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HomeMy WebLinkAboutCity Council Minutes 11-20-1996Minutes Regular Council Meeting November 20, 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 20, 1996. COUNCIL PRESENT: Mayor Tierney; Councilmembers Anderson, Wold, Lymangood, and Preus. ABSENT: Councilmembers Black and Granath. 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 Tom Jes, 5055 Evergreen Lane, said he has followed the Council discussions on the Mayor's travel expenditures. He views the Mayor as the ceremonial head and ambassador for the City, and she represents the City on several state- wide organizations. He believes the $2,000 Council conference budget is too small. He described the benefits of attending conferences and said that opportunities may be lost if the City is not represented. Mr. Jes also addressed the draft noise ordinance and the Ameridata situation. He said that Ameridata originally located in the middle of an industrial area. The abutting area was later rezoned and the residential area encroached into the industrial area. He said that Ameridata legally expanded their business and potential noise problems should have been discussed during the expansion process. He suggested that the City contribute money toward construction of a noise barrier, and cited 49th Avenue and Schmidt Lake Road as an example where the City installed landscaping as requested by the residents to mitigate impacts of the new roadway. Mayor Tierney thanked Mr. Jes for his comments, stating that she would also like to see an increase in the travel budget. Councilmember Lymangood said that the travel policy is included later on the agenda, and the normal policy has been not to comment on items to be considered later on the agenda. However, since the Mayor had commented, he said that he agreed with Mr. Jes' comments, except that the comments omitted Regular Council Meeting November 20, 1996 Page 2 notice of the travel policy violation. He is not comfortable rewarding a violation of the same policy in the same year. Mayor Tierney said the Ameridata expansion issue was addressed several years ago and was not considered by this council. Manager Johnson said that the City is currently working with all parties -- the residents, Ameridata, and building owner -- to attempt to find a solution to the noise and visual problems. Item 4-A Plymouth Human Rights Award Jeff Richards, Chairperson of the Human Rights Commission, presented the first annual Plymouth Human Rights Award to Annette Malinsky Sandler. He recognized her strong commitment to improving the environment here and abroad. He said that Ms. Sandler volunteers at Home Free Domestic Abuse Shelter, Ronald McDonald House, and Young Widows Support Group. She is a member and officer of Hadassah and has involved her children in volunteer efforts. Annette Malinsky Sandler said she was honored to accept the award. Item 4-B Wayzata High School Girls Soccer Program Recognition Mayor Tierney announced that the Wayzata High School Girls Soccer Team won the 1996 state championship. Councilmember Lymangood said that it is appropriate to recognize area youth when they excel, and he asked staff to list the names of Plymouth girls and trainers/staff on Channel 37 to recognize their accomplishment. Item 5 Approve Agenda Councilmember Lymangood added an item from the Council Information Memorandum to Item 8-E for discussion. Motion was made by Councilmember Anderson, seconded by Councilmember Preus, to approve the agenda as amended. Motion carried, five ayes. Item 6 Consent Agenda Manager Johnson requested that Item 6-F be removed from the Consent Agenda. He announced that additional information has been distributed relating to Items 6-13, 6-C, 6-17, 6-G, 6-K, and 6-Q. Item 6-Q was removed from the Consent Agenda. Regular Council Meeting November 20, 1996 Page 3 Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to approve the Consent Agenda as amended. Motion carried, five ayes. Item 6-A Approve Disbursements Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-621 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING NOVEMBER 8,1996. Motion carried, five ayes. Item 6-B Northern States Power Parkers Lake Substation (96152) Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-622 APPROVING SITE PLAN AMENDMENT, CONDITIONAL USE PERMIT AND VARIANCES FOR NORTHERN STATES POWER FOR PROPERTY LOCATED AT 1235 BERKSHIRE (96152). Motion carried, five ayes. Item 6-C Engineering Consultants Selection Policy Amendment Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-623 AMENDING POLICY RELATING TO SELECTION OF CONSULTANTS. Motion carried, five ayes. Item 6-D Area Sanitary Sewer Special Assessments Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-624 DELETING PROPOSED ASSESSMENT, CITY PROJECT NO. 503, SANITARY SEWER AREA. Motion carried, five ayes. Item 6-E Plymouth Human Rights Commission Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-625 APPROVING THE 1996 ANNUAL REPORT AND 1997 WORK PLAN OF THE PLYMOUTH HUMAN RIGHTS COMMISSION. Motion carried, five ayes. Item 6-G January 1997 Council Meeting Dates Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to establish Wednesday, January 8, 1997 and Wednesday, January 22, 1997 as the regular meetings of the City Council in January. Motion carried, five ayes. Regular Council Meeting November 20, 1996 Page 4 Item 6-H Release of Tree Preservation Guarantees Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-626 RELEASING SITE PERFORMANCE GUARANTEE FOR TREE PRESERVATION, OPUS CORPORATION/SELECT COMFORT (95033). Motion carried, five ayes. Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-627 RELEASING SITE PERFORMANCE GUARANTEE FOR TREE PRESERVATION, MARVIN ANDERSON CONSTRUCTION/FERNBROOK WOODS 2ND ADDITION (94018). Motion carried, five ayes. Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-628 RELEASING SITE PERFORMANCE GUARANTEE FOR TREE PRESERVATION, OPUS CORPORATIONBOREALIS WAREHOUSE (96022). Motion carried, five ayes. Item 6-I Reductions in Financial Guarantees Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-629 REDUCING REQUIRED FINANCIAL GUARANTEE, SUNSET VALLEY HOMES SECOND ADDITION (91051). Motion carried, five ayes. Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-630 REDUCING REQUIRED FINANCIAL GUARANTEE, BRIDLEWOOD FARM 3RD ADDITION 93021). Motion carried, five ayes. Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-631 REDUCING REQUIRED FINANCIAL GUARANTEE, CAVAN MEADOWS ADDITION (93062). Motion carried, five ayes. Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-632 REDUCING REQUIRED FINANCIAL GUARANTEE, FORSTER PRESERVE PLAT 2 (94057). Motion carried, five ayes. Regular Council Meeting November 20, 1996 Page 5 Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-633 REDUCING REQUIRED FINANCIAL GUARANTEE, MISSION VIEW ADDITION (94158). Motion carried, five ayes. Item 6-J Set Hearing for Street and Easement Vacations Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-634 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF A TRAIL EASEMENT IN PONDEROSA WOODS 2ND ADDITION, DOCUMENT NO. 2479267. Motion carried, five ayes. Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-635 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF PART OF 45TH AVENUE NORTH OF RIGHT-OF-WAY IN GOLFVIEW ESTATES ADDITION. Motion carried, five ayes. Item 6-K Northwest Pointe Business Centre Sewer and Water Area Assessments Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-636 ADOPTING ASSESSMENTS, SANITARY SEWER AND WATERMAIN CHARGES, NORTHWEST POINTE BUSINESS CENTRE, CITY PROJECT NO. 703. Motion carried, five ayes. Item 6-L The Courts at Nanterre Addition Street Light Project Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-637 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING, THE COURTS AT NANTERRE ADDITION. Motion carried, five ayes. Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-638 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING, THE COURTS AT NANTERRE ADDITION. Motion carried, five ayes. Regular Council Meeting November 20, 1996 Page 6 Item 6-M Modifications to Tax Increment Financing Plans Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-639 APPROVING AMENDMENTS TO THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NUMBERS 1 -3,1- 4,1 -5,2 -1,3-1,3-2,3-3,4-1,4-2,4-34,1-5,2-1,3-1,3-2,3-3,4-1,4-2,4-3 5-1,6-1, AND 7-1. Motion carried, five ayes. Item 6-N Senior Discounts for Sewer and Water Rates Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt ORDINANCE 96-27 AN ORDINANCE RELATING TO CRITERIA FOR SENIOR CITIZENS DISCOUNTS FOR SEWER AND WATER RATES, AMENDING CITY CODE CHAPTER VII. Motion carried, five ayes. Item 6-0 Release of Site Performance Guarantee Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-640 RELEASING SITE IMPROVEMENT PERFORMANCE GUARANTEE, WEST HEALTH CAMPUS/2855 CAMPUS DRIVE (93068). Motion carried, five ayes. Item 6-P Fazendin Brothers, Inc. (96041) Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-641 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR FAZENDIN BROTHERS, INC. FOR "EVERGREEN KNOLL" LOCATED SOUTH OF COUNTY ROAD 6 AND WEST OF URBANDALE LANE (96041). Motion carried, five ayes. Item 8-A Elim Care, Inc. (96137) Community Development Director Hurlburt recommended adoption of two resolutions relating to Elim Care: 1) approving the Land Use Guide Plan Amendment from IP to LA -3 for 74.3 acres of the 97.6 -acre parcel; and 2) ordering an Environmental Assessment Worksheet (EAW) for the entire 97.6 - acre parcel. The Guide Plan Amendment requires a 5/7 vote. She explained that the Planning Commission recommended denial of the initial application for development of this property because Elim had requested reguiding of all of the property. There was a concern of potential land use conflicts with residential property abutting the existing industrial property and with the history of the site which had been planned, zoned, and assessed for industrial use. Roadway and utility patterns are also established for industrial use. The Regular Council Meeting November 20, 1996 Page 7 developer subsequently revised the plan, and the Planning Commission recommends approval of the guide plan change as requested. Director Hurlburt said a major wetland runs through the property and serves as