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HomeMy WebLinkAboutCity Council Minutes 05-15-1996Minutes Regular Council Meeting May 15, 1996 The regular meeting of the Plymouth City Council was called to order by Deputy Mayor Lymangood at 7:00 p.m., in the City Center, 3400 Plymouth Blvd., on May 15, 1996. COUNCIL PRESENT: Deputy Mayor Lymangood; Councilmembers Preus, Granath, Black, Anderson, and Wold. ABSENT: Mayor Tierney. STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Finance Director Hahn, Park Director Blank, Public Safety Director Gerdes, City Attorney Knutson, and City Clerk Ahrens. Item 2-A Comments from the Chair Deputy Mayor Lymangood stated that since he is presiding at this meeting, he will not initiate issues, but rather guide the meeting. He invited interruptions from the Council and requested strict adherence to Roberts Rules of Order. Item 3-A Forum - Traffic Signal at Northwest Blvd. and Bass Lake Playfield Lisa Schuler, 5440 Teakwood Lane North, represented residents in the area of 54th Avenue and Teakwood Lane. She stated that area residents support the need for a safe crossing at Bass Lake Playfield; however, they are concerned with the signal under construction. She expected a flashing beacon with striped roadway; however, a full traffic signal is being installed. Ms. Schuler stated that residents are concerned because the city and county engineers indicated that an actuated light was not warranted at this location, yet the Council authorized installation of a traffic signal. She recommended that the traffic signal be removed and a flashing beacon installed. Kristine Palyan, 5430 Teakwood Land, stated that electricity has not been installed to the traffic signal. She recommended that the entire project be stopped until the need can be reviewed. She stated that it is not difficult for pedestrians to cross Northwest Blvd. to get to Bass Lake Playfield - except during rush hour times. Councilmember Preus stated that he was not a member of the Council when the signal was approved. He suggested that a staff report be provided at the next meeting on the background of the project. Regular Council Meeting May 15, 1996 Page 2 Deputy Mayor Lymangood explained that a significant number of neighbors requested installation of a stop light and an overpass at this location. At the time, the Council made the decision to install a signal. Northwest Blvd. was a city street and the Council believed that a pedestrian -activated crosswalk was the most cost effective and safe. Northwest Blvd. is now a county roadway. He suggested that the staff report be provided at the June 5 meeting. Public Works Director Moore reported that the traffic signal installation is completed and only electricity is yet to be installed. Tom Stokes, 5450 Teakwood Lane, said that many area residents previously petitioned for a traffic control device. They did not want a signal. Item 4-A Recognize Volunteers Volunteer Coordinator Anderson recognized the contributions of Debra Moorehead, Lisa Olsen, and Mike Simacek relating to emergency management in the Public Safety Department. Deputy Mayor Lymangood presented certificates of appreciation. Coordinator Anderson stated that the City's volunteer program has grown from 224 volunteers in 1993 to 686 volunteers in 1995. There were over 10,000 volunteer hours in 1995, which equates to about $125,000 in henefit to the City. Plymouth Police Reserves contributed an additional 4,227 hours in 1995 which equates to a $153,000 value. Councilmembers thanked volunteers for their efforts and contributions to the City. Item 4-C Arbor Day Manager Johnson stated that May 24 has been proclaimed Arbor Day in the City of Plymouth. City Forester Buck stated that the Arbor Day celebration will be held at Greenwood Elementary school and he invited Councilmembers and residents to attend. Item 4-D Phosphorus -Free Fertilizer Sale Manager Johnson announced that phosphorus -free fertilizer will be sold at the Public Works facility on Saturday, May 18. Item 5 Approve Agenda Motion was made by Councilmember Wold, seconded by Councilmember Black, to approve the agenda, moving Item 9-A to Item 8-A-1. Motion carried, six ayes. Item 6 Consent Agenda Items 6-F, 6-H, 6-I, 6-Y, and 6 -BB were removed from the Consent Agenda. A correction to the minutes was accepted. Regular Council Meeting May 15, 1996 Page 3 Motion was made by Councilmember Preus, seconded by Councilmember Black, to approve the consent agenda as amended. Motion carried, six ayes. Item 6-A Approve City Council Minutes Motion was made by Councilmember Preus, seconded by Councilmember Black, to approve the minutes of the April 29, 1996, Board of Review and the May 1, 1996 Regular Council Meeting. Motion carried, six ayes. Item 6-B. Approve Disbursements Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-261 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING MAY 3, 1996. Motion carried, six ayes. Item 6-C Harstad Homes, Inc. Sugar Hills 4th Addition (95090) Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-262 APPROVING MIXED PLANNED UNIT DEVELOPMENT FINAL PLAN/PLAT AND DEVELOPMENT CONTRACT FOR HARSTAD HOMES, INC., FOR "SUGAR HILLS 4TH ADDITION" LOCATED SOUTHWEST OF VICKSBURG LANE AND NEW COUNTY ROAD 9 (MPUD 92-1)(95090). Motion carried, six ayes. Motion was made by Councilmember Preus, seconded by Councilmember Black to adopt RESOLUTION 96-263 ADOPTING ASSESSMENTS, CITY PROJECT NO. 613, SANITARY SEWER AND WATERMAIN AREA, SUGAR HILLS 4TH ADDITION. Motion carried, six ayes. Item 6-D Approve Change in Penalty for Colony Liquor Motion was made by Councilmember Preus, seconded by Councilmember Black, to approve the change in imposed penalty for Colony Liquor to shorten the stayed sentence from twelve months down to six months. Motion carried, six ayes. Item 6-E Approve Settlement Agreement for Forfeiture Vehicle Motion was made by Councilmember Preus, seconded by Councilmember Black, to approve the compromise reached and authorizing the Mayor and City Manager to sign the Confession of Judgment and Settlement Agreement in the matter of the City of Plymouth vs. one