be breaking ground for the permanent stage at this site. Kris St. Martin, Treasurer for the Plymouth Civic League, thanked the City for their monetary contribution as well as assistance from staff. He explained this event costs approximately 70,000 which is funded by corporate sponsorships (50%) and the City's contribution (35%). The remainder of the funding comes from the event itself and encouraging residents to purchase Adopted City Council Minutes Regular Meeting of June 12, 2001 Page 2 of 22 family memberships. He noted that Lunds would be the major corporate sponsor for this year's fireworks. Melanie Willis, member of the Plymouth Civic League, encouraged residents to participate in the 5K Fun Run/Walk on June 23. She stated residents could pre -register for this event at City offices, Lunds, and on -Lae. Mayor Tierney thanked the Plymouth Civic League for organizing this event. Approval of Agenda Councilmember Johnson requested to add discussion of a stop light at the intersection of Peony Lane and Schmidt Lake Road as item No. 9.1 under Reports and Recommendations. Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to members voting in favor, the motion carried. Consent Agenda Councilmember Slavik requested to remove item No. 6.12 and place it under General Business as item No. 8.6. Councilmember Black requested to remove item No. 6.7 and place it under General Business as item No. 8.7. was made by Councilmember Slavik, and seconded by Councilmember Black, to approve the amended Consent Agenda which included the following items: 6.01) Minutes from Regular Council Meeting of May 22. 6.02) Resolution Approving Disbursements for the Period Ending June 1, 2001 (Res2001-217). 6.03.1) Resolution Amending the 2001 Pay and Compensation Plan for the position of HRA Supervisor(Res2001-218). 6.03.2) Resolution Approving Change to the Allocation of Positions in the Recreation Division Res2001-219). Adopted City Council Minutes Regular Meeting of June 12, 2001 Page 3 of 22 6.04) Resolution Approving Purchase of Enterprise Data Storage System from EMC Corporation (Res2001-220). 6.05) Resolution Adopting the Joint and Cooperative Agreement for use of Law Enforcement Personnel and Equipment of July 1, 2001 from the Hennepin County Chief s of Police Association Mutual Aid Pact (Res2001-221). 6.06) Resolution Authorizing the Implementation of an Automatic Mutual Aid Response Agreement for Fire Incidents between Plymouth Fire Department and the West Metro Fire District (Res2001-222). 6.07) (This item was moved to General Business as item No. 8.7). 6.08) Resolution Approving Plans and Specification and Ordering Advertisement for Bids for City Center Area Street Lighting (9020 — Res2001-223). 6.09) Resolution Approving PUD Amendment for the Hartford Group, Inc. to Increase the Building Size from 36,300 Square Feet to 42,50 Square Feet and Increase Parking Spaces from 98 to 105 Spaces and Approve a Fire Lane Variance for the Plymouth Continuing Care Community in the Plymouth Marketplace PUD, located at the Northwest Quadrant of Vicksburg Lane and Highway 55 (2001024 — Res2001-224), an Ordinance Amending Chapter 21 of the City Code to Amend Section 21655.26 for the Plymouth Marketplace PUD, located at the Northwest Quadrant of Vicksburg Lane and Highway 55 (2001024 — Ord2001-15), and a Resolution Approving Findings of Fact for Amending the Zoning Ordinance Text for the Plymouth Marketplace PUD, located at the Northwest Quadrant of Vicksburg Lane and Highway 55 (2001024 — Res2001-225). 6.10) Resolution Relating to a Project on behalf of Plymouth Senior Housing, LLC and its Financing under Section 145 of the Internal Revenue Code of 1986, as amended, and Chapter 462C, Minnesota Statutes; Calling for a Public Hearing on the Financing and a Related Housing Program (Res2001-226). 6.11) Resolution Approving Conditional Use Permit for Norcostco for Property located at 815 Highway 169 North (2001030 — Res2001-227). 6.12) (This item was moved to General Business as item No. 8.6). 6.13) Resolution Approving a Conditional Use Permit for Pizza Grill for a Family -Style Restaurant at Oakwood Square Shopping Center, 1400 County Road 101 (2001038 — Res2001- 228). Adopted City Council Minutes Regular Meeting of June 12, 2001 Page 4 of 22 6.14) Ordinance Amending the Text of Chapter 21 of the Plymouth City Code, Entitled the Plymouth Zoning Ordinance (2001048 — Ord2001-16), and a Resolution Approving Findings of Fact for Amending the Text of the City Code, Entitled the Plymouth Zoning Ordinance (2001048 Res2001-229). 6.15) Resolution Approving the Disbursement of Funds from the Shenandoah Townhomes Housing Improvement Area Bond Construction and Administrative Accounts (Res2001-230). 6.16) Resolution Approving Plymouth Housing and Redevelopment Authority (HRA) Action to Terminate Contract with Walker Management, Inc. (Res2001-231). 6.17) Resolution Finding No Objection to Lawful Gambling Exemption for Plymouth Civic League(Res2001-232). 6.18) Resolution Declaring Intent Not to Exercise Local Transit Tax Levy Option for Taxes Res2001-233). 6.19) Resolution Approving Change Order No. 1 for the Maintenance Facility Expansion Project (8018 — Res2001-234). 6.20) Resolution Approving Revision of Special Assessment for 1999 Street Reconstruction 9001 — Res2001-23 5). 6.21.1) Resolution Reducing Required Financial Guarantee for Walnut Grove Addition (94100 Res2001-236). 6.21.2) Resolution Reducing Required Financial Guarantee for Mission View Addition (94158 Res2001-237). 6.21.3) Resolution Reducing Required Financial Guarantee for Fernbrook Woods 4 1 Addition 98093 — Res2001-238). 6.22) Resolution Approving Change Order No. 1, Emergency Vehicle Preemption (EVP) Improvement Project (8015—Res2001-239). 6.23) Resolution Authorizing the Mayor and City Manager to enter into Service Agreements with Interfaith Outreach and Community Partners and Conect Collaborative for 2001 (Res2001- 240). 