a divider between the residential and industrial portions of the property. When taken as a whole, the property would exceed the minimum threshold for a mandatory EAW. Elim Care owns the proposed industrial portion of the property, but intends to sell it for development. Some of the wetland mitigation would occur on the industrial portion of the property. She said that Elim Care is willing to do an EAW on the project, and the EAW will define the property as two separate projects for purposes of mitigation and analysis. While the EAW is underway, the City cannot act on applications that may impact the property, and the land use guide plan change is conditioned on completion of the EAW. The Planning Commission also recommended approval of the rezoning and concept plan requests, but those items cannot be considered until the EAW and land use guide plan changes are completed. Councilmember Anderson said that residents are interested in how the proposed development will impact the entire area, and he asked why the industrial and residential portions are being separated in the EAW. Director Hurlburt responded that the EAW would be done on the entire area and the cumulative impact will be considered; however, the project description will be split between residential and industrial. Mayor Tierney asked about the impacts of Holly Lane and whether that was a reason for doing an EAW. Director Hurlburt stated that Holly Lane is designed to go through the Plymouth Ponds Industrial Park to Medina Road. If Holly Lane does not loop through, it would result in a cul-de-sac of over 900 feet in length. That was one reason the original request to reguide the parcel to all residential property was recommended for denial. Traffic impacts for the entire area will be considered in the EAW. Councilmember Lymangood stated that the Council is not changing the proposed traffic patterns for this area. Director Hurlburt said the traffic pattern in the concept plan is consistent with the City's current traffic plans. Bob Dahl, 16737 Camborne Place, Eden Prairie, is CEO and President of Elim Care, Inc. Elim Care is a long-term care organization and currently serves 800 Regular Council Meeting November 20, 1996 Page 8 residents in seven communities in the state. Elim has owned a portion of this site for 20 years with the intent of developing a retirement community. A residential style, senior independent living campus is proposed. He requested Council approval of the project. Councilmember Preus asked if Elim Care has any objection to the ordering of an EAW as proposed. Mr. Dahl said Elim Care has no objections to an EAW. Problems with respect to the requirements and timing of the EAW have been resolved with staff. Councilmember Anderson thanked Mr. Dahl for the time put into this proposal. He believes the City needs this type of project. Councilmember Preus agreed, stating that this proposal shows that private citizens can do a better job than government in providing affordable senior housing. Tom Fleming, 3340 Olive Lane, urged support for the plan. He believes that Elim Care will be a good neighbor and has done a good job of listening to the concerns of the neighborhood. A compromise plan has been developed and all parties are satisfied. The proposed development will complement retail uses in the City and serve the needs of seniors. It will provide a good tax base without burdening the school system and has the potential to beautify land through the wetland development. Kevin Leuer, 4335 Weston Lane, represented Leon and Mary Leuer and Leuer Farms. He is not opposed to senior housing in the community but has concerns about this location, particularly along the west side of the Leuer property. Mr. Leuer expressed concern about the lack of buffers and impacts of residential property being close to an industrial area. He said that the Leuer property is planned for industrial use and conflicts could occur when they subdivide the property. For example, larger setbacks could be required on the Leuer property due to the abutting residential property. Today the Leuer property is a 24-hour farming business. Truck traffic enters and exits the property, particularly during spring and fall. He has a specific concern with the west side of the Leuer property where the drying and storage operations are located. There are no natural features to use for buffering the impacts of the farming equipment. Mr. Leuer also expressed concern with the alignment of Lawndale Lane. There are currently sight line problems that could cause a safety hazard. He suggested that the Council consider the long-term availability of industrial Regular Council Meeting November 20, 1996 Page 9 land and appropriate infrastructure to serve the industrial uses of the City. He said that there is no infrastructure being considered for northwest Plymouth for industrial use, and this will impact the long-term industrial base of the City. Councilmember Preus asked for specific information on how the farming operations could cause problems for the residential homes proposed in the southeastern portion of the Elim site. Mr. Leuer said there is intense use of the