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