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HomeMy WebLinkAboutCity Council Minutes 11-06-1996Minutes Regular Council Meeting November 6, 1996 The regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m., in the City Council Chambers, 3400 Plymouth Blvd., on November 6, 1996. COUNCIL PRESENT: Mayor Tierney; Councilmembers Black, Anderson, Wold, Lymangood, Preus, and Granath ABSENT: None 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 3 Forum No one appeared for the Plymouth Forum. Item 4-A Update on County Road 9 Project Public Works Director Moore presented an update on the County Road 9 construction project, as requested by Councilmember Lymangood. The project is scheduled for completion in about a week. The final wearing surface, sodding, and walkways are scheduled for installation in 1997. Councilmember Lymangood asked if the roadway will be opened as two or four -lanes. Director Moore responded that it will be opened for four lanes of traffic; however, the outside lanes may be periodically closed to allow for paving of walkways. Update on West Medicine Lake Drive Project Public Works Director Moore said that West Medicine Lake Drive from 18`h Avenue to 23rd Avenue will be closed from November 12 through 16 so that connections from the new to the existing roadway can be made. Regular Council Meeting November 6, 1996 Page 2 Update on Zoning Ordinance and Recreational Vehicles Community Development Director Hurlburt announced that on October 29 the City Council held a special meeting and directed staff and the Planning Commission to remove from the draft Zoning Ordinance all proposed restrictions relating to recreational vehicles. Councilmember Black clarified that the language in the City's existing Zoning Ordinance will remain unchanged with respect to recreational vehicles. Item 5 Approve Agenda Manager Johnson said that Fazendin Brothers, Inc., has requested that Item 6-J be tabled to November 20. He also recommended that Item 6-T be tabled to November 20 since a change to the drainage plan was received this afternoon. Item 6 -LL was also recommended for tabling to November 20. Councilmember Preus requested that establishment of a subcommittee to consider appointments to City boards and commissions be added to the agenda as Item 8-E. Councilmember Lymangood requested addition of Item 9-A, recognition of Wayzata Girls Soccer Team for winning the state tournament. Motion was made by Councilmember Wold, seconded by Councilmember Lymangood, to approve the agenda with the addition of Items 8-E and 9-A, and tabling Items 6-J and 6 -LL to November 20. Councilmember Wold noted that his motion does not include tabling of Item 6-T because there are residents present to speak on the item. He would like residents to have the opportunity to speak on the item and then tabling can be considered. Motion carried, seven ayes. Item 6 Consent Agenda Items 6-C, 6-E, 6-I, 6-M, 6-0, 6-Q, 6-R, 6-S, 6-T, and 6-U were removed from the Consent Agenda. Manager Johnson announced that a correction to Item 6-A has been distributed, as well as additional information on Items 6-E, 6 -JJ, and 6-0. Item 6-M1 includes an alternate resolution that was requested by Councilmember Lymangood. Regular Council Meeting November 6, 1996 Page 3 Motion was made by Councilmember Preus, seconded by Councilmember Black, to approve the Consent Agenda as amended. Motion carried, seven ayes. Item 6-A Approve Minutes Motion was made by Councilmember Preus, seconded by Councilmember Black, to approve the minutes of the October 1 Special Council Meeting, the October 2 Regular Meeting (as amended), and the October 29 Special Meeting. Motion carried, seven ayes. Item 6-B Approve Disbursements Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-587 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING OCTOBER 25,1996. Motion carried, seven ayes. Item 6-D Deny request for Lot Division, Ali Mahabadi (95041) Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-588 DENYING LOT DIVISION AND VARIANCES FOR ALI MAHABADI FOR PROPERTY LOCATED AT 12305 -30TH AVENUE NORTH (95041). Motion carried, seven ayes. Item 6-F Conditional Use Permit, Sinclair Oil Corp. (96123) Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-589 APPROVING CONDITIONAL USE PERMIT FOR SINCLAIR OIL CORPORATION FOR PROPERTY LOCATED AT 9605 -36TH AVENUE NORTH (96123). Motion carried, seven ayes. Item 6-G Conditional Use Permit, Carlson Real Estate Company (96133/96134) Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-590 APPROVING CONDITIONAL USE PERMIT FOR CARLSON REAL ESTATE TO ALLOW LIMITED RETAIL SALES FOR ALLIED FIRESIDE, INC., LOCATED IN THE NORTHEAST QUADRANT OF CARLSON PARKWAY AND I-494 96133). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-591 APPROVING CONDITIONAL USE PERMIT FOR CARLSON REAL ESTATE TO ALLOW LIMITED RETAIL SALES FOR CAL SPAS OF MINNESOTA, INC., LOCATED IN THE NORTHEAST QUADRANT OF CARLSON PARKWAY AND I-494 (96134). Motion carried, seven ayes. Regular Council Meeting November 6, 1996 Page 4 Item 6-H Restrictive Covenant for Life Time Fitness and Ice Arena Motion was made by Councilmember Preus, seconded by Councilmember Black, to approve the Declaration of Restrictive Covenant for Life Time Fitness and Ice Arena and to authorize signatures of the Mayor and City Manager. Motion carried, seven ayes. Item 6-K Naming of Plymouth/Life Time Recreation Facilities Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-592 CALLING FOR THE OFFICIAL NAME OF FACILITIES. Motion carried, seven ayes. Item 6-L Guidelines for Low -Income Access to Life Time Fitness Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-593 ADOPTING PROPOSAL FOR LOW INCOME RESIDENTS DAILY PASS ACCESS TO LIFE TIME FITNESS. Motion carried, seven ayes. Item 6-N Approve Exemption from Lawful Gambling License Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-594 FINDING NO OBJECTION TO LAWFUL GAMBLING EXEMPTION FOR OAKWOOD ELEMENTARY SCHOOL PTO. Motion carried, seven ayes. Item 6-P Hennepin County Waste Delivery Agreement Extension Motion was made by Councilmember Preus, seconded by Councilmember Black, to authorize the signatures of the Mayor and City Manager on the two year Hennepin County Waste Delivery Agreement extension. Motion carried, seven ayes. Item 6-V Olympic Steel, Site Plan Amendment (96142) Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-595 APPROVING A SITE PLAN AMENDMENT FOR OLYMPIC STEEL, INC., FOR PROPERTY LOCATED AT 625 XENIUM LANE NORTH (96142). Motion carried, seven ayes. Item 6-W Site Improvement Performance Agreement Reductions Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-596 REDUCING SITE IMPROVEMENT PERFORMANCE GUARANTEE, CALIBER DEVELOPMENT CORP./BASS LAKE BUSINESS CENTRE II (96029). Motion carried, seven ayes. Regular Council Meeting November 6, 1996 Page 5 Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-597 REDUCING SITE IMPROVEMENT PERFORMANCE GUARANTEE, CALIBER DEVELOPMENT CORP./NORTHWEST BUSINESS CENTRE (95131). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-598 REDUCING SITE IMPROVEMENT PERFORMANCE GUARANTEE, FOUR SEASONS II, L.L.C./FOUR SEASONS MALL (96111). Motion carried, seven ayes. Item 6-X Belgarde Enterprises, Home Depot (96153) Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-599 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR BELGARDE ENTERPRISES FOR "ANNAPOLIS DEPOT ADDITION" LOCATED IN THE NORTHEAST QUADRANT OF I-494 AND COUNTY ROAD 6 (96153). Motion carried, seven ayes. Item 6-Y Disapprove sending copy of correspondence to County Commissioners Motion was made by Councilmember Preus, seconded by Councilmember Black, to disapprove sending a copy of the handwritten calculations of captured tax increment tax capacity values to the Hennepin County Commissioners. Motion carried, seven ayes. Item 6-Z Janco, Inc., Conor Meadows (96113) Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-600 APPROVING LAND USE GUIDE PLAN AMENDMENT FOR JANCO, INC., FOR PROPERTY LOCATED AT 4860 PEONY LANE NORTH (96113). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-601 APPROVING A PRELIMINARY PLAN/PLAT FOR JANCO INC., FOR PROPERTY LOCATED AT 4860 PEONY LANE NORTH (96113). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-602 APPROVING ZONING ORDINANCE VARIANCES FOR JANCO, INC., FOR PROPERTY LOCATED AT 4860 PEONY LANE NORTH (96113). Motion carried, seven ayes. Regular Council Meeting November 6, 1996 Page 6 Item 6 -AA Award Proposal for Parks and Recreation Software Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-603 AWARD OF PROPOSAL FOR PARKS AND RECREATION SOFTWARE. Motion carried, seven ayes. Item 6 -BB Contract for West Medicine Lake Park Improvements, Project 330 Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-604 AWARDING BID, WEST MEDICINE LAKE PARK IMPROVEMENT - PHASE II, CITY PROJECT NO. 330. Motion carried, seven ayes. Item 6 -CC Set Hearing on Vacation in Parkers Lake Corporate Center 7'h Addition Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-605 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENTS, OUTLOT A, PARKERS LAKE CORPORATE CENTER 7TH ADDITION. Motion carried, seven ayes. Item 6 -DD Set Hearing on Vacation of Larch Lane Right-of-way Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-606 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF PART OF LARCH LANE RIGHT-OF-WAY, ELMHURST, HENNEPIN COUNTY, MN. Motion carried, seven ayes. Item 6 -EE Order Street Lighting Improvements Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-607 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING, WESTBRANCH 3RD ADDITION (PHASE 11). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-608 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING, WESTBRANCH 3 RD ADDITION (PHASE 11). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-609 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING, PARK WOODS TOWNHOMES. Motion carried, seven ayes. Regular Council Meeting November 6, 1996 Page 7 Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-610 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING, PARKWOODS TOWNHOMES. Motion carried, seven ayes. Item 6 -FF Agreements with MnDOT for Traffic Signal Improvements Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-611 HIGHWAY 55 AT COUNTY ROAD 101/PEONY LANE SIGNAL REVISIONS, CITY PROJECT NO. 502. Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-612 HIGHWAY 55 AND INDUSTRIAL PARK BOULEVARD TRAFFIC SIGNAL, CITY PROJECT NO. 619. Motion carried, seven ayes. Item 6 -GG Accept Third Quarter Financial Report Motion was made by Councilmember Preus, seconded by Councilmember Black, to accept the Third Quarter 1996 Financial Report. Motion carried, seven ayes. Item 6 -HH Reducing Accrued Interest on Beyer Special Assessments Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-613 APPROVING A REDUCTION OF ACCRUED INTEREST ON ELMER AND LORRAINE BEYER'S SPECIAL ASSESSMENTS. Motion carried, seven ayes. Item 6 -II Approve Labor Contract with LELS representing Plymouth Sergeants Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-614 APPROVING THE LABOR AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND PLYMOUTH SERGEANTS REPRESENTED BY LAW ENFORCEMENT LABOR SERVICES (LELS) FOR CALENDAR YEAR 1997. Motion carried, seven ayes. Item 6 -JJ Award Bid for Ice Arena Windows and Doors Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-615 AWARDING CONTRACT FOR ALUMINUM STORE FRONT, WINDOWS AND DOORS. Motion carried, seven ayes. Regular Council Meeting November 6, 1996 Page 8 Item 6 -KK Council Guidance on 1997 Budget Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-616 APPROVING GUIDANCE FOR CONCLUDING DELIBERATIONS ON PROPOSED 1997 BUDGET. Motion carried, seven ayes. Item 6 -MM Goldridge Group, Daycare and Office Building (96125) Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-617 APPROVING SITE PLAN, CONDITIONAL USE PERMIT, AND TWO ZONING VARIANCES, AND DENYING ONE ZONING VARIANCE FOR GOLDRIDGE GROUP FOR PROPERTY LOCATED NORTH OF HIGHWAY 55 AND SOUTHWEST OF HARBOR LANE (96125). Motion carried, seven ayes. Item 6 -NN Establish Special Council Meeting on December 9 Motion was made by Councilmember Preus, seconded by Councilmember Black, to establish Monday, December 9, 1996, at 7 p.m. as a Special Council meeting for the purpose of city council orientation and transition. Motion carried, seven ayes. Item 8 -Aa (6-T) Henry Lazniarz, Ferndale Place Addition (96038) Councilmember Wold reported that he has met with residents who have concerns with the proposed Ferndale Place development. Roger Anderson, 7415 Wayzata Blvd., stated he is the Civil Engineer on the project. At the Planning Commission meeting, the developer recommended that a small pond be added to the project and this change is currently under engineering review. He suggested that the item be tabled until the review is complete. Councilmember Wold said that residents have expressed concerns about the drainage situation in the area. He noted that the pond is proposed for construction in the northwest portion of the site. He asked where the storm water will be directed and about the elevation of the pond. Mr. Anderson responded that the normal pond