abutting Leuer property relating to processing of crops including grain dryers, screening, augers, and truck traffic. There is significant noise from the equipment. Mayor Tierney asked if there are any odor concerns. Mr. Leuer said there are some odors associated with drying of the crops; however, there is not an intense use of animals on the site. Sean Carroll, 3470 Lawndale Lane, said he lives near the processing operation and cannot hear it clearly; however, there are dust and odors. He said there is opposition to the Elim project relating to the concept plan including a five - story building. He believes that the industrial park has been nicely developed, and is concerned with the high density of residents and traffic impacts that could occur with the Elim proposal. An additional traffic burden would be placed on Medina Road and, specifically at the entrance to Heather Run. Director Hurlburt explained that the City Council is being asked to conditionally approve a land use guide plan change. This will not preclude changes that could occur based on the outcome of the EAW. The EAW will analyze noise and traffic impacts. The concept plan is not being approved at this time, and staff would not recommend that it be considered until the EAW is completed and the mitigation measures are identified. There has been no approval of any particular size or height of building. Motion was made by Councilmember Anderson, seconded by Councilmember Preus, to adopt RESOLUTION 96-642 APPROVING LAND USE GUIDE PLAN AMENDMENT FOR ELIM CARE, INC., FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF COUNTY ROAD 101 AND MEDINA ROAD (96137), and RESOLUTION 96-643 ORDERING PREPARATION OF AN ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) FOR THE 97.6 ACRE SITE OWNED BY ELIM CARE, INC., AT THE INTERSECTION OF COUNTY 101 AND MEDINA ROAD (96137). Regular Council Meeting November 20, 1996 Page 10 Ron Hanson, 3260 Olive Lane, said he petitioned the Heather Run development regarding the proposal. Fifty-seven residential owners support the Elim Care proposal and the rezoning. Residents believe that the project is unique and that it fits well with the City's goal of diversified housing. The project will not burden City services or schools because there will be no additional children to educate. He said that Elim will provide attractive housing and the grounds will be maintained. He believes that the sloping topography and wetlands will provide an attractive landscape for the residential property. Elim will offer some employment opportunities in the assisted -care setting. He said that Elim representatives have met with Heather Run residents on three occasions, and Elim will be a good neighbor. John Robinson, 3420 Lawndale Lane, said that he also participated in petitioning the Heather Run residents. He noted that the Leuers state their farm is an industrial use and that they are concerned about the City's industrial base. However, the Leuer property is not assessed at a full industrial rate. He estimated there would probably be less than a $10,000 per year difference in the taxes paid by the existing industrial project and the project proposed by Elim Care. Mr. Robinson said that the tax amount the Leuers are paying on 10 acres is less than one-tenth of what he pays on his own home. If the Leuer property is a full industrial use, then he believes they should be assessed at an industrial rate. He said the Leuers should also address buffering and screening on their existing property. He believes that Elim has exhibited patience through the development process and has given up development of the most valuable part of their property in order to provide adequate buffering. Councilmember Wold favored the motion, but expressed concern that another situation of conflicting industrial/residential abutting property uses could be created. Community Development Director Hurlburt said that the potential problems of abutting industrial and residential properties was one reason staff recommended against the original proposal. She said that using the wetlands as a buffer between these uses makes sense, although there is still a concern in the southeastern portion of the Elim property. There will be a street between the Elim homes and the abutting farm/industrial land. These issues are important considerations for the concept and site plan stages. She said that how long the Leuer property remains a farm is a matter of economics, but there could be some land use conflicts in the future. Councilmember Wold said that this issue will be considered in the EAW so that the Council can attempt to mitigate potential problems. Regular Council Meeting November 20, 1996 Page 11 Mayor Tierney said she will support the motion, although she has concerns with the buffering to the Leuer property. She is also concerned about the impacts of Highway 55 on the residential properties. She noted that this item requires five votes and Elim has the right to request deferral to a future meeting if they wish. Councilmember Lymangood said that if there was not a unanimous vote on the motion, he would make a motion to table this to the next meeting. He