black 1989 Buick Regal, Minnesota License No. 021 LPK, VIN 2G4WB14W1K1401956, City Attorney File No. 3268/14. Motion carried, six ayes. Regular Council Meeting May 15, 1996 Page 4 Item 6-G Approve Quit Claim Deed to U.S. West Communications Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-264 APPROVING EXECUTION OF A QUIT CLAIM:EED FROM THE CITY OF PLYMOUTH TO U -S WEST COMMUNICATIONS, INC., FOR LOT 1, BLOCK 1, ROCKFORD ROAD ADDITION. Motion carried, six ayes. Item 64 Carlson Real Estate Company (96004) Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-265 APPROVING A MPUD PRELIMINARY PLAN/PLAT, FINAL PLAN/PLAT AND CONDITIONAL USE PERMIT FOR CARLSON REAL ESTATE COMPANY FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF I-494 AND CARLSON PARKWAY (96007). Motion carried, six ayes. Item 6-K Laukka-Williams for Suncourt II Townhomes (96020) Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-266 APPROVING A MPUD CONCEPT PLAN AMENDMENT FOR LAUKKA-WILLIAMS PARKERS LAKE FOR PROPERTY LOCATED ON 25TH PLACE NORTH, EAST OF SHENANDOAH LANE (96020). Motion carried, six ayes. Item 6-L Approve Cleaning Contract for City buildings. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-267 APPROVING CITY BUILDING CLEANING CONTRACT. Motion carried, six ayes. Item 6-M Approve Change Order for City Council Chambers Project Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-268 APPROVING CHANGE ORDER NO.2 FOR CITY COUNCIL CHAMBERS PROJECT. Motion carried, six ayes. Item 6-N Appointment to Human Rights Commission Motion was made by Councilmember Preus, seconded by Councilmember Black, to appoint Howard Sigal to fill the current at -large vacancy on the Human Rights Commission for a term expiring January 31, 1998. Motion carried, six ayes. Regular Council Meeting May 15, 1996 Page 5 Item 6-0 Approve participation in State Performance Measurement Program Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-269 AUTHORIZING CITY OF PLYMOUTH PARTICIPATION IN LOCAL PERFORMANCE AID PROGRAM. Motion carried, six ayes. Item 6-P Approve Addition of Ice Arena Manager Motion was made by Councilmember Preus, seconded by Councilmember Black to adopt RESOLUTION 96-270 APPROVING THE GRADE, TITLE AND SALARY RANGE FOR ICE ARENA MANAGER, and approving financing for the position in 1996 in the estimated amount of 26,000 to be taken from the 1996 General Fund Contingency budget. Motion carried, six ayes. Item 6-Q Roger Redmond. Amended RPUD Plan and CUP (96049) Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-271 APPROVING AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR ROGER REDMOND FOR PROPERTY AT 420 NORWOOD LANE NORTH (RPUD 85-2) (96049). Motion carried, six ayes. Item 6-R Transit Capital Funding from the Metropolitan Council Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-272 SUPPORTING APPLICATION FOR TRANSIT CAPITAL FUNDING FROM THE METROPOLITAN COUNCIL. Motion carried, six ayes. Item 6-S Contract Amendment with National School Bus Services Inc. Motion was made by Councilmember Preus, seconded by Councilmember Black to adopt RESOLUTION 96-273 APPROVAL OF AMENDMENT NO. 1 TO THE AGREEMENT WITH NATIONAL SCHOOL BUS SERVICES, INC.; FOR PLYMOUTH METROLINK AND DIAL -A - RIDE SERVICES. Motion carried, six ayes. Item 6-T Change Order for 1995 Trail Improvements, Project 417 Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-274 APPROVING CHANGE ORDER NO. 1, 1995 TRAIL IMPROVEMENTS, CITY PROJECT NO. 417. Motion carried, six ayes. Regular Council Meeting May 15, 1996 Page 6 Item 6-U Final Payment and Termination of Contract for Peony Lane Grading Motion: was made by Councilmember Preus, seconded by Councilmember Black to adopt RESOLUTION 96-275 APPROVING CHANGE ORDER NO. 1, PEONY LANE -GRADING, CITY PROJECT NO. 502. Motion carried, six ayes. Motion was made by Councilmember Preus, seconded by Councilmember Black to adopt RESOLUTION 96-276 AGREEMENT TO TERMINATE CONTRACT, PEONY LANE -GRADING, CITY PROJECT NO. 502. Motion carried, six ayes. Motion was made by Councilmember Preus, seconded by Councilmember Black to adopt RESOLUTION 96-277 REQUEST FOR PAYMENT NO. 3 AND FINAL, PEONY LANE -GRADING, CITY PROJECT NO. 502. Motion carried, six ayes. Item 6-V Change Order for West Medicine Drive Relocation, Project 330 Motion was made by Councilmember Preus, seconded by Councilmember Black to adopt RESOLUTION 96-278 APPROVING CHANGE ORDER NO. 5, WEST MEDICINE LAKE PARK IMPROVEMENTS - PHASE 1, CITY PROJECT NO. 330. Motion carried, six ayes. Item 6-W Award Contract for 1996 Street Reconstruction Program, Project 602 Motion was made by Councilmember Preus, seconded by Councilmember Black to adopt RESOLUTION 96-279 AWARD CONTRACT, 1996 STREET RECONSTRUCTION PROJECT, CITY PROJECT NO. 602. Motion Carried, six ayes. Item 6-X Approve Plans for 1996 Seal Coat Program Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-280 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, 1996 SEAL COAT PROGRAM. Motion carried, six ayes. Item 6-Z Installation of Stop Signs at various locations Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-281 INSTALLATION OF STOP SIGNS AT VARIOUS LOCATIONS. Motion carried, six ayes. Regular Council Meeting May 15, 1996 Page 7 Item 6 -AA Approve Tobacco License Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-282 APPROVING TOBACCO LICENSE FOR RICHARD A. HENNING DBA PLYMOUTH CONVENIENCE STORE. Motion carried, six ayes. Item 6 -CC Provide Consent for the Minneapolis Public Housing Authority Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-283 GIVING CONSENT FOR THE MINNEAPOLIS PUBLIC HOUSING TO ADVERTISE FOR PROPOSALS FROM OWNERS OF PROPERTY WITHIN THE CITY OF PLYMOUTH FOR THE USE OF SECTION 8 PROJECT -BASED HOUSING ASSISTANCE. Motion carried, six ayes. Rein 6 -DD BohLand Development for Tyler's Upland Addition (96035) Motion was made by Councilmember Preus, seconded by Councilmember Black to adopt RESOLUTION 96-284 APPROVING PRELIMINARY PLAT FOR BOHLAND DEVELOPMENT FOR "TYLER'S UPLAND ADDITION" LOCATED SOUTH OF FIFTH AVENUE AND EAST OF VICKSBURG LANE (96035). Motion carried, six ayes. Item 6 -EE Authorize City Manager to conduct