elevation is approximately two feet above the existing ground. A retaining wall, to be incorporated into the landscaping plan, is proposed on three sides of the pond. He said the drainage plan meets the requirements of the watershed district and the City. The developer met with residents during early planning of the project, but he did Regular Council Meeting November 6, 1996 Page 9 not recognize that the drainage issues would be subject to discussion. He would be willing to meet with residents again. Councilmember Preus had also met with residents, and he said residents expressed reasonable concerns about drainage and how water flows may impact their properties. He stated that a meeting of the developer and the property owners to discuss the new elements of the development proposal regarding drainage would be helpful. Councilmember Black agreed. S. M. Ackerberg, 18900 12`h Avenue North, supported tabling the issue to November 20 so that the developer can meet with the residents. Councilmember Black said she has met with the residents and they described a problem of a storm sewer pipe and culvert that drains water to Hadley Lake. She said the culvert is over 20 feet deep in certain places and 3 to 4 feet wide which could be a dangerous situation. This should be addressed in the Surface Water Management Plan. Carolyn Ackerberg, 18900 12`h Avenue North, spoke on behalf of Gloria Lindberg. She supported tabling the item to November 20 to have time to meet with the developer. Henry Lazniarz, developer of the project, was present to answer questions. Councilmember Wold agreed that the culvert described by Councilmember Black needs to be addressed. He said the culvert has a straight drop of at least 20 feet, and he directed staff to immediately begin addressing the issue. He thanked the developer for his willingness to meet with area residents. Motion was made by Councilmember Black, seconded by Councilmember Wold, to table the rezoning and preliminary plat request of Henry Lazniarz for Ferndale Place located at the northeast corner of 12`h Avenue and Ferndale Road (96038) to November 20. Motion carried, seven ayes. Item 8-A Proposed Noise Ordinance, City of Plymouth (96094) Councilmember Black said that she requested a report on options to address noise source control in Plymouth be presented to the City Council for consideration. She has been working with a neighborhood on issues relating to noise problems from an adjacent business, and she supports finalizing a noise ordinance. She would like the opportunity to work with the business involved, but would recommend that the ordinance be finalized and considered for adoption of the City Council. Regular Council Meeting November 6, 1996 Page 10 Planning Supervisor Senness said that staff has been addressing the noise issue relating to the Ameridata property for about two years. She said that the draft noise ordinance had substantial input from a noise consultant. Noise is currently regulated in the City Code only by hours. The draft ordinance proposes measurable standards for loading docks that exist within 300 feet of a residential area. She said that there have been mixed reactions to the draft ordinance. Commercial and industrial property owners have raised concerns about whether they will be able to continue operating their loading docks, and they have asked for clarification on the level of truck noise that would be acceptable under the proposed ordinance. The owner of the Ameridata building has contacted the City in writing and indicated that legal action will be taken if the ordinance forces Ameridata to cease its lease of the building. Residents support the proposed ordinance as moving in the right direction. Supervisor Senness said that staff considered alternatives in developing the draft ordinance, including the model noise ordinance prepared by the League of Minnesota Cities. Other options would be to consider a stronger nuisance ordinance or to make no change and retain the existing regulations. The City Attorney has advised that the City's current nuisance ordinance is lacking in a number of areas. Councilmember Preus stated that the Ameridata business has been mentioned with respect to the noise issue; however, there are other businesses where noise is a problem as well. Supervisor Senness said there are other areas of the City where loading docks are less than 300 feet from residential areas. Ameridata is the only business that has documented citizen noise complaints. In response to a question by Councilmember Preus, Supervisor Senness explained that Ameridata has a five-year building lease. A letter has been received from the building owner's attorney indicating that legal action will be taken should Ameridata seek to cancel their lease due to city actions with respect to the proposed noise regulations. Councilmember Preus asked how the other options outlined in the staff report would differ with respect to potential legal action. Supervisor Senness explained that there is differing opinion on whether the proposed noise ordinance is more restrictive than the PCA standards. If the ordinance is more restrictive, then legal action opposing the ordinance is more likely. In addition, it is not known what level of loading dock truck noise could cause a problem. Regular Council Meeting November 6, 1996 Page 11 Mayor Tierney said that she had received a phone call from a resident complaining of noise from an abutting industrial area. She said that impacts from the speed hump on 19`h Avenue could also be perceived as a noise problem. Councilmember Black asked staff to explain efforts taken to limit noise and lighting impacts of the Ameridata site on the abutting residential neighborhood. Supervisor Senness said that access to the loading dock area has been chained so that trucks cannot use the loading docks overnight. However, an Ameridata representative indicated that they have had problems of truckers opening the gate. They are currently installing a lock on the gate. They have also installed softer, hooded lights and do not used the PA system after 5 p.m. in the loading dock area. Dave Johnson, 17435 County Road 6, referenced the portions of the draft ordinance relating to service stations and shopping centers. He is sensitive to noise concerns, particularly when commercial or industrial property abuts a residential area. His business has resolved concerns with the residential neighbors. He believes that it would be difficult to operate a service station under the proposed ordinance because of the decibel level standards. He also noted