has concerns about the extreme southeasterly portion of the Elim property which abuts industrial property. He asked if the EAW will address the current status of agricultural use on the abutting property, as well as possible future industrial use. Director Hurlburt said the EAW will address the impacts of what exists today. Councilmember Lymangood said that if mitigation were needed, it would be identified by the EAW. He will support the proposal because it is only to order an EAW and conditionally approve a land use guide plan amendment. Councilmember Anderson said the EAW will be done while no farming operations are in process. He asked how appropriate noise monitoring can be done. His intent is that a full-scale noise analysis is done as part of the EAW. This may include asking the Leuers to turn on the grain dryers even though they are not in use. Director Hurlburt said that staff will ensure that the noise consultant who does the analysis for the EAW uses comparable data. Councilmember Lymangood said the proposal is a significant improvement over the previous plan. Motion carried, five ayes. Item 8 -Al (6-Q) Henry Lazniarz, Ferndale Place (96038) Community Development Director Hurlburt said that the rezoning and preliminary plat requests for Ferndale Place were tabled to this meeting because the applicant submitted a new drainage plan. The developer has met with neighbors to consider their concerns. She explained that the proposed project includes four lots, one of which is occupied by an existing structure. A new ponding area would be added near Ferndale Road, and staff has found that it meets all City requirements. Regular Council Meeting November 20, 1996 Page 12 Roger Anderson, 7415 Wayzata Blvd., St. Louis Park, Anderson Engineering, said that the design requirements of the new pond have been met. A meeting was held with residents and the developer described how storm water was managed on the site, as well as the details of the ponding. The residents' concerns were related to drainage and how water is handled off the site. Mr. Anderson said that water will drain to the new pond in the northwesterly portion of the site, then to the wetland northeasterly of the site, and then to Hadley Lake. This is in accordance with the Water Management Plan, and water quality requirements will be met. Mr. Anderson said another issue is how the discharge from this site will impact the wetland in the northeastern portion of the site. He said the proposal meets the City and the Minnehaha Watershed District requirements. Councilmember Preus asked about the purpose of the borings shown on the maps. He noted that the land to the north of this property was filled at some time. Mr. Anderson said these are soil borings taken by the developer. A question also arose from residents about the monitoring well in the wetland. He said that is not part of this property, but rather the neighbor's property to the north. Gloria Lindberg, 1200 Ferndale Road, said the neighborhood's goal is to ensure that the overall watershed area, Hadley Lake, and water tables are protected. She said that one issue remaining unsatisfied is how the water will be handled once it leaves the developer's property. She believes it will impact the wetland and create additional erosion on the steep hillside to Hadley Lake, and that ecological studies are needed to determine the impact of the runoff into Hadley Lake. She asked how the additional quantity of water entering Hadley Lake will be monitored and who will be responsible for monitoring the on-site storm water retention pond which will replace the existing natural pond. The existing pond already reaches saturation during wet months. She would like the impact on future homes, future bike trail which would abut the pond, and the future development of Ferndale Road to be considered. Ms. Lindberg said that land in the area has been saturated nearly every year since the abutting Elwell property was filled, and willows along Ferndale Road frequently stand in water. She said the wetland was significantly larger prior to filling of the Elwell property. The DNR and Minnehaha Watershed District should be asked for opinions before the project is approved. Residents would like to know the purpose of the monitoring well on the Elwell property wetland. She asked if the dam located in the southeast portion of the wetland which helps control water flowing to Hadley Lake can handle additional water. The velocity of water running down the hill causes Regular Council Meeting November 20, 1996 Page 13 significant erosion, and the swale needs to be addressed by the City. The hillside is composed of soft soil and residents would like engineering studies done to check the ability of the hillside to handle additional water. Ms. Lindberg said the storm sewer on 12`" Avenue was not adequate when it was constructed several years ago. She asked who would pay for water treatment if it is required before the water enters Hadley Lake. It is important for Plymouth to retain its environmental quality, and she asked that the development request be deferred until future storm sewer plans and the Ferndale Road