Review of Bond Counsel Services Motion was made by Councilmember Preus, seconded by Councilmember Black to adopt RESOLUTION 96-285 AUTHORIZING THE CITY MANAGER TO REVIEW BOND COUNSEL SERVICES. Motion carried, six ayes. Item 6 -FF Approve Financing for County Road 9 Planting Motion was made by Councilmember Preus, seconded by Councilmember Black, to direct staff to proceed with the proposed planting of the County Road 9 boulevard between I-494 and Highway 169, and to finance the project using existing funds in the fall of this year with one planting and then budget in the 1997 budget the necessary funds to complete the project in the spring of 1997. Motion carried, six ayes. Item 7-A Minnesota Department of Economic Development Recovery Fund Grant for Value Rx Community Development Director Hurlburt presented the staff report on the request to approve an application to the Minnesota Department of Trade and Economic Development Economic Recovery Grant Program for the Value Rx Project. The application will be for $500,000 to provide loan funds to assist Value Rx Pharmacy in its location and equipment acquisition project. All of the funds to be loaned to the Company will assist its purchase of new Regular Council Meeting May 15, 1996 Page 8 equipment to be placed in the Miles Homes facility, 4700 Nathan Lane, Plymouth. Director Hurlburt explained the project activities and timeframe. From May to October, 1996, Ryan Construction will be renovating the 60,000 sq. ft. facility as well as expanding the facility by an additional 60,000 sq. ft. for the location of Value Rx Pharmacy. July 1996 is the estimated time for release of State loan funds assuming the grant application is approved. It is anticipated that 200 new employees will be hired from July 1996 through June 1998. She stated that the overall project cost is $2,000,000. Approximately 1,500,000 is for equipment acquisition and $500,000 is associated with legal, relocation, and administrative costs. The City, in its grant application, is requesting $500,000 to loan to Value Rx Pharmacy at an annual interest rate of 6 percent for a term of five years. If the grant funds are federal monies, then the City may retain all the repayments. If the grant funds are state monies, then the City may retain the first $100,000 in principal repayments, including accrued interest to that point. Financing for the remainder of the project will come from Value Rx Pharmacy equity in the amount of $1,500,000. No project costs will be assessed to community residents, and no maintenance expenses for the facility or its operations will be incurred by the City. Director Hurlburt explained that at a minimum, more than half of the jobs created after the Value Rx Pharmacy facilities acquisition will be available to persons of low and moderate income (income at or below 80 percent of the median household income for Hennepin County, as established by the U.S. Department of Housing the Urban Development for the applicable fiscal year). Creation of 200 new jobs would potentially result in 102 persons of low and moderate income hired to a total combined salary of approximately 2,120,000. If creation of 200 new jobs resulted in all the new jobs being filled by persons of low and moderate income, then the combined salary to the 200 low and moderate income persons would be in excess of $4,100,000. None of the proposed project activities will result in displacement of any persons. She stated that any individual may comment on the loan funds proposal or on any community needs that the City should address. Written responses will be made to written comments within 15 days of the hearing. After 15 days following the hearing have elapsed, written responses to written comments will be made within 15 days of receiving the written comment. Deputy Mayor Lymangood opened the public hearing at 7:35 p.m. No one appeared, and the hearing was closed. Regular Council Meeting May 15, 1996 Page 9 Motion was made by Councilmember Anderson, seconded by Councilmember Black, to adopt RESOLUTION 96-286 AUTHORIZING THE CITY MANAGER TO APPLY TO THE DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT AND EXECUTE AGREEMENTS FOR FUNDING OF THE VALUE RX PROJECT ON BEHALF OF THE CITY OF PLYMOUTH; RESOLUTION 96-287 OF ADOPTION OF RESIDENTIAL ANTIDISPLACEMENT, RELOCATION ASSISTANCE AND DISPLACEMENT MINIMIZATION PLAN; and RESOLUTION 96-288 PRELIMINARY APPROVAL OF PLYMOUTH ECONOMIC DEVELOPMENT FUND GUIDELINES. Motion carried, six ayes. Item 7-B Vacation in Pheasant Trails Addition Public Works Director Moore presented the staff report on the request for vacation of part of 53rd Avenue street right-of-way in Pheasant Trails Addition. Deputy Mayor Lymangood opened the public hearing at 7:38 p.m. No one appeared, and the hearing was closed. MOTION was made by Councilmember Wold, seconded by Councilmember Preus, to adopt RESOLUTION 96-289 AUTHORIZING THE VACATION OF PART OF 53RD AVENUE STREET RIGHT-OF-WAY. Motion carried, six ayes. Item 8 -Al (9-A) Ordinance Initiating a City Charter Amendment Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt ORDINANCE 96-9 AMENDING THE PLYMOUTH CITY CHARTER CONCERNING TAXATION. Councilmember Preus explained that this was a campaign issue supported by three councilmembers in the last election. The ordinance proposes a City Charter amendment to require a 5/7 vote of the City Council to raise the City's tax rate in any fiscal year. If adopted, the ordinance will be forwarded to the Charter Commission for review. The Charter Commission can propose an alternative to the initiative if it wishes. The City Council can then choose between its own initiative and that of the Charter Commission to select which version is presented to the voters. Councilmember Preus stated that this initiative would make it more difficult to increase the tax rate in the future. He Regular Council Meeting May 15, 1996 Page 10 stated that the City Council, City Manager and staff have done a good job of reducing the tax rate over the last several years. The City currently has the lowest tax rate in Minnesota of cities with over 10,000 population. This