6.24) Resolution Approving Garbage Hauler License for Aatlas Waste Services, LLC Res2001-241). Adopted City Council Minutes Regular Meeting of June 12, 2001 Page 5 of 22 6.25) Resolution Approving Purchase of One Replacement Sidewalk Machine with Attachments (Res2001-242). Motion carried to approve the Consent Agenda. Public Hearings 7.1) Alcohol Compliance Check Violation for Asian Mill, Inc. d/b/a Tea House, 88 Nathan Lane (second violation) Police Chief Gerdes reported that the Police Department conducts alcohol compliance checks at license establishments. In all cases of violations, the clerk who made the sale is charged with the violation of illegal sale to a minor and is required to appear in court. He stated the incident at the Tea House occurred on June 12, and this is the second violation for this establishment. He noted that this establishment did not enroll in the City's Best Practices Program. Section 1206.22, Subd. B, of the City code states that a presumptive penalty of $1,000 and a 10 -day license suspension should be imposed for those establishments that have on -sale wine and beer and who are not part of the Best Practices Program. However, the Council has the authority to issue a 2,000 fine and up to a 60 -day suspension. Mayor Tierney opened the public hearing for testimony. Police Chief Gerdes reiterated that this establishment holds an on -sale wine and beer license. The first offense occurred on July 20, 1999, the administrative hearing was conducted, and the licensee agreed to a presumptive penalty of a $500 fine and five-day license suspension which was served. The second offense occurred on December 29, 2000 when an employee of the establishment sold alcohol to a minor. He read portions of the incident report as to what occurred. He stated based on this information, he recommended the Council apply the presumptive penalty of $1,000 fine and 10 -day license suspension. Yolanda Wang, 88 Nathan Lane, manager of the restaurant, admitted that her employee sold alcohol to a minor. She explained after this occurred, she questioned the employee and why he didn't check for identification. The employee stated that in his opinion, the minor looked older than21. She reminded the employee that he needs to check identification every time even if the customer appears to look older than 21. She stated she has posted signage on tables both in English and Chinese that the establishment would be checking identifications. She stated she was very sorry that this incident occurred. Adopted City Council Minutes Regular Meeting of June 12, 2001 Page 6 of 22 Councilmember Johnson asked Ms. Wang what type of training she provides to her employees other than posting signage in the establishment. Ms. Wang replied she conducts meetings with new employees, and she stresses the importance of checking identifications for all customers. Councihmember Johnson asked Ms. Wang if she is aware of the Best Practices Program, and if they have received information on this program. Ms. Wang replied yes. She has been trying to schedule training with the Police Department for her employees. Mayor Tierney discussed the importance of businesses participating in the Best Practices Program. She stated the endeavor is for the Police Department to work with the licensees in assisting with employee training. Ms. Wang stated she would like to enroll in the Best Practices Program. Mayor Tierney stated the Police Department would contact her to schedule a meeting. There being no one else wishing to appear before the Council, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Johnson, and seconded by Councilmember Harstad, to adopt a Resolution Imposing a Civil Penalty Against Asian Mill, Inc. d/b/a Tea House Restai for Liquor Compliance Check Violation (Res2001-243). With all members voting in favor, t motion carried. 7.2) On -Sale 3.2 Malt Liquor License for Begin Oaks Enterprises, LLC, 5625 Yucca Lane City Clerk Paulson reported on the application of Begin Oaks Enterprises, LLC, for an On -Sale 3.2 Malt Liquor License at the Begin Oaks Golf Course, 5625 Yucca Lane. Mayor Tierney opened the public hearing for testimony. Judy Begin, 5635 Yucca Lane, stated she would answer any questions the Council may have. There being no one else wishing to appear before the Council, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Slavik and seconded by Councilmember Johnsi a Resolution AvvrovinQ On -Sale 3.2 Malt 5625 Yucca Lane (Res2001-244). Oaks Councilmember Harstad reiterated his position relative to issuing liquor licenses to golf establishments due to the fact there could be younger employees as well as patrons. He feels this Adopted City Council Minutes Regular Meeting of June 12, 2001 Page 7 of 22 could provide youths an easier access to alcohol. Therefore, he would not be supporting the motion. Councihnember Johnson stated she supports the motion. She feels the City shouldn't single out golf courses from having a liquor license. She stressed that businesses that have liquor licenses need to follow the rules and hopefully enroll in the City's Best Practices Program. There being no further discussion and with all members voting in favor but Harstad, the motion carried. General Business 8.1) Adoption of an Ordinance Amending Section 725 of the City Code to Create the Storm Water Utility Financial Analyst Kohn reported on the proposed storm water utility fee. He stated the proposed fee would impact all developed properties based on the amount of runoff that each parcel produces. The only exempt properties would be public rights-of-way, vacant land, railroad rights-of-way, and unoccupied public land. Public and private schools would be deferred for one year until their next budget cycle. A fee based on the proportionate share of runoff from the non- exempt properties would be placed on the utility bill along with charges for water, sewer, recycling, and street lighting. The proposed fees would be: 1. Single family and duplex properties - $3.25/per month/per parcel 2. Multi -Family (townhomes, condos, and apartments) - $10.79/per month/per acre 3. Commercial/industrial - $34.34/per month/per parcel He stated other property types such as churches, schools, institutions, City, County, and State properties would all be billed based on an individual calculation of each site runoff. The average rate for these groups is proposed at $8.97/per month/per acre. He stated golf courses and regional parks would have their fees based on the amount of run-off produced by the impervious area of each parcel, not the total parcel size. The rate per acre of impervious surface is proposed at $44.14. He noted that rates set at these proposed levels would be sufficient to generate $1,500,000 per year which would fully fund the activities and projects identified in the Water Resources Management Plan that amount to $8 million. The plan is intended to improve Medicine Lake, Bass Lake, and Parkers Lake and identify the priorities for the other lakes located in the City. After 10 years, the fee could continue to be collected to fund improvements to the other lakes. Adopted City Council Minutes Regular Meeting of June 12, 2001 Page 8 of 22 Financial Analyst Kohn explained how the fee is calculated for multi -family properties. Keith Pizzala, 2700 Pine View Lane North, stated he supports cleaning the area lakes, but he would like something in return for paying this fee. He consulted with an aquatic scientist who indicated that the main pollution in the lakes is not caused from grass clippings. This scientist suggests that bales of barley straw he placed on the shorelines to discourage algae growth. He provided literature to the Council on this method as well has some information he had collected from the State. He mentioned some other suggestions which included: 1. Neighboring cities that share lakes with the City should participate monetarily in cleaning up the lakes. 