improvements can be studied so that the development is appropriate for this fragile system. Public Works Director Moore noted that this is a preliminary plat request. Staff feels that sufficient data has been submitted to fulfill the preliminary plat requirements. One of the basic criteria and condition of approval for the project is that the rate of runoff or flow of water cannot be increased from the site. He explained that is measured under several different situations. He said that a larger volume of water can leave the site, but it cannot flow at any higher rate than currently exists. The developer must submit this as part of the design requirements, and the treatment pond calculations will be checked by an engineer. Staff is unaware of the purpose of the monitoring wells on the abutting site. He explained that the wetland at the northeast corner of the site is now larger than it was previously. A more detailed drainage plan will have to be submitted for the final plat consideration. Councilmember Preus said that with the increase in impervious surface, it seems that the amount of water flow will increase. Public Works Director Moore said the volume will increase, but the release rate will remain the same. The pond will store the water with an outlet constructed to monitor the release rate. Water currently runs off in several directions. Following development, the majority of water will go through the pond for treatment and then to the wetland. Councilmember Lymangood clarified that Condition 14 of the proposed resolution addresses the rate of runoff. Terry Knight, 960 Brockton Lane, represented the 52 -member Hadley Lake Improvement Association. The purpose of the Association is to improve and maintain the quality of water in Hadley Lake. He said the lake has suffered from adjacent agriculture uses in the past, and he showed photos from 1984 indicating poor lake quality. For comparison, Mr. Knight showed a 1994 photo of the lake which indicated good water quality. This photo was taken after installation of an aeration system, treatment for noxious weeds, stocking Regular Council Meeting November 20, 1996 Page 14 program for bass, a phosphorus -free fertilizer program, and private development soil erosion program. He said the Association proposes to spend 8,000 to $12,000 in 1997 to replace the aeration compressor system. Mr. Knight said the major concerns of the Association are that appropriate watershed and environmental assessments are conducted prior to the environmental approvals, water quality of the lake, soil erosion, and impacts of increased water volume on the lake. Residents are also concerned about the deterioration of property values should the lake water quality deteriorate, ice control materials running into Hadley Lake, and the additional financial burden on the Association to maintain the lake quality. The Association favors delay of the project until the watershed studies are completed to determine the impact on Hadley Lake. Sandy Ackerberg, 18900 12`h Avenue North, does not oppose the development but is concerned about the impacts of the increased drainage. He shared photos taken in 1945 to the present which showed the development of the land and changes to the wetlands and drainage patterns. The photos showed that historically the property has a wetland characteristic that needs to be considered. Residents met with the developer and the question was raised on whether all water could be ponded on the site without runoff. He believes the answer was that there was no way to hold all of the water on the site. Mr. Ackerberg said it would be in the best interest of the City and the area residents to defer action on this development request until there is a definitive plan of how the water will drain on the property. Public Works Director Moore explained that the northwest corner of the site does not meet the definition of a wetland. It was caused by manmade conditions. The developer is proposing a pond in the northwest corner of the site with a storm sewer pipe which will drain water at a controlled rate easterly off the site. He said that a minor amount of flow will continue to exist along 12"' Avenue. Councilmember Preus said the proposed pond would be located in the northwest portion of the site and Hadley Lake is southeast of the site. It seems that water would flow southerly toward Hadley Lake, rather than northwesterly toward the pond. Also, the increase of impervious surface could cause more drainage problems for the properties on 12"' Avenue. Director Moore explained that the drainage is determined by the surface elevation of the land. The surface water from the western two-thirds of this property will drain northerly and westerly. However, there are no studies to show how the underground water drains. He said that 12`h Avenue has very Regular Council Meeting November 20, 1996 Page 15 tight clay soil and that may be some of the reason that water is not flowing or is being blocked. Whether the soils are clay or sand has an impact on underground water drainage. Mayor Tierney said that residents have expressed concern that additional water will drain from