that much of the noise from a shopping center is generated by the public and relates to doors slamming and car alarms. He questioned who will judge what qualifies as "excessive impulsive noises" because it seems ambiguous. K. Sams, 4310 Rosewood Lane, represented Olympic Steel. He said that Olympic Steel has been located at Xenium Lane and Carlson Parkway for 20 years, and it was originally the only building in the area. Residential use was later developed on the abutting parcel. He is concerned that the proposed ordinance could require closing the business because there is continual truck traffic and much noise associated with the steel business. He understands resident concerns about excessive noise, but when an individual builds or buys a home adjacent to a heavy manufacturing use, they have some inherent risks. Mr. Sams explained that trains and trucks use his facility at all times, day and night. If the doors are open, a significant amount of noise leaves the building. He is also concerned with how the amount of noise will be judged and said that the business interests of Olympic Steel need to be protected. James Steilen said he is an attorney with Popham Haik, 3300 Piper Tower, representing Ameridata. He said that when Ameridata located in Plymouth, it was in the middle of an industrial area. They purchased a lot large enough for Regular Council Meeting November 6, 1996 Page 12 the business to grow. The City later rezoned the adjacent property to residential, making no provision for buffering. Ameridata then completed its expansion. He said that Ameridata has engaged in sound planning and is a good corporate citizen. It is unfair to enact an ordinance that will almost certainly close down their operations. Mr. Steilen explained that most industries operate on a just -in -time deliver system and they don't store materials for long periods of time. Ameridata has a distribution warehouse in this facility, and truck drop off and pickup of material occurs until about 9:30 p.m. He believes that the proposed noise ordinance would be far too restrictive. Mr. Steilen said that Ameridata's expansion and $16 million in lease obligations were approved by the City. He explained the actions that Ameridata has taken to limit the noise and lighting concerns. The PA speakers are not used after 5 p.m. and chains have been installed so that trucks cannot park overnight near the neighbors. Light guards have been installed, and an expert has been hired to advise the company on how to reduce noise. Ameridata has experimented with machinery and tires, and they are willing to pursue other suggestions. However, this is an industrial area and there will be noise such as air brakes, truck idling, and forklifts. Mr. Steilen called the proposed ordinance "clever legal draftmanship", but questioned whether it is wise policy to structure noise and lighting issues as crimes rather than land use issues because the City would not have the flexibility to use variances, grandfathering, or a compliance period. He asked if some businesses would have to close immediately, and what would occur if a business tried to resolve a noise problem by building a sound wall and it didn't work. Mr. Steilen said that Ameridata believes that the existing state regulations are adequate, and a City cannot have more stringent regulations. He believes that the proposed ordinance is much more severe that the existing state law. Mr. Steilen said there is a technical fallacy in the City consultant's arguments. He is willing to meet with residents to discuss their concerns. He has heard that some residents may be willing to settle, with the landlord possibly willing to contribute toward that settlement. He believes that the City should also contribute toward any settlement. Councilmember Black asked Mr. Steilen to explain his comment that there is a technical fallacy in the consultant's arguments. Mr. Steilen said that the City's consultant prepared a paper to show that the proposed ordinance is not more restrictive than the state standard. However, it assumed that sound would be measured at the border of the property. Mr. Steilen said the State would not measure sound from the border of the Regular Council Meeting November 6, 1996 Page 13 property, but would likely measure sound from the deck of a residential property. This difference could be over 50 feet which would make the proposed City standard more restrictive than the State standard. Councilmember Black said she has shown a preliminary draft of the ordinance to the PCA, and they did not think it would be a problem. The State standards are broadly written and are not intended to cover specific situations. The City could tailor specific laws to meet the State standards. She asked why it took almost two years for Ameridata to make some of the noise and lighting improvements that it agreed to do. Mr. Steilen said he has been retained only since August, but he will forward the concern for a response. He added that the State regulations are quite detailed with specific references. He said that the MPCA did not have millions of dollars at stake when reviewing the draft ordinance. The ordinance has been closely reviewed in the last few months by individuals with much at stake. Mayor Tierney asked if the Council is interested in taking action this evening. Councilmember Black said she would like to hear from all residents wishing to speak on the issue. Councilmember Anderson suggested that a meeting could be held between the neighborhood and Ameridata, and the City Attorney could review the proposed ordinance. He does not wish to take action until this occurs. Councilmember Black said she would be happy to have another meeting with the neighborhood. She has never had a meeting with Ameridata or the owner of the building that Ameridata leases. She believes that the residents deserve some action to address their concerns. Jim McCleary, Shorewood, Minnesota, said he owns the building in which Ameridata is located. He said the business moved to Plymouth several years ago from Brooklyn Park bringing hundreds of jobs into the community. The City provided tax increment financing assistance to help with the Ameridata development process. Ameridata has tried various options over the last two years to resolve the noise and lighting concerns. He said that problems did not begin until the vacant land adjacent to Ameridata was developed for residential use. Mr. McCleary believes there is a possibility of property devaluation to the business, that the proposed ordinance is specifically addressed toward