2. The City should tax lawn care companies. 3. Those businesses such as Harty's Boat Works, who make a living off the lakes, pay a higher fee. 4. Require permits for boat docks as many boat docks are constructed of treated lumber that pollute the lakes. 5. There be a pay box for dock ramps. Jim Schleske, 2710 Pineview Lane, stated he intended to address the Council; however, Mr. Pizzala raised many of his concerns and questions. Jerry Unger, 10607 57`x' Place North, President of Harrison Place Townhomes, stated he supports improving the water quality of the City lakes. However, he is concerned about the fairness and equity of the proposed fee. He stated the proposed fee is a flat tax which applies to all abilities to pay at the same rate. He disagrees with this method, but he understands why the Council supports this method. Those lakeshore properties that benefit the most are charged the same fee compared to those properties whose value is less. He has observed many factors that affect the runoff into the lakes. These items include culverts emptying directly into the lakes, berms being moved into shorelines, marsh areas that were destroyed, and impervious surfaces near the lakes. He stated the most critical area is the shoreland. He explained that the property owners of Harrison Place have already paid a capital cost of $500 per property for their treatment pond in addition to being responsible for the maintenance of that pond. They are in the process of collecting a $2 fee per month within their development to pay for the dredging of that pond. He asked if they would get credit for their efforts, or he suggested that the City consider purchasing the pond from them and assuming the maintenance costs. Tom Jess, 5055 Evergreen Lane North, stated if the Council were to implement this fee, the Northwest Plymouth area would need to be assured that developers are not allowed to strip off the black dirt and sell it back to residents when developing any property in this area. This is the first step in protecting the water quality of the lakes. He suggested that a high school class monitor the water quality from the wetlands and lakes. This would be very good education on Adopted City Council Minutes Regular Meeting of June 12, 2001 Page 9 of 22 the environment. He indicated his interest in serving on the Environmental Quality Committee and the fact that he has previously applied to serve on this committee. Marsha Videen, 1151 Kingsview Lane North, stated the study that Barr Engineering prepared eight years ago identified several solutions on how to improve the water quality of Parkers Lake. She stated there are many things that pollute the lakes which include washing vehicles in driveways, leaves in the gutters, and not utilizing phosphorous free fertilizer. She stated the entire watershed attributes to this problem and lake property owners have no affect on what occurs in the watershed. The proposed fee would be broader based than what a flat tax would be. Mayor Tierney stated staff has studied the fees that other cities charge for surface water management programs, and the Council has discussed this type of program for at least the past five to eight years. Instituting a fee was delayed until a Water Resources Management Plan could be developed. She mentioned the educational component of the program as well as how the fee is structured to be fair. Councilmember Black spoke to Mr. Pizzala's concerns. She stated the suggestion to utilize barley straw was mentioned, but it was not a recommended option. Regarding the argument that other cities may not participate in the cleanup effort, she stated that someone needs to be a leader and begin the improvement process. She noted that the State would be requiring these types of measures in the very near future. She explained that the City is part of four watersheds, and improvements need to be made. She stated the issues regarding things that pollute the lakes are included in plan. She stated regarding Mr. Unger's comments on their storm water pond, the best way to address this is to provide some type of rebate for those developments that have them, or provide an incentive for those neighborhoods who don't have them. She stated regarding Mr. Jess's comments on the stripping of the black dirt, this also poses a problem in constructing buffers around the lakes. She noted that the plan does include participation from high school students and residents on monitoring the wetlands and lakes. They have been working with teachers from both Armstrong High School and Wayzata High School. Lastly, she stated the reason why the Council supports this type of fee is that if it were a property tax, not everyone would pay, i.e. churches and schools who have a large amount of impervious surfaces. Lakeshore property owners already pay a much higher level of property tax than those who don't. The City is able to provide financial incentives to property owners with this method whereby one can't with property taxes. Councilmember Johnson stated there is a benefit for everyone in cleaning the lakes as everyone contributes to the problem. People who use the lakes for recreational purposes, lakeshore property owners, and people who are relocating to the City will all benefit from the improvements. Adopted City Council Minutes Regular Meeting of June 12, 2001 Page 10 of 22 Mayor Tierney stated the suggestion that there be a pay box for dock ramps could be reviewed as well as the use of treated lumber for docks. She stated