charter amendment would demonstrate that an increase of the City's tax rate deserves more attention than a simple majority vote. Manager Johnson reviewed possible alternative ordinances. One alternative would be to amend the Charter to enable the Council to pass its own ordinance, but with conditions in the charter about how the ordinance applies and how it may be repealed. For example, the ordinance requiring a supermajority could apply in all situations except where the City loses at least 20 percent of its state aid or loses more than 10 percent of its net tax capacity. Another alternative would be to expand those situations to also accommodate both state legislative changes and substantial economic devaluations. Councilmember Granath supported the motion. He stated that it will be more difficult for future Councils to maintain the City's low tax rate when faced with declining revenues. Citizens and future City Councils and staff will be encouraged to do hard planning to keep the tax rate low. Motion carried, six ayes. Item 8-A2 (6-H) Concept Plan for Holly Creek 5th Addition (96005) Community Development Director Hurlburt reviewed the application of Scherber Partnership Properties/Loucks and Associates, Inc., for Planned Unit Development Concept Plan for Holly Creek 5th Addition located north of 39th Avenue and west of Dunkirk Lane. She stated that a second item relates to the wetland plan based on the proposed concept plan. Director Hurlburt stated that the applicant has requested consideration of the concept plan first, and separately, from the preliminary plat for Holly Creek 5th Addition because of the wetland requirements. She said that reduced wetland buffers are allowed in some situations, but only if the developer requests alternative buffers. The developer has requested alternative buffers in a small part of the proposed development. She said that at the concept plan stage, the City Council should consider the general layout of streets, the request for alternative buffers, and general compliance with the City's Comprehensive Plan. Final grading, detailed street design, and erosion control issues would be considered at later review stages. She described the site as a 19.5 acre parcel with three wetland basins. Two of the basins are of medium quality and one is a low quality basin. About .36 acres of wetlands is proposed to be filled, with the mitigation on the site at a 2:1 ratio. The first duty under the Wetlands Act is to avoid wetlands; Regular Council Meeting May 15, 1996 Page 11 however, this is difficult because the roadway layout must align with abutting developments. It is necessary to bring Dunkirk Lane through the development. She explained that the project proposes 34 single-family parcels, with a density of about 1.7 units p,;r acre, which is less than the maximum of 2 units per acre. Director Hurlburt stated there are two areas where the applicant has requested alternative buffers. The medium -quality wetlands require an average 30 foot buffer. If the Council believes there are good reasons to lessen the standards, that can be reduced in half. The City Council may approve alternative standards based on an assessment of the size of the parcel, existing roads and utilities, percentage of parcel impacted by wetlands, configuration of wetlands on the parcel, and quality of the affected wetlands. She recommended approval of the alternative wetland buffers on two lots. This site is relatively small, with a high percentage (20%) of wetlands. The wetlands are of irregular shape, and the wetlands are not high quality. The alternatives discussed with the developer would have resulted in filling more wetlands in order to create wider buffers. Director Hurlburt stated that the road alignment was discussed by the property owners from the abutting Holly Creek 3rd Addition at the Planning Commission hearing. Residents were concerned about the proximity of the proposed roadway to their homes, and residents indicated they were previously informed the road'could be constructed farther to the south. A sketch of this proposed roadway was presented at the hearing. Director Hurlburt stated that a southerly location of the roadway would impact a significant amount of wetlands. She stated that the only way to meet the Wetland Conservation Act is to locate the roadway as proposed in the concept plan. The developer indicated that the sketch shown at the meeting was probably drafted prior to adoption of the Wetland Conservation Act. Director Hurlburt added that reducing the roadway width will be considered prior to the preliminary plat consideration. The lot arrangements are consistent with the LA -1 guiding, and the proposed development generally complies with the City's Comprehensive Plan. The applicant would likely lose one lot without the alternative buffers. Motion was made by Councilmember Anderson, seconded by Councilmember Wold, to adopt RESOLUTION 96-290 APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN AND DENYING THE USE OF ALTERNATIVE WETLAND BUFFER STANDARDS FOR SCHERBER PARTNERSHIP PROPERTIES LOCATED NORTH OF 39TH AVENUE AND WEST OF DUNKIRK LANE (96005). Councilmember An_J;:rson stated that this action would deny the use of alternative buffers in this development. Since the enactment of the City's wetland ordinance, the Council has not approved a request for alternative Regular Council Meeting May 15, 1996 Page 12 buffers. He stated that the alternative buffer would have been as narrow as 10 feet, and some of the lot sizes are 13,000 to 15,000 square feet. These are small lots for homes being proposed in the $300,000 to $400,000 range. He believes it is prudent to look at other alternatives that would better protect the medium -quality wetlands on the site. Community Development Director Hurlburt stated that there is a setback requirement from the buffer to the structures. Councilmember Anderson stated concerns that a deck or patio could be located in the buffer area. Councilmember Black stated that she was under the impression that alternative buffers would be considered under the wetland ordinance only when there