Ameridata, and that the proposed ordinance is stricter than the MPCA standards. Mr. McCleary said he likes to resolve issues in a Regular Council Meeting November 6, 1996 Page 14 practical, fair way for all parties, but he does not believe that it is the fault of Ameridata that this has occurred. He will be cooperative and work toward a solution, but wants his rights protected as well. In response to a question by Councilmember Preus, Mr. McCleary said that of the available options, he would favor adoption of the League of Minnesota Cities' Model Noise Ordinance. Councilmember Lymangood reiterated that Ameridata is not being singled out in the proposed ordinance. He asked when Mr. McCleary last met with the neighbors regarding their concerns. Mr. McCleary said he has not been invited to meet with the neighbors. He recently left the company and the Ameridata issues were previously handled by company staff members. He was advised as to what was occurring with the situation, but the company thought it best that he meet with City officials; not with area residents. Mayor Tierney said when she last met on this issue, a meeting with the neighbors was to be scheduled in September. She suggested that this meeting could still be scheduled. Councilmember Black said that speakers have commented that the proposed ordinance is directed toward Ameridata. She clarified that the Ameridata situation has brought to the City's attention that there are other similar situations, but this ordinance is in no way directed toward Ameridata. Jim Olson, 10380 51st Place North, said that residents living adjacent to Ameridata are subjected to the noise from air brakes, back-up beepers generated by 30 to 60 semi -trucks per day, trailer loading by fork lifts, slamming doors, PA systems, trash compactor activity, and snowplowing. In addition, there are impacts from truck headlights, truck flashing lights, and exterior lighting. He said there is a significant amount of activity at the business between 5 p.m. and 10 p.m. and the noise prevents residents from using their decks and yards. He believes that property values have suffered, and the problems have worsened as truck activity has increased. In the winter, noise can be heard inside residents' homes. He said the noise from Ameridata has violated the City's nuisance ordinance and State noise laws. The noise from Ameridata has measured 80 to 90 decibels on his deck. He supports the proposed ordinance because it sets specific standards and includes enforcement provisions. Regular Council Meeting November 6, 1996 Page 15 Mr. Olson stated the initial Ameridata facility was completed in September 1987. Three adjacent residences were constructed between June 1992 and January 1993, and no residential complaints about Ameridata activities were lodged until early 1994. In May 1994, residents and Mayor Tierney met with Ameridata to voice objections about the expected noise of the approved but unconstructed warehouse addition. Ameridata rejected suggestions for relocating loading docks or building a sound barrier. In November 1994, residents petitioned the City Council regarding the nuisance activity at the Ameridata facility. In April 1996, Ameridata proposed to contribute $20,000 to be divided by the three neighbors as compensation for the nuisance activity. The neighbors responded that they should be compensated for the full cost to relocate. The neighbors have suggested that if Ameridata stops all activity after 5 p.m., the business could do whatever it wanted during the day. Mr. Olson said that one practical solution is construction of a sound barrier. The City's sound expert believes that this would result in a 15 decibel reduction in noise. A sound barrier would cost about $130,000. He read a letter from Gary Frost, a resident who could not be present at the meeting. Mr. Frost indicated that his home has been for sale since September 20, and despite many showings, has not sold. Prior to listing the home, Mr. Frost was told that the value of the home is negatively impacted by the adjacent industrial site. Mr. Olson said that Ameridata was aware of the nuisance ordinance and MPCA regulations before they completed their expansion. It should have been obvious that a problem would result from installing a huge loading dock 15 feet from residential property. Councilmember Black asked how many loading docks were in operation when Mr. Olson moved to his property. Mr. Olson responded that there were three loading docks when he moved in. Now there are seven loading docks, as well as a distribution center. Greg Katchmark, 3475 Holly Lane, said the issue of noise is a concern and it impacts property values. There are other areas in the City with problems similar to Ameridata. He has 11 loading docks facing the front of his home and experiences noise from air brakes, pallet jacks, and trucks. Mr. Katchmark said that businesses can use traffic management to plan for deliveries in order to lessen the noise impact. Businesses can stage materials inside the building and agree not to empty scrap steel bins during the night. His home is 350 feet from the loading docks, but he hears and sees the operations. Regular Council Meeting November 6, 1996 Page 16 Councilmember Black thanked residents for expressing their views. She proposed that 30 days be designated in which to work with residents and the business to attempt to find a solution. She would like the issue to be placed on the December 4 agenda for action if an agreement does not appear likely by that time. Councilmember Granath concurred, noting that he has concerns about the impacts the proposed ordinance could have on businesses in the City. However, there is a problem that needs to be resolved. Councilmember Preus said that discussions have focused on Option A -- to finalize the currently drafted ordinance. He would like to also consider Option B, perhaps in an alternative form to address impulse noise. Mayor Tierney said that all options could be left open for discussion. Community Development Director Hurlburt said Option A would benefit from additional technical investigation from the noise consultant. She is unsure that work can be completed by December 4. Councilmember Lymangood read a statement from the report and asked if Ameridata has violated the MPCA standards. Planning Supervisor Senness said monitoring done in the past has shown a violation on a particular occasion. Monitoring was done by the City and the Olsons last summer. Violations were found on both occasions, but the State does not follow-up on minor violations. Councilmember Lymangood said he would like a report identifying the specific violations found at the Ameridata property. Councilmember Black agreed it would be helpful to review the recorded violations of the state law and to determine how violations can be enforced if the State is unwilling to do so. She suggested that the staff report include whether each monitoring on the site violated State law, as well as whether it would violate the proposed new noise ordinance. She would also like clarification on whether the proposed ordinance is more restrictive than the State standards. Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to direct staff to review the MPCA standards and the proposed ordinance standards to determine how many times each has been violated by Regular Council Meeting November 6, 1996 Page 17 Ameridata. Staff should also address how the proposed ordinance would impact other businesses in the City, with a report back to the City Council at the earliest possible date based on the consultant's schedule. Councilmember Anderson supported the motion and strongly encouraged the property owner and Ameridata representatives to contact Councilmember Black to schedule a meeting with the neighborhood. Resolution of this problem can occur in various ways. He does not generally favor enacting more ordinances, but this situation needs to be resolved. Councilmember Black said she would have preferred to reach a resolution to the problem long before now; however, she is still open to discussions. Motion was made by Councilmember Wold, seconded by Councilmember Lymangood, to move the previous question. Motion carried, seven ayes. Main motion carried, seven ayes. Mayor Tierney called a five minute break. When the meeting was reconvened, Councilmember Lymangood asked the City Manager to comment on priority actions on the remainder of the agenda. Manager Johnson recommended that Items 6-C, 6-I, 6-E, 6-0, 8-13, and 8-C either need action tonight or have people in attendance to speak. Councilmember Lymangood suggested that the rules be suspended and the Council next address items 6-E and 6-0. The City Council concurred. Item 8 -Al (6-E) Speed Humps on 19" Avenue Vivian Herzog, 1700 Peony Lane, said the speed hump on 19`h Avenue in front of her home generates a lot of vehicle noise including honking, bad mufflers, and acceleration. Since installation of the speed hump, she has had problems sleeping at night due to the noise. She is also concerned about children at play jumping the speed hump. She requested that the speed hump be removed because her property is a distance from where there was a speeding problem. Police patrol in the area has slowed traffic. In response to a question from Mayor Tierney, Ms. Herzog said that it appears the light across the street from her home was hit by a vehicle leaving the roadway. Mayor Tierney said the City Council wants to wait until spring in order to evaluate the effectiveness of the speed humps over the winter months. Regular Council Meeting November 6, 1996 Page 18 Mr. Herzog understood the rationale, but encouraged the Council to act on this noise problem as quickly as possible. Robert Binish, 2110 Xanthus Lane, said he doesn't live near the speed hump but believes it is inappropriate. He noted that within a block of County Road 6, motorists must make a 90 degree turn onto Peony Lane. The speed is posted at 30 mph for one block, then drops to 20 mph for the first speed hump. He does not believe the speed hump is needed within one block of a major intersection. The second speed hump is on a curve and will cause problems in winter because vehicles will lose friction. There is also a problem with the pitch of the second speed hump which will damage vehicle suspension. He understands the concern about speeding but doesn't believe the problem is significant enough to require a speed hump which negatively impacts the neighborhood. Mayor Tierney said that one family in this area had three vehicles damaged in their driveway from vehicles leaving the roadway. Speeding is a serious problem, and the City needs suggestions on how to get motorists to slow down if the speed humps are not acceptable. Motion was made by Councilmember Black, seconded by Councilmember Anderson, to continue the traffic safety measures undertaken on 19`'' Avenue/Peony Lane through this winter season and to direct the subcommittee to hold a meeting with the area residents to again review their performance in April 1997. Motion to amend was made by Councilmember Lymangood to change the date to March 5. Councilmember Black accepted this as a friendly amendment to the motion. At the request of Councilmember Lymangood, Public Works Director Moore showed a location map of the two speed humps. He explained that the speed limit on County Road 6 is 40 mph, and a 30 mph sign is posted as vehicles turn northerly onto Peony Lane. Mayor Tierney suggested that the 30 mph sign could be removed, since the speed limit drops to 20 mph for the speed humps another block northerly. Councilmember Wold spoke in favor of the motion. He said the primary problem is occurring when vehicles traveling northerly are going too fast to make the curve and leave the roadway. He said there are profound safety concerns in this area related to vehicle speeding and the impacts of the speed Regular Council Meeting November 6, 1996 Page 19 humps should be determined. He would like to resolve the noise problem created by the speed humps and looks forward to discussing the issues with residents on March 5. Councilmember Lymangood questioned whether two humps are needed. He suggested that one solution may be to install one speed hump at the problem location where vehicles are leaving the roadway. He asked if there is sufficient right-of-way at that location for installation of a guardrail or other protection. Director Moore said there is sufficient right-of-way; however, it may not be possible to construct a guardrail to meet safety standards because of the gaps for driveway access. He said the City's Risk Manager has notified the property owner of the risk that could exist from the obstructions installed in the right-of-way. Motion carried: six ayes; Lymangood nay. Item 6-A2 (6-0) Signal at West Medicine Lake Drive and Northwest Blvd. Stephen MacLennan, 3225 Quinwood Lane, said he is opposed to a traffic signal at West Medicine Lake Drive and Northwest Blvd., because it is a difficult place for pedestrians to cross the street. He would like the City to investigate all alternatives to a traffic signal, such as a tunnel or overpass, before