lawn care companies already pay a license fee to the City as well as disclosing the types of fertilizers they would be applying to the lawns (required to utilize phosphorous free fertilizer). Therefore, these businesses shouldn't be taxed. Acting Public Works Director Faulkner stated staff would be reviewing incentives for those developments that have their own storm water retention ponds, and the feasibility of the City assuming the maintenance of those ponds. Councilmember Harstad stated he supports the proposed fee and beginning the process of improving the water quality of the lakes. The improvements would enhance plant growth, provide a better environment for the fish, and allowing the lake to clean itself. He stated regarding the suggestion to utilize barley straw, it would take between 4,000 to 5,000 bales just for the shoreline of Medicine Lake. This type of method could be very costly in comparison to other alternatives identified in the plan. Councilmember Slavik stated even though she doesn't reside on any of the lakes, she utilizes the lakes for recreation. Therefore, there is a direct benefit to residents who don't own lake property in improving the water quality of the lakes. Councilmember Johnson asked if Harrison Place Townhomes has already approached staff on the suggestion for the City to maintain their pond and whether this suggestion could be incorporated into the incentive program. City Manager Johnson replied staff could find no other cities that have incentive programs. However, the City could review the suggestion to maintain those ponds and provide a discount to those neighborhoods that have the ponds. Mr. Jess reiterated that the City needs to enforce the erosion ordinance as well as increase the wetland mitigation ratio. Motion was made by Councilmember Harstad, and seconded by Councihnember Black, to adopt an Ordinance Amending Section 725 of the Plymouth City Code Creating a Storm Water Utility No. 2001-245, an Councilmember Stein received assurances from City Attorney Knutson that the funds collected could only be utilized for storm water improvements, not general fund expenditures. There being no further discussion and with all members voting in favor, the motion carried. Adopted City Council Minutes Regular Meeting of June 12, 2001 Page 11 of 22 Councilmember Black encouraged residents to attend the Environmental Quality Committee meeting on June 13 at 7:00 p.m. in the Council Chambers. 8.2) Rezoning from FRD to RMF -2 and Preliminary Plat for 98 Townhome Units for Townhomes of Nanterre" located west of the Northwest Quadrant of Vicksburg Lane and Schmidt Lake Road (20183 — Edina Development Corporation) Community Development Director Hurlburt reported on the Edina Development Corporation's proposed project, the "Townhomes of Nanterre" which is a 98 townhome unit development at the northwest quadrant of Vicksburg Lane and Schmidt Lake Road. The development would include two new public streets, with one of the streets to line up with Yuma Lane, and th other street would be a cul-de-sac further to the west. The property contains approximately 26 acres with only 16 acres being developable, and the remainder being wetland. The applicant is proposing six units per acre, and the ordinance provides three to six units per acre. She illustrated the exterior of the units, which is stucco. She explained the units would be rented at 1,500 per month. There would be the possibility to purchase the units as the developer is platting the units to allow for the sale of the units to a homeowners association. She stated the Planning Commission's public hearing on this development was held in March, and there were a number of concerns from the development to the south. Some of these concerns included drainage issues, the traffic at Schmidt Lake Road and Vicksburg Lane, the City's water system and pressure, and the potential decrease in property values. The Planning Commission recommended approval of this development at their May 16 meeting. The concern was raised if there would be adequate transition between two different types of housing developments. She informed the Council that a rezoning now requires a 4/7s vote versus the previous 5/7s vote due to new legislation. Councilmember Harstad asked in terms of density, if this proposal was submitted prior to the updating the Comprehensive Plan, could the density levels been potentially higher. Community Development Director Hurlburt replied since the wetland isn't included in the calculation, the number of units decreased. Mayor Tierney stated that she could foresee these units being rented by families and people that are in transition. Therefore, she is perplexed that the developer doesn't feel there would be a high demand for families. Community Development Director Hurlburt stated that as a general rule, rental properties usually don't attract as many families as single-family residences. However, these proposed units are fairly large units, and families may be attracted to a townhome development. She noted that the current vacancy rental rate in the City is 1 %; therefore, there is a high demand for rental housing. Adopted City Council Minutes Regular Meeting of June 12, 2001 Page 12 of 22 Mayor Tierney asked what types of amenities would be included within this development. Community Development Director Hurlburt stated there would be no common recreational areas. Councilmember Johnson asked why the first plan for this property isn't being pursued since that is what was previously conveyed to residents. Community Development Director Hurlburt explained that wben the Nanterre development first came in, everything to the north of Schmidt Lake Road was outside the City's urban service area and could only be developed at one unit per 20 acres. In addition, they weren't allowed to plat the property as it was outside the City's urban service area. There were no development approvals for that original plan. Councilmember Stein asked if this development would even be feasible due to the cost of the land and construction. Community Development Director Hurlburt replied that this development is very similar to other developments, and there is no reason that it shouldn't succeed. Mike Brandt, consulting engineer with John Oliver and Association, 580 Dodge Avenue, Elk River, stated he would entertain any Council questions. Councilmember Johnson asked if the units would be platted to be resold in the