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.
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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.
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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.
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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
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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
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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