authorizing installation. Mr. MacLennan presented a petition from neighbors also opposed to the traffic signal. Mary Moore, 12915 30"' Avenue North, submitted a petition from Westminster Addition and a letter from Wayzata Schools favoring the traffic signal. She said that most residents have difficulty getting onto West Medicine Lake Drive. She said this is an unsafe intersection for teenage drivers. Ken Tyra, 12930 32"d Avenue, President of the Heritage Ridge Homeowner Association, said that nearly 60 households from Heritage Ridge and Heritage Ridge Plat Two favor the traffic signals. He would like the Council to move the issue forward because the amount of traffic continues to increase. Mr. Tyra noted that the sidewalk is raised from the roadway, which is positive from a pedestrian viewpoint, but negative for drivers. He said that no one prefers installation of a traffic signal, but effective alternatives have not been identified. Regular Council Meeting November 6, 1996 Page 20 Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-618 REQUESTING HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS TO UPDATE THEIR TRAFFIC SIGNAL STUDY, COUNTY ROAD 61 AND WEST MEDICINE LAKE DRIVE, CITY PROJECT NO. 519. Motion carried, seven ayes. In response to a question by Councilmember Lymangood, Manager Johnson explained that this action would request that Hennepin County update the two previous traffic studies. Public Works Director Moore added that the traffic study will include an eight-hour traffic count on two different days. Mary Moore, 12915 30`h Avenue North, said the traffic study will not capture the additional traffic volumes that will be generated from the proposed OPUS building or the new Caliber development. Community Development Director Hurlburt stated that businesses are currently moving into the new Caliber development. It will be quite some time before the OPUS development is occupied. Motion carried, seven ayes. Item 8-B Direction on Draft Zoning Ordinance Community Development Director Hurlburt presented the staff report on several changes in residential district standards proposed in the draft Zoning Ordinance. Staff will recommend to the Planning Commission that the draft section on "sales in residential areas - sales of vehicles and personal property, garage and rummage sales" be deleted since more time is needed to research this issue. Staff recommends that a clear list of what materials may be stored outside be added to the section on "exterior storage and display" because if an item is not listed in the ordinance, it is not permitted. Director Hurlburt described several proposed changes in the "off-street parking restrictions" section. Commercial vehicles in residential areas would be limited to 12,000 pounds and less than 30 feet in length, and contracting or excavating equipment may not be parked or stored unless it is being used to provide a service benefiting the premises. The current limit is 4.5 tons, but with no length limit. Staff will recommend that the section relating to "junked or inoperable vehicles" be amended to allow parking or storage no longer than 96 hours in order to correspond to the current code. Director Hurlburt explained that an exception for existing lots of record in residential single family districts will be proposed relating to required Regular Council Meeting November 6, 1996 Page 21 parking area design and construction - paving of residential driveways." No changes are recommended to the draft ordinance regarding "keeping animals - horses - minimum lot size and area requirements." The draft ordinance permits the keeping of horses in the FRD and RSF-1 districts provided the minimum lot size is 2.5 acres, and the number of horses does not exceed 1 per acre unless a higher number is approved via an interim use permit. This section should have limited impact because any property that currently houses more horses than the standard would be considered to have automatically received an interim use permit. She explained that the draft ordinance also provides that except in the FRD district, accessory buildings over 120 square feet must be constructed with a design consistent with the general character of the principal structure on the lot. This would not affect most small accessory buildings, such as the metal or wood tool sheds that are purchased at lumber yards. It would; however, ensure that large accessory buildings be constructed compatible with the home. Director Hurlburt said these recommendations will be made to the Planning Commission prior to the public hearings. If the Council would like other changes made to the draft ordinance prior to the public hearings, she asked that direction be provided to staff. Councilmember Lymangood said the draft ordinance proposes that the residential front yard minimum width would be reduced from 110' to 100'. He requested that an alternative be available for consideration by the Planning Commission for no change from the current standard. He asked if the ordinance would still limit the number of dogs to two per household. Community Director Hurlburt responded that the maximum number of dogs is proposed to be removed from the draft zoning ordinance; however, the two dog maximum would be placed in the dog licensing ordinance. Councilmember Lymangood requested that, in general, the least restrictive alternatives be available to the Planning Commission for consideration. Councilmember Preus commented on several sections of the draft zoning ordinance. He supported deleting the section on "sales in residential areas" in its entirety because it is too restrictive. He requested that staff solicit from residents a list of items for inclusion in the "exterior storage and display" section so that the list is inclusive of items that need to be allowed in the ordinance. Councilmember Preus favored deleting the proposed section on off-street parking restrictions" for further study. He supports the increased vehicle weight limit, but wants to stay with the 96 hour allowable storage time period. He requested that the least restrictive language relating to length of vehicles also be used in this section. Councilmember Preus said he does not support requiring the "parking area design and construction" standards and Regular Council Meeting November 6, 1996 Page 22 believes that the section on "building type and construction - design of accessory buildings" is too restrictive. Motion was made by Councilmember Anderson, seconded by Councilmember Wold, to suspend the rules and extend the adjournment time to 10:15 p.m. Motion carried, six