future. Mr. Brandt replied the units could either be rented or sold as single-family townhome units in the future. Gary Rudy, with Edina Development Corporation, 5705 Egret Lane, Big Lake, stated they have a similar development in Excelsior, and those units currently rent for $1,700 per month. Mr. Brandt stated they originally discussed a park area; however, they consulted with City staff, and it was determined that it wouldn't be warranted due to the proximity of the neighborhood play area to the south of the development. Mr. Rudy stated that a park area could be added to the development if the Council so desires. Councilmember Black asked if the trail along Schmidt Lake Road adjacent to the development would connect to the City's greenway system. Community Development Director Hurlburt replied yes. Gerald Westby, 4952 Comstock Lane North, stated their homeowners association is not directly impacted by this development. However, he is concerned that there are no barriers/fencing with this development to Schmidt Lake Road when there is berming on the south side of the roadway. He stated when one turns onto Schmidt Lake Road from Vicksburg Lane; the view would be the rear side of the homes all lined up. Councilmember Johnson stated with the Conor Meadows development, the City required fencing. She asked if there is any sort of barrier between the proposed townhomes and the Adopted City Council Minutes Regular Meeting of June 12, 2001 Page 13 of 22 railroad tracks and what is the setback and/or fencing requirements due to the close proximity to the railroad. In addition, is there any requirement for the developer to provide disclosure statements to the tenants due to the location near the railroad. Community Development Director Hurlburt stated the City's requires a 50' setback from the railroad tracks, and there is no requirement for fencing or for disclosures. Councilmember Johnson stated the fence that was constructed in the Conor Meadows development was for safety reasons. She believes there should be disclosures even if it is rental property. Community Development Director Hurlburt stated that it is easier to require disclosure statements for non -rental property as the statement is filed and recorded with the property, and tenants change with rental properties. Councilmember Hewitt requested staff to address the berming issue along Schmidt Lake Road. Community Development Director Hurlburt stated there is no requirement for screening due to the layout of the development. Berms in the front yards would tend to destroy the usability of the front yards, and it may not create a good visual barrier. She stated there would be trees and the trail on the north side of Schmidt Lake Road, and she noted that the ends of the townhome units (patio areas) would be facing the street. There would be trees as well as the trail along Schmidt Lake Road. Councilmember Harstad asked if it is possible to retain as many trees as possible along Schmidt Lake Road. Mr. Brandt stated the City Forester would walk the site with them. Any trees that would be removed would be transplanted, and new trees would be added. Councilmember Johnson asked the applicant if they would be willing to construct a fence along Schmidt Lake Road for greater transition between them and the Nanterre,Development to the, south, provide a sound barrier for the traffic noise on Schmidt Lake Road, and make the development more safe. Mr. Rudy replied that could be possible, but they would prefer something more natural and green, which they feel would be more aesthetically pleasing rather than a fence that would need to be maintained. Councilmember Johnson stated that neighborhoods have constructed decorative fencing that incorporates trees and shrubbery near the fence. Councilmember Harstad stated that fencing is not really a sound barrier for traffic noise, as usually the noise tends to come up over the fence. He would prefer to utilize trees and shrubbery rather than fencing. Proposed City Council Minutes Regular Meeting of June 12, 2001 Page 14 of 22 Motion was made by Councilmember Black, and seconded by Councilmember Harstad to a an Ordinance Amending Chapter 21 (Zoning Ordinance) of the City Code to Classify Certa Lane Located West of Vicksburg Lane and North of Schmidt Lake Road (20183 — Ord2001 Resolution Approving Findings of Fact for Rezoning of Property located West of Vicksburl Lane and North of Schmidt Lake Road (20183 — Res2001-246). Councilmember Slavik stated she would not support the motion, as the proposed development is inconsistent with the development on the south side of Schmidt Lake Road. With all members voting in favor but Slavik and Johnson, the motion carried. Motion was made by Councilmember Black, and seconded by Councilmember approve a Resolution Approving a Preliminary Unit Townhouse Development located West of Road (20183 — Res2001-247), and a Resolution Unit Townhouse to Tor a North of Schmidt Lake and a Fire Lane Variance oment located West of Vicksburg Lane and North of Schmidt Lake Road (20183 — Res2001-248). Motion was made b, seconded by Councilmember Hewitt, to amend the motion Site Plan Resolution to add a condition that a fence would need to be constructed along Schmidt Lake Road. Community Development Director Hurlburt stated staff is successful in designing fences that incorporate landscaping. The maximum height of the fence could be six feet, and that would require a Variance. Councilmember Johnson stated she previously resided on Northwest Boulevard, and the fence from their development provided privacy for the residents, transition from low to high density and a four -lane roadway. She stated it would take some time for trees to mature and be a decent barrier. Councilmember Black stated that wouldn't support the amendment as other methods could be utilized to make it more aesthetically pleasing. Councilmember Slavik stated that she would support the amendment. She stated a fence on a berm separates her development from a commercial development, and she appreciates that fence. She stated that many of the trees and bushes on their berm have had to be replaced. She would support a six-foot fence with this development as well as requiring the developer to maintain the fence. Adopted City Council Minutes Regular Meeting of June 12, 2001 Page 15 of 22 Councilmember Harstad stated that he doesn't support the fence, as residents would have to go around the fence to access the trail. In