were no feasible development options for a site without the buffers. This has not been demonstrated to her on this proposal. She also asked whether combining two lots for attached housing may be an option, thereby allowing the applicant the same number of lots without impacting the wetlands. Director Hurlburt stated that only single-family detached housing has been proposed for this development. Councilmember Wold recalled that the wetland ordinance also addressed performance standards relating to phosphorus reduction. Director Hurlburt responded that "extraordinary measures" for the performance standards would be finalized at the next stage of consideration by the Council. She stated that the applicant would not be able to get preliminary or final plat approvals without demonstrating the ordinance requirements. Councilmember Black stated that she believes these "extraordinary measures" referenced in the ordinance are normal actions to prevent pollution in bodies of water. She believes that alternative development proposals on this site have not been investigated. Manager Johnson recalled that under the alternative buffer standards, applicants must demonstrate that the alternate buffers can meet the same standards as regular buffers. He clarified that the current motion is to approve the concept plan, except for the alternative buffers. The number of lots would be considered at the preliminary plat stage. Director Hurlburt added that if the Council denies the request for alternative buffers, the applicant must submit a plan with regular buffers or the preliminary plat application will be denied. Mike St. Martin, 11210 46th Place North, engineer and surveyor for the developer, concurred with the staff recommendation for alternative buffers on Lots 3 and 4. He stated that the site layout is constrained by the amount and shape of the wetlands. He stated that according to the extraordinary measures Regular Council Meeting May 15, 1996 Page 13 requirements in the wetland ordinance, the alternative buffers would perform the same as the regular buffers. Marvin Richardson, 16805 40th Place North, stated that he had submitted the sketch plan to the Council showing the roadway in the southern portion of the site. Area residents had previously received this plan showing the future location of the road. He believes that the current proposal for the roadway in the northerly portion of the site will damage more wetlands than if the roadway were placed in the southerly portion of the site. He asked if the 30' wetland setback applies adjacent to roadways. Mr. Richardson suggested moving the north/south portion of the proposed roadway to the west, with the wetland mitigation to the northeasterly portion of the site. He asked how residents could have input into the process of reviewing the development alternatives. Community Development Director Hurlburt stated that for wetlands that must be aligned directly adjacent to or crossing a roadway, a buffer is not required. She stated that it didn't seem reasonable to fill wetlands in order to create a regular buffer in this development. She stated that decks and patios can only encroach six feet into the buffer setback area. Director Hurlburt stated that typically development alternatives are not presented for a site; however, it is reasonable for the applicant to provide alternatives if requested. In this case, staff reviewed alternatives during the staff review process held prior to the Planning Commission hearing. Staff encourages developers to hold meetings with the adjacent neighborhoods, but they are not required to do so. Councilmember Anderson asked about the proposed width of the roadway and whether the new revised street width standards could be considered in this development. Director Hurlburt responded that a standard 33 foot pavement width is proposed; however, a 28 foot width could be considered at a later stage. Susan Path, 16815 40th Place North, stated her home abuts the northerly wetland. Her primary concern is the proposed east -west street access to Dunkirk Lane, and her family purchased their home with no knowledge that the roadway was proposed. The estimated traffic of 272 trips per day on this roadway would invade their privacy due to the noise and street lights. Ms. Path supports the Council's efforts with regard to wetland conservation, but believes that all alternatives have not been considered for the site. She asked the Council to consider a bridge across the wetland, and stated that all phases of the development should have been planned at one time so that residents had accurate information on the location of roadways. Regular Council Meeting May 15, 1996 Page 14 Marvin Richardson asked if this is the appropriate stage to consider berms, tree planting, or other mitigation from impacts of the development and roadway. Manager Johnson responded that the next agenda item will address those issues. Motion carried: Granath, Black, Anderson, and Wold ayes; Lymangood and Preus nays. Item 8-A2 (6-Y) Holly Creek 5th Addition Wetland Replacement Plan (96005) Public Works Director Moore explained the issues relating to the wetland replacement plan. He noted that the wetland area at the northeast portion of the site is not a natural pond, but rather was created as a storm water treatment pond. He stated that, from a wetland priority standpoint, the southerly wetland is more important to preserve. He stated that the replacement plan meets the requirements of the Wetland Protection Act and recommended approval. Manager Johnson asked staff to comment on the type of landscaping and plantings that would be required under the plan. Director Moore stated that this area was under the jurisdiction of the Army Corps of Engineers when it was dredged and constructed as a storm water treatment pond. A landscaping plan was approved at the time the storm water treatment pond was created. The developer is required to comply with that plan. Motion was made by Councilmember Anderson, seconded by Councilmember Black, to adopt RESOLUTION 96-291 APPROVING FILLING WETLANDS AND THE WETLAND REPLACEMENT PLAN FOR HOLLY