the property. Director Moore responded that water draining from the property exists today and will continue to occur following development. The rate of runoff would not increase between existing and post -development conditions. Councilmember Anderson said that although the rate of runoff from the site would remain the same, the quantity would increase. He asked how this will impact the swale and steep hillside going to Hadley Lake. Director Moore said the water from this site will not go through that area. The water from this development would flow northerly into the holding pond, then a pipe would carry the runoff to a wetland northeast of the site. The water then flows southerly to Hadley Lake. The holding pond will treat the water, as well as control the rate of flow. Mr. Ackerberg said that treatment or rate of flow may not be controlled if the pond cannot control the amount of water flowing to it. Water could flow over the pond and impact the water table. He suggested that the Council should be sensitive to the concerns relating to Hadley Lake and that a complete study of the entire area should be done. Director Moore explained that the City's Water Quality Plan will address water bodies on a city-wide basis. The base document for the Plan will be ready in January, but more detailed studies will be needed on specific areas. Tom Jes, 5055 Evergreen Lane, said that Mr. Ackerberg has demonstrated through historic photos that wetlands have existed on this property. He suggested that the Council use historical photo evidence to prove or disprove the existence of wetlands when needed in other situations. Motion was made by Councilmember Wold, seconded by Councilmember Anderson, to table to December 8 the rezoning and preliminary plat request of Henry Lazniarz for Ferndale Place Addition located at 1220 Ferndale Road. Councilmember Wold said that he respects the rights of the developer to develop this land, but cannot support the request based on the concerns expressed by residents. The item requires five votes for approval.. Regular Council Meeting November 20, 1996 Page 16 Councilmember Preus suggested that it may be helpful for staff to provide a time frame as to when some of the residents' issues may be addressed. He would not want to delay this developer over issues that appear to be a larger area -wide problem. He asked Mr. Anderson about a deadline. Mr. Anderson said that past history is important, but it doesn't necessarily relate to what exists on the property today or what is required for development. He said the developer has rights to develop, and they would appreciate the fastest path available for approval of the project. Councilmember Lymangood asked if the intent of the motion is to table both actions. He noted that the Council could act on the rezoning and table consideration of the preliminary plat. Councilmember Wold said that it is the intent of his motion to table both items. He would not be comfortable supporting either action this evening. Motion to table carried, five ayes. Item 8-11 Frauenshuh, Development of City Center Retail/Entertainment Property Community Development Director Hurlburt said that on June 26, 1996 the City Council designated Frauenshuh Companies as developer for the five acre site that the City owns at the northeast corner of Vicksburg and Highway 55. On September 18, the designation was extended with the condition that Frauenshuh submit a site plan by November 1 and enter into a development agreement approved by the City by November 20. On November 6, the City Center Subcommittee met to review progress toward the development agreement. There are a number of issues yet to be resolved including control of the site, securing an agreement from a movie theater, and the final development agreement. She offered several alternatives for Council consideration. The Council may choose to approve the development contract between the City and Frauenshuh, disapprove the development contract and consider other offers for the property, or undertake a new RFQ process. The developer who competed with Frauenshuh in the original RFQ process, The Beard Group/Mann Theaters, has also indicated their interest in meeting with the City should Frauenshuh not proceed with their project. Councilmember Lymangood asked if staff has collected additional information on parking. Regular Council Meeting November 20, 1996 Page 17 Director Hurlburt responded that the planning staff surveyed local theaters. This confirmed that a 1:4 parking ratio standard should be maintained for adequate parking. Councilmember Anderson said the current proposal includes a fast-food restaurant which the Subcommittee indicated they would not support. Director Hurlburt said that the site plan is no longer relevant since there is no development agreement. In response to a question, she said that Frauenshuh has been given conditional designation as the developer for the property since June 26, 1996. Randy McKay, 5615 Schaefer Road, Edina, represented Frauenshuh. He said that Frauenshuh will not request a time extension to submit a site plan and enter into a development agreement with the City. Frauenshuh