addition, the Council shouldn't be isolating this rental housing development. Councilmember Hewitt stated that she supports a fence, but she understands the maintenance aspect would be a long-term issue. Community Development Director Hurlburt stated staff does not have the size and type of fence this evening. However, she is confident that a fence, up to six feet, could be designed to make it aesthetically pleasing. Mayor Tierney asked how close the patio areas are to the trail. Community Development Director Hurlburt replied there is approximately 50 feet from the structure to the edge of the easement for the trail. Mayor Tierney stated it might be better to consider privacy screening for the patios rather than a fence. Community Development Director Hurlburt stated a fence could be constructed up to three feet without a Variance, but for privacy, one would need to go higher than three feet. Councilmember Slavik requested a friendly amendment to the amendment to require that the fence be six feet high with the requirement that the homeowners association would maintain it. Councilmembers Johnson and Hewitt accepted this friendly amendment. Councilmember Stein stated that he doesn't object to a fence as he feels a transition would be beneficial for this project. However, he finds it very difficult to design a six-foot fence this evening. Motion was made by Councilmember Stein to table this item and require the applicant to come back with an appropriate fence proposal and landscaping plan. This motion failed for lack of a second. City Attorney Knutson reminded everyone that this development would be before the Council again when the Final Plat would need to be approved. Motion was made by Councilmember Johnson, and seconded by Councilmember Slavik, to make a_substitute motion to the amended amendment to insert the following condition in the Resolution approving the Preliminary Plat, "A fence, not exceeding six feet in height, shall be Lake Road. The fence shall be owned and maintained by the homeowners association. Plans for the fence must be submitted for approval by the City Council with the Final Plat." Adopted City Council Minutes Regular Meeting of June 12, 2001 Page 16 of 22 Councilmember Black stated that she resides along Schmidt Lake Road, and it would be more aesthetically pleasing to not have the appearance of a wall of fences. She feels there is not a warranted safety concern. She would also like to give the developer some flexibility. Motion was made by Councilmember Johnson, and seconded by Councilmember Slavik, to call the question. With all members voting in favor but The Council voted on the substitute motion. With all members voting in favor but Black and Harstad, the motion carried. The Council then voted on the amended main motion. With all members voting in favor, the motion carried. The Council took a recess from 10:00 p.m. to 10:13 p.m. 8.3) Approve Funding for 38th Avenue Wildflower Garden Park and Recreation Director Blank reported on the request of area residents to develop a wildflower garden in Plymouth Creek Park at an approximate cost of $6,000. He stated the cost of the garden would be split evenly between the Environmental Quality Commission funds and from capital improvement funds. Councilmember Harstad stated that residents who have contacted the Council in support of this garden have requested that the interim language be deleted from the Resolution. Park and Recreation Director Blank explained that this property was originally acquired for the future entrance to the park and a potential parking lot. The Park and Recreation Advisory Commission prefers to keep that option open. Therefore, the language, "the Council notes that this is an interim use of the property and that there may be other park and recreation uses necessary for this property in the future" was added to the Resolution. He stated that sometime in the future, this property might want to be utilized for that purpose or for some other park recreational need for the community. Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to adopt a Resolution Approving Wildflower Garden for Plymouth Creek Park (Res2001-249), and delete the language, "the Council notes that this is an interim use of the property and that there may be uses in the future." Councilmember Black stated the City would still have the authority to utilize this property for other uses in the future. However, the residents who are volunteering to assist in developing the Adopted City Council Minutes Regular Meeting of June 12, 2001 Page 17 of 22 garden may have a difficult time recruiting volunteers if this language was included in the Resolution. Mayor Tierney stated she disagrees. She spoke of the Ferndale North neighborhood that disputed that a play area was designated an open space area. With this type of language in the Resolution, it is clear to residents that the use of the property could change. Councilmember Harstad stated that he wouldn't support the motion. He stated the Council's goal is to make the highest and best use of the property, and the use of this property could change in the future. A substitute motion was made by Mayor Tierney, and seconded by Councilmember adopt the Resolution as originally proposed, leaving in the last sentence of the Resolution. Georgann Bestler Wenisch, 3850 Minnesota Lane, representing the Parkview Ridge Homeowners Association, Park Brooke Townhome Association, and Parkview Ridge Townhome Homeowners Association, stated they understand this is City property, and they have presented a suggestion on how to utilize the property. They understand that in the future the Council could change the use of the property. If there would be difficulty in determining financing for this year, they would be willing to work with the City. They are concerned about the interim use language contained in the resolution as a native garden takes at least three to five years to even become established. They would be guaranteeing that volunteers would be working on the property. They just don't want the use of the property changed as soon as the garden is established. However, they request the Council's support whether or not that language is contained in the Resolution. Councilmember Johnson asked if there would be a process to notify the public/neighborhood if the use of the property would be changed. Park and Recreation Director Blank replied even though it is not required by the