ayes; Tierney nay. Director Hurlburt said that staff will forward Councilmember comments and suggest least restrictive alternatives to the Planning Commission on these sections. Motion was made by Councilmember Lymangood, seconded by Councilmember Black, to address the remaining agenda items recommended for action by Manager Johnson, beginning with Item 8-C. Motion carried, seven ayes. Item 8-C Request by Mayor Tierney to exceed 1/3 of Conference Budget Councilmember Lymangood reviewed information in the staff memo relating to Mayor Tierney's request to exceed one-third of the Council Conference Budget for payment of lodging for the National League of Cities Conference. He noted that there has been an expenditure in 1996 of $355 for the National League of Cities Conference in San Antonio and an earlier expenditure for a League of Minnesota Cities Conference in Rochester. Councilmember Lymangood said he has difficulty with the request because of lack of consistent adherence to the City's Travel Policy. It is his understanding that the policy does not have, nor could it have, any provision for corrective or punitive action in the event the policy is either overlooked or flagrantly violated. Mayor Tierney said that she left voice mail messages to the City Council relating to some of the conferences and many conferences were discussed at council meetings or study sessions. The information on these conferences is available to councilmembers in the League of Minnesota Cities (LMC) mailings. Motion was made by Councilmember Granath, seconded by Councilmember Black, to adopt RESOLUTION APPROVING LODGING EXPENSES FOR MAYOR AT NATIONAL LEAGUE OF CITIES CONFERENCE. Mayor Tierney directed that staff request a $100 reimbursement from the League of Minnesota Cities for these expenses, as allowed by LMC policy. Regular Council Meeting November 6, 1996 Page 23 Councilmember Preus spoke against the motion. He said that the Council understands the benefit to the City of conference and seminar attendance. His concern about this conference is that Mayor Tierney's attendance as a LMC board member will provide a direct benefit to the LMC and only an incidental benefit to the City of Plymouth. A conference fee paid from the City budget should pertain directly to the City. He said that the City of Plymouth contributes more than $15,000 each year to the LMC. Now the City is requested to pay for their board members to attend conferences. Mayor Tierney said that conference attendance is available to all councilmembers. She said that by not approving the request, the City would be saying that it is too poor to send people for education. She said the City spends $12,000 for councilmember health and dental benefits, and she believes that a larger education budget is needed because that is of more benefit to the City. Motion was made by Councilmember Wold, seconded by Councilmember Preus, to suspend the rules and set the adjournment time at 10:30 p.m. Motion carried, seven ayes. Mayor Tierney asked the Council for consideration on her request. She said that the City is currently spending $12,000 for three councilmembers' health and dental benefits. She would like to see more emphasis placed on education. Motion was made by Councilmember Black, seconded by Councilmember Granath, to call the question. Motion carried: Anderson, Wold, Granath, Black, and Tierney ayes; Lymangood and Preus nays. Motion failed: Granath, Black, and Tierney ayes; Anderson, Wold, Lymangood, and Preus nays. Motion was made by Councilmember Lymangood, seconded by Councilmember Preus, to direct the Finance Director to provide the Council with proposed and actual expenditures for 1993 through 1996 relating to City Council benefits. Councilmember Lymangood said the Mayor has spoken on several occasions about councilmember health and dental benefits. He said that the 1993 and 1994 budgets included expenditures for benefits for all councilmembers, even though all members did not opt to receive the benefits. At his recommendation, subsequent budgets have only included proposed expenditures for members who elected to receive the benefits. The benefits will be further reduced in 1998. Regular Council Meeting November 6, 1996 Page 24 Motion carried: Anderson, Wold, Lymangood, Preus ayes; Granath, Black, and Tierney nays. Item 8-G (6-C) Certify General Election Results Councilmember Anderson thanked staff who compiled election results and election judges for their efforts in the November 5 General Election. He said that Precinct 10 had a 79 percent voter turnout, and there was not sufficient room in the polling place. He directed staff to consider providing food or beverages to the judges for future elections. He said the voter turnout was outstanding at over 70 percent, compared to the 50 percent national average. Councilmember Black commended the work of the election judges. Motion was made by Councilmember Anderson, seconded by Councilmember Preus, to adopt RESOLUTION 96-619 CERTIFYING RESULTS OF NOVEMBER 5,1996 CITY ELECTION. Motion carried, seven ayes. Item 8-H (6-I) Metropolitan Livable Communities Act Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-620 ELECTING TO CONTINUE TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT DURING CALENDAR YEAR 1997. Councilmembers Lymangood and Wold said it was their understanding that the Metropolitan Livable Communities Act would provide incentives and funding for communities that participated in the program. This has not occurred to date, and staff was asked to comment. Housing Supervisor Goldsmith explained that the legislature made funds available to the Metropolitan Council for the program. It is a competitive process to apply for the funds. A Plymouth application was made, but it was not approved. The funds were insufficient to fund most of the requests. He is currently working with a developer who will be applying for funds in 1997. Supervisor Goldsmith explained that cities are required to expend local funds to be eligible to receive funding under the Livable Communities Act. Plymouth has already exceeded the required local expenditure so no additional matching expenditure is required. Motion carried, six ayes; Lymangood nay. Regular Council Meeting November 6, 1996 Page 25 Motion was made by Councilmember Black, seconded by Councilmember Anderson, to table the remaining agenda items to the next regular council meeting. Motion carried, seven ayes. Motion was made by Councilmember Black, seconded by Councilmember Granath, to adjourn the meeting at 10:30 p.m. Motion carried, seven ayes. City Clerk