CREEK 5TH ADDITION (96005). Motion carried, six ayes. Councilmember Wold requested that residents who spoke on this issue be notified of future actions relating to this development. Director Hurlburt stated that all area residents will be notified when the next application is submitted. Mrs. Path stated that she had spoken to Councilmember Anderson prior to the meeting and she was dissuaded from doing a detailed presentation at this meeting. She said he indicated to her that he would not approve the concept plan. Councilmember Anderson responded that he had no intention of misrepresenting anything. He stated that the proposed road alignments clearly have &e least impact on the wetlands on the site. The concept plan has been approved, but the alternative buffers were denied. Regular Council Meeting May 15, 1996 Page 15 Councilmember Preus stated that there could have been miscommunication on the issue, but Councilmember Anderson has attempted to impact the concept plan relating to buffers where the Council has some discretion. He said that it would not be appropriate to deny the concept plan because the applicant supplied a plan that meets the City's requirements. Motion carried, six ayes. Terry Richardson stated that had she believed the Council would approve the concept plan, she would have presented additional information on this issue showing a videotape of the area Item 8-A-1 East Medicine Lake Blvd. Pedestrian/Bike Safety Improvements Motion was made by Councilmember Wold, seconded by Councilmember Preus, to receive the report on Pedestrian/Bike Safety Improvement Alternatives on EaFt Medicine Lake Blvd. Motion carried, six ayes. Motion was made by Councilmember Wold, seconded by Councilmember Preus, to adopt RESOLUTION 96-292 ESTABLISH PUBLIC HEARING ON ONE-WAY SYSTEMS AND CLOSING A SEGMENT OF EAST MEDICINE LAKE BLVD. FOR MOTORIZED VEHICLES, establishing the hearing for June 19 at 7 p.m. Motion carried, six ayes. Item 8-B-1 Report on Speed Humps on South Shore Drive Councilmember Preus noted that the study on the effect of speed humps installed on South Shore Drive indicates that they have significantly reduced traffic speed. The study indicates that speed humps have caused all but 8 percent of the vehicles to travel within the posted speed limit of 30 mph. Prior to their installation, 44 percent of vehicles exceeded the posted speed limit. He asked why the speed humps have not had an impact on vehicles traveling over 50 mph. Public Works Director Moore responded that speed humps would have no effect on vehicles traveling over 50 mph. This was tested by the subcommittee. Deputy Mayor Lymangood noted that this area was also targeted by the City's traffic enforcement unit. Public Safety Gerdes stated that these efforts will continue. Scott Nielsen, 10314 South Shore Drive, stated that motorists do slow down at the speed hump, but then accelerate until the next speed hump. Regular Council Meeting May 15, 1996 Page 16 The City Council accepted the report on the results of speed hump effect on vehicle speed on South Shore Drive. Item 8-11-2 South Shore Drive; Set Hearing on Street Closure Motion was made by Councilmember Granath, seconded by Councilmember Black, to adopt RESOLUTION 96-293 ESTABLISH PUBLIC HEARING CLOSING A SEGMENT OF SOUTH SHORE DRIVE TO MOTORIZED VEHICLES. Councilmember Granath stated that he has been working with residents in the South Shore Drive area for some time regarding options to alleviate traffic concerns. He stated that special circumstances warrant closing of the roadway at Bassett Creek. It is lawful that the City take this action, and this roadway was closed at one time. There have been safety problems in this area including fatalities. The existing drinking establishments also make this area unique. Councilmember Granath stated that he would not urge adoption of any measure that would affect the safety of Plymouth or Medicine Lake residents, and he has weighed all factors carefully. He believes that safety will be enhanced by closing the roadway. Deputy Mayor Lymangood acknowledged receipt of letters from Medicine Lake Mayor Schrader and Councilmember O'Toole. Councilmember Wold clarified that the motion is to set the public hearing. He believes that this issue deserves to be discussed at a public hearing. Dave Buzzelle, 10222 South Shore Drive, supported setting of the public hearing. He stated that even with the speed hump installation, three signs were knocked down and there were tire tracks on his property. John O'Toole, Medicine Lake Councilmember, spoke on behalf of the City of Medicine Lake. He said that the City of Medicine Lake strongly opposes this action. They believe it is unnecessary and that there are less restrictive alternatives. The facts do not justify this action. He stated that only a few people will be favorably impacted by closure of the street, while hundreds will be adversely impacted. He believes the action is arbitrary and capricious. The study recently conducted indicated that speeding and traffic have been positively impacted by the speed humps and enforcement. He said that the City of Medicine Lake has legitimate concerns about emergency vehicle ingress and egress, particularly in the event of a railroad accident. Mr. O'Toole stated that the result of the street closure is that the traffic will be redirected by the South Shore Park, and ultimately the congested intersection of South Sore Drive and Highway 55. He said that closure of the road will Regular Council Meeting May 15, 1996 Page 17 fragment the Medicine Lake neighborhoods. The Country House establishment is under new management who is committed to changing their clientele. New patrons of that business have indicated they are having difficulty locating the Country House. Mr. O'Toole believes that closure of the road would have a significant impact on the business of the Country House, perhaps closing the establishment. He stated that citizens of Medicine Lake are unaware of this proposed action, and requested that the hearing be held in late summer to provide ample time to notify citizens of the public hearing. Scott