City Code, staff would notify the surrounding properties that would have the interest in this property. Councilmember Black asked if there would be any soil sampling done with the property. Park and Recreation Director Blank replied his staff would begin reviewing the soil conditions and formulate a plan. Councilmember Hewitt asked if staff involvement and time would be an on-going issue. Park and Recreation Director Blank stated no. He acknowledged that the first three to four years would be the difficult years in getting the garden to grow and mature. Councilmember Hewitt asked if the neighbors don't assist the City with this garden, would the City be responsible for the maintenance. Park and Recreation Director Blank replied yes. Adopted City Council Minutes Regular Meeting of June 12, 2001 Page 18 of 22 The Council voted on the substitute motion. With all members voting in favor but Johnson and Black, the motion carried. The Council voted on the main motion. With all members voting in favor, the motion carried. Rd) Approve Ficial Plans and Cnarifiratinnc and Cnnetrnr4inn Coonerative Agreement for County Road 61, Northwest Boulevard (9004) Acting Director of Public Works Faulkner reported on the final design plans and the construction cooperative agreement with Hennepin County for the County Road 61 (Northwest Boulevard) improvements. He explained that the cities of Plymouth and Maple Grove have been working with the County over the past few years on improving County Road 61 from Bass Lake Road in Plymouth to approximately I-694 in Maple Grove. The project would construct County Road 61 on a new alignment between Bass Lake Road and 62"d Place which is just inside the City limits in Maple Grove. Existing County Road 61 follows the Hemlock Lane alignment from Bass Lake Road to 1-694. With the completion of the improvement project, the existing Hemlock Lane within the City of Plymouth would revert to the City with the completion of the project. The City of Plymouth would then reconstruct Hemlock Lane in accordance with the residential street standards as part of the 2002 and 2003 street reconstruction program. The City project would include the construction of a cul-de-sac just north of 60th Avenue which would prevent the possibility of through traffic on Hemlock Lane. In addition, as part of the County improvement project, the median along County Road 10 at Hemlock Lane would be extended through the intersection to prevent any left turning traffic at the intersection of County Road 10 and Hemlock Lane. He stated County Road 61 would be a four -lane roadway with an access site to Gramercy. The project has been bid and the prices are reflected in the construction cooperative agreement, and construction is anticipated to begin in August. He stated for those residents who reside on the Ives Lane cul-de-sac, a wetland complex adjacent to a water quality treatment pond would be constructed in Outlots C and D of Bass Lake Estates where there is currently a significant tree buffer between the new roadway alignment and the homes within Bass Lake Estates. This would be part of the Wetland Conservation Act requirements and water quality treatment requirements. He stated several meetings were conducted with the affected property owners and County and City staff, and a design has been agreed upon for the construction of these ponds and necessary storm drainage pipes with very strict construction limits to minimize tree removal followed by significant re -vegetation of this area which includes trees, shrubs, and wetland planting materials. Councilmember Black asked why the County Road 61 and Bass Lake Road intersection isn't being totally completed. Acting Public Works Director Faulkner replied the County wants to improve the intersection at 47`x' as well so both of them would be completed in the next five to 10 Adopted City Council Minutes Regular Meeting of June 12, 2001 Page 19 of 22 years. The County is in the process of purchasing right-of-way for this intersection in order to incorporate tum lanes. Sheri Lundstrom, 6125 Ives Lane North, representing the Bass Lake Estates Homeowners Association, stated they are extremely disappointed in the proposed landscaping plan, as the trees are significantly smaller than what was indicated to them previously. She stated the County would be taking two acres of their land removing many of the mature trees and replacing them with one -inch samplings every 45 feet. Their budget indicates a cost of $30,000 for the landscaping; however, they don't feel this is adequate reforestation according to the City's tree preservation ordinance. She informed the Council that they didn't receive notice of tonight's meeting until Saturday, June 9. They do not feel this is sufficient notice, and due to the late notice, many of her neighbors were unable to attend tonight's meeting. She stated they have been opposed from this project since the beginning. However, they were told that if they didn't support the project, their land would be condemned. She stated this neighborhood already supports two ponds, and by locating another pond in their development, there would be nowhere for the children to play. Acting Public Works Director Faulkner illustrated where the proposed pond is to be located. He stated this area was with the plat of Bass Lake Estates, and ponding and drainage easements were platted with this area. Therefore, this area could be used for constructing these types of drainage facilities. He illustrated the existing basic channel that crosses over this property to Hemlock Lane. He noted there are currently erosion problems that would be improved. The storm drainage system was also modified per a citizen's request to provide continuous flow of water through the existing channel which serves as an amenity to the abutting property owners. He indicated that the bid for landscaping came in at $24,000 and the County is committed to spending $30,000, so there is some room to change the size of the trees and additional landscaping. Councilmember Johnson asked why the residents received such a short notice of tonight's meeting. Acting Public Works Director Faulkner admitted that staff failed to send the notice earlier. However, even with a short notice, he received quite a few calls from residents who reside on Hemlock Lane, and their questions were answered. Motion was made by Councilmember Hewitt, and seconded by Councilmember Johnson, to table