Nielsen, 10314 South Shore Drive, stated that the City of Medicine Lake has two liquor establishments, but surrounding residents have to deal with the resulting traffic. He stated that the road was closed for one month and no problems were noted, and the liquor establishments did not lose business during that time. He supports closing the roadway. Councilmember Preus stated he will vote in favor of setting the public hearing because he wants to hear all information on the issue. Motion carried, five ayes; Anderson nay. Item 8-C Peony Lane/19th Avenue Traffic Safety Motion was made by Councilmember Wold, seconded by Councilmember Black, to approve the recommendation of the City Council Subcommittee to install two speed humps on Peony Lane/19th Avenue northerly and southerly of the 19th Avenue intersection to reduce speeding on this minor collector street. Motion carried, six ayes. Item 8-1) (6-F) Amend Contract for Goose Relocation Councilmember Black asked if the City has investigated more proactive methods of discouraging the goose problem in the City. Public Safety Director Gerdes stated that there are mitigation efforts that individual homeowners can take to discourage geese, such as not mowing areas abutting wetlands or using specific plantings. The City has investigated other methods such as egg shaking for geese reduction. In 1992, the City did not engage in the removal program and the goose problem greatly increased. Councilmember Black stated that the cost of this program is increasing and suggested that the Environmental Quality Committee review the issue to determine if there are more proactive approaches the City could take. Regular Council Meeting May 15, 1996 Page 18 Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 96-294 AUTHORIZING PARTICIPATION IN THE 1996 GOOSE RELOCATION PROGRAM AND TRANSFERRING FUNDS TO COVER ADDITIONAL COSTS. Motion carried, six ayes. Item 8-E (6-1) BRW, Inc./TURCK, Inc. Lot Division, Site Plan and Variance 96040) Councilmember Black expressed concern about the variance request. The applicant is requesting a 35 percent impervious surface coverage versus the 25 percent coverage permitted by the ordinance. She stated that this is one of four portions of the parcel. Part of this site is not actually in the floodplain; however, property farther to the south is in the floodplain. Community Development Director Hurlburt stated that part of this property is within the Shoreland Overlay District. In 1994, the City adopted new Shoreland Overlay District regulations that reduced permitted impervious coverage from 35 percent to 25 percent in response to new DNR regulations. The revised regulations also increased the area impacted by the impervious coverage requirements. Previously, impervious coverage requirements applied only to the property within the Shoreland Overlay District. Under the current regulations, Shoreland regulations apply not only to the property covered by the District but to the entire parcel that contains any land within the Shoreland Overlay District. The entire property is therefore subject to the regulations of the Shoreland Over --y District, with a maximum impervious coverage allowed of 25 percent. She explained that the applicant has stated that their plan does not include any impervious coverage within the 300 foot Shoreland Overlay District; however, a variance is required even when only a small portion of the entire parcel is subject to Shoreland regulations. Director Hurlburt stated that the DNR regulations cause a hardship to applicants who have platted their property prior to the technical law change. Councilmember Black stated that a significant portion of this parcel remains to be developed and additional similar variances may be requested in the future. More variances will add impervious surface which impacts water quality. She does not approve granting this variance without knowing the impact on the entire future development. Regular Council Meeting May 15, 1996 Page 19 Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 96-295 APPROVING LOT DIVISION FOR TURCK, INC. FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF SCHMIDT LAKE ROAD (96040), and RESOLUTION 96-296 APPROVING SITE PLAN AND VARIANCE FOR TURCK, INC., FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF SCHMIDT LAKE ROAD AND FERNBROOK LANE (96040). Miles Lindberg, 700 3rd Street South, Mpls., BRW, represented Hoyt Properties. He stated that this development proposal is being made after working for three years to get public improvements to serve the property. When the zoning of the property was considered, a detailed general development plan was prepared because the applicant was aware that the parcel size would require an Environmental Assessment Worksheet (EAW). The EAW was approved by the City Council and the entire water quality issue was analyzed by the Corps of Engineers and DNR. The Wetland Replacement Plan has also been approved by the City. He stated that all impervious surface proposed for this parcel and other areas of the site have been factored in. This specific variance is the result of a DNR change. Technically, a variance is required, but the plan meets water quality requirements. Motion carried, four ayes; Granath and Black nay. Item 8-F (6 -BB) Interim Ordinance Temporarily Prohibiting New Advertising Signs Deputy Mayor Lymangood acknowledged a letter received from the law firm of Popham Haik on the proposed interim ordinance temporarily prohibiting the installation of new advertising signs. Tom Radio, Popham & Haik, represented 3M Media. He stated that they have reviewed the staff report . He stated that 3M Media submitted an application for a sign permit in March and received a letter from the City at the end of April indicating that the application was received. A second application was submitted earlier flus week. Mr. Radio stated that the City has the right to adopt an interim ordinance, but a single project cannot be stopped by adoption of a moratorium. He believes that pending applications cannot be put on hold. Mr. Radio stated that he is concerned that if the Council adopts the interim ordinance, the staff may use that to deny or table the two pending applications. Staff has indicated that the requests meet the ordinance requirements. Mr. Radio said that even if the interim ordinance is adopted and the permit applications are suspended for a year or more, the applicant would submit the requests as a nonconforming use. He said that the City is undergoing a Regular Council Meeting May 15, 1996 Page 20 comprehensive review of the zoning ordinances, but has failed to review the sign ordinance. The City had the opportunity to prohibit an advertising sign on the property at 3005 Niagara Lane North in 1982 when approval of the site plan for Volp Construction Company contained a condition which required the removal of an exist,*.-.gl advertising sign. The City did not prohibit a new sign on the property; the condition was that the existing sign be removed. Manager Johnson explained that the City has been reviewing the zoning ordinance for a number of months. The sign regulations are part of that review, but it will take several more months to complete. Staff feels that an interim ordinance will protect the planning process. He stated that the Council has discretion on whether to adopt an interim ordinance. The Council could adopt the moratorium, take no action, or adopt the moratorium excluding the pending applications. Staff believes all options are defensible. Mr. Radio explained that 3-M Media has leased the property at 3005 Niagara Lane North. He understands that the City wants to complete a comprehensive review of ordinances; however, that should not apply to pending applications that have received full staff approval for permit issuance. Councilmember Anderson asked if pending applications were exempted in previous situations when the Council considered adoption of an interim moratorium ordinance. Attorney Knutson stated that under the 60 -day rule, the City must act on the application within 60 days. If a moratorium is adopted, the City would have acted because the application would be denied. Director Hurlburt stated that the interim ordinance on drive-through facilities did not exempt pending applications, while the wetlands and tree preservation ordinances dealt with applications in progress. Motion was made by Councilmember Granath, seconded by Councilmember Black, to adopt ORDINANCE 96-10 AN INTERIM ORDINANCE TEMPORARILY PROHIBITING NEW ADVERTISING SIGNS, and RESOLUTION 96-297 DIRECTING CITY STAFF TO PREPARE A STUDY CONCERNING THE REGULATION OF ADVERTISING SIGNS. Councilmember Preus noted that the interim ordinance would establish a moratorium through April 30, 1997. Another alternative would be to institute a six month morater-lim. He asked if six months would be reasonable for a full staff study on the issue. Regular Council Meeting May 15, 1996 Page 21 Manager Johnson responded that it is unlikely the work could be completed in six months. Councilmember Anderson stated that he would favor a six-month moratorium, which could be extended by the Council if necessary. Motion to amend was made by Councilmember Anderson, seconded by Councilmember Preus, that the interim ordinance remain in effect until November 15, 1996. In response to a question by Councilmember Granath, Director Hurlburt stated it is unlikely the work could be completed in six months. Motion to amend failed: Anderson aye; five nays. Motion carried, six ayes. City Attorney Knutson clarified that the adopted ordinance applies to pending applications. Item 8-G Reconsider Item 6-H - Holly Creek 5th Addition Councilmember Anderson referenced previous citizen comments on Item 6-H, Concept Plan for Holly Creek 5th Addition. He stated that he takes the allegations that he misrepresented something to citizens very seriously. He requested that Reconsideration of Item 6-H be placed on the June 5 agenda. Community Development Director Hurlburt stated that the 60 -day deadline for review is up before that date. Motion was made by Councilmember Anderson, seconded by Deputy Mayor Lymangood, to reconsider Item 6-H: application of Scherber partnership properties c/p Loucks and Associates, Inc., for planned unit development concept plan for Holly Creek 5th Addition located north of 39th Avenue and west of Dunkirk Luna. Councilmember Preus appreciated the sentiments, but believed that the comments made by residents were unfair. He would not vote to deny the concept plan because nothing the residents said they might have presented would change his vote. Councilmember Black agreed. She stated that a decision has already been made and all affected parties have left the Council meeting. Regular Council Meeting May 15, 1996 Page 22 Councilmember Granath stated that he has heard both sides of this issue and does not believe the issue should be reconsidered. Councilmember Anderson stated that it is appropriate to reconsider the issue. One of the residentQ wanted to present a videotape, and he advised her that it would be more appropriate to do so at a later time since this is only the stage to consider the concept plan. Deputy Mayor Lymangood stated that if the Council does not reconsider the item then it prevents the Council from revisiting the Concept Plan. He suggested that the Council vote to reconsider the issue and then discuss the available options. Motion to reconsider carried: Anderson, Wold, Black, and Lymangood ayes; Preus and Granath nays. Deputy Mayor Lymangood suggested that the issue could be tabled to a special meeting where the videotape could be shown or it could be shown at this time. Motion was made by Councilmember Anderson, seconded by Councilmember Black, to table reconsideration of Item 6-H to a special meeting on May 20 at 6:00 p.m. Director Hurlburt stated that all parties present at this meeting will be notified of the special meeting. Councilmember Preus stated that he doesn't believe anything on the tape could change his vote on the item. Motion to table carried, five ayes; Preus nay. Motion was made by Councilmember Wold, seconded by Councilmember Preus, to adjourn the meeting at 10:00 p.m. Motion carried, six ayes. City Clerk