this item to June 26. Acting Public Works Director Faulkner stated this item is on the County Board's agenda for approval, and if it is tabled this evening, construction could be delayed until September or later. Councilmember Stein suggested the Council approve the road project but table the landscaping portion. Adopted City Council Minutes Regular Meeting of June 12, 2001 Page 20 of 22 Councilmember Hewitt withdrew her motion. Acting Public Works Director Faulkner stated even if the Council approved the project this evening, the elements of the specific landscaping plan could be addressed at a later date. Motion was made by Coiancil_member Slavik, and seconded by Councilmember Stein, to Resolution Annrovine Final Desian Plans and Construction Cooperative Aereement for County Road 61 Improvements (County Project No. 8544 and City Project No. 9004). Councilmember Johnson stated she is concerned whether the County could allocate additional funds to the landscaping portion of the project. Councilmember Black stated she doesn't support the motion, as tabling the project would provide more leverage with the County in relation to the landscaping. A substitute motion was made by Councilmember Black, and seconded by Councilmember to table this item to June 26. Councilmember Johnson requested that a more advanced notice of the meeting be provided to the affected residents. Mayor Tierney stated she doesn't support the motion. She stated it's unfortunate that a more advanced notice wasn't provided to residents, and she would like to discuss the landscaping plan further. There being no further discussion and with all members voting in favor but Slavik and Tierney, the motion carried. 8.5) Consideration of Environmental Assessment Worksheet for a Permanent Stage for the Performing Arts located North of City Hall in Plymouth Creek Park (20126 — Plymouth Civic League/City of Plymouth) Community Development Director Hurlburt requested the Council adopt a Resolution declaring a finding of "no need" for an Environmental Impact Statement (EIS) based on the review of the Environmental Assessment Worksheet (EAW) dated April 16 for a permanent state for the performing arts located north of City Hall in Plymouth Creek Park. She stated that this project has been through some preliminary site planning and an EAW was prepared for the project. Because the annual Music in Plymouth event exceeds 5,000 people in attendance once per year, the City was required to prepare an EAW. She stated there were a few comments received during the comment period regarding the potential for noise, impact on water resources, and traffic concerns, and she provided responses. Adopted City Council Minutes Regular Meeting of June 12, 2001 Page 21 of 22 Motion was made and seconded by Councilmember of "No Need" for an Environmental Assessment Worksheet Permanent Stage for the Performing Arts (20136 — Res2001-250). Ir. 2001 for the uth. for a the Councilmember Slavik was assured that the City would proactively monitor on- and off-site noise using hand-held monitoring devices during performances to ensure the City's ordinances are not being violated. The City would not wait 30 minutes before there would be monitoring. Mayor Tierney asked how the noise provision would affect the fireworks display. Community Development Director Hurlburt stated that the fireworks display is not part of this project as the fireworks do not relate to the performance facility. There being no further discussion and with all members voting in favor, the motion carried. 8.6) Resolution Approving a Site Plan Amendment for a 500 Gallon Anhydrous Ammonia Tank for Property located at 15905 State Highway 55 (2001034) Councilmember Slavik noted that the proposed anhydrous ammonia tank would be located approximately 900 feet from existing homes. She asked how toxic is this gas, what would the affect be if something would happen, and could the City require the applicant to voluntarily air monitor this tank. Community Development Director Hurlburt replied the applicant has voluntarily done some modeling. Staff reviewed this issue; however, the City couldn't require it due to there not being an ordinance. Fire Chief Kline stated anhydrous ammonia is a very common chemical that is a liquid gas. When the modeling is being done, there is usually a fence line monitoring to determine what the concentration levels are. He stated there are other anhydrous ammonia tanks in the City, and his department has no response concerns. Motion was made b Resolution and seconded by Councilmember Black to Plan Amendment for a 500 Gallon at 15905. State Highway 55 (2001034 — With all members voting in favor but Slavik, the motion carried. Tank for Adopted City Council Minutes Regular Meeting of June 12, 2001 Page 22 of 22 8.7) Resolution Awarding Bid for Plymouth Metrolink Neighborhood Stops Project 98035 Motion was and seconded by Councilmember Slavik, to olink Neiehborhood Stops (8035 — Res2001 all members voting in favor, the motion carried. Reports and Recommendations 9.1) Traffic Light at Schmidt Lake Road and Peony Lane Councilmember Johnson stated she would not be at the June 26 Council meeting when the Town and Country development would be discussed. Therefore, she would like to comment on the need for a traffic signal at the Peony Lane/Schmidt Lake Road intersection. She has spoken to school board members from the Wayzata High School as well as residents about this intersection. Some of the school board members also mentioned the timing of the stop light at Old Rockford Road in relation to this signal. She also spoke with City Manager Johnson about installing this signal sooner than when the intersection would be constructed. He indicated that staff could begin the traffic studies. City Manager Johnson stated if the Council supports Councilmember Johnson's suggestion, the Council could direct staff to begin the traffic studies this evening rather than at the June 26 meeting. Motion was made by Councilmember Johnson, and seconded by Councilmember Slavik to direct staff to begin the feasibility study for the signal at this intersection. Staff is to contact the School District if the study and funding determines that the light could be installed sooner than originally planned. With all Adjournment was made tine at 11: Councilmember motion carried. and seconded by Councilmember Black, to members voting in favor, the motion carried. A/Z Sandra R. Paulson, City Clerk