had a letter of intent from a movie theater; however, they were not successful in their attempt to acquire additional land surrounding the City site. He said that following negotiation, the resulting rate was less than 50 percent what they needed to make a theater economically viable. Mr. McKay recommended that the Council and Subcommittee consider the other development proposal since Frauenshuh has been unsuccessful in developing the project. Frauenshuh is willing to share the work done to date on the project, and Mr. McKay encouraged the Council to realistically consider whether a viable City Center type of development is possible. He believes that additional assistance, such as construction of a City parking ramp, may be needed. Jim Greupner, 2110 Pine Island Road, Minnetonka, represented Mann Theaters. He expressed interest in proceeding with the project. Mann proposes to make a joint proposal with Carlson Companies, to include a multi- screen theater with adequate parking. Mr. Greupner said they have already spent a considerable amount of time planning this development, and would hope to build in the spring and open by late summer. Councilmember Lymangood said that the Beard/Mann Theater Group made an offer through the RFQ process. He asked if that is the group's final offer or if it is subject to further consideration. Mr. Greupner said the offer is subject to discussion. Regular Council Meeting November 20, 1996 Page 18 Motion was made by Mayor Tierney, seconded by Councilmember Preus, to adopt RESOLUTION 96-644 DIRECTING STAFF TO CONTACT THE BEARD GROUP/MANN THEATERS REGARDING A POSSIBLE SALE OF THE CITY CENTER RETAIL ENTERTAINMENT PROPERTY. Councilmember Preus said that the Beard Group/Mann Theaters proposal sounds promising, but he does not want to delay other possibilities. He suggested that the City Center Subcommittee also meet to discuss the options and report to the City Council by December 18. Motion to amend was made by Councilmember Preus, seconded by Councilmember Lymangood, to terminate the agreement with Frauenshuh and to also adopt RESOLUTION 96-645 DIRECTING THE CITY CENTER SUBCOMMITTEE TO RECOMMEND A COURSE OF ACTION REGARDING THE CITY CENTER RETAIL ENTERTAINMENT PROPERTY. Councilmember Lymangood thanked the Frauenshuh representative. He said that he is hesitant to only proceed with one course of action with the Beard/Mann Group because the Council may be in the same position in another month. He does not want to lose more time. He said that each day's delay equates to about $100 in lost potential tax revenues. Councilmember Lymangood said he is less convinced than at the start of the project that a movie theater is the only option for this parcel. He suggested that the RFQ may have been too narrowly defined and perhaps there were other options to consider. He is also convinced that something can be developed on this parcel in 1997. Councilmember Wold spoke in favor of the amendment, but expressed concern that the Subcommittee meet soon and clarify what it would take for the Beard/Mann Group proposal to be acceptable to the City Council. He does not want the project to be further delayed. Ken Streeter, 13100 35`' Avenue North, said that it is reasonable to give the Beard/Mann Group 30 days in which to submit a proposal, when Frauenshuh was given five months. He does not believe it is fair to pursue other options until the Group is given 30 days in which to develop a proposal. Councilmember Lymangood stated that the Beard/Mann Group proposal may have been considered earlier if not for the disparity of their original proposal. The City Council is accountable for these dollars, and he is uncomfortable waiting another 30 days to proceed with other options. He said that if the Regular Council Meeting November 20, 1996 Page 19 Beard/Mann group is able to work out the economics of the project to the City's satisfaction in the next few weeks, it should succeed. Motion to amend was made by Councilmember Lymangood, seconded by Councilmember Anderson, to direct that the City Center Subcommittee would meet no earlier than December 4. Councilmember Anderson said the Council wants to deal in good faith, but there is also an obligation to the taxpayers to correct an error made by a previous Council when the property was obtained. He said that over $1 million was invested in the property, with no positive outcome to date. Motion was made by Mayor Tierney, seconded by Councilmember Preus, to suspend the rules and extend the adjournment time to 10:30 p.m. Motion carried, five ayes. Motion on the amendment to the amendment carried, five ayes. Councilmember Wold said he will support the amendment, assuming that the City Center Subcommittee will deal in good faith with the Beard/Mann Group. He said that residents would like a theater, but the Subcommittee should have the flexibility to pursue other options as well because of the obligation to the taxpayers. Motion on the amendment carried, five ayes. Main motion as amended carried, five ayes. Councilmember Lymangood requested that staff provide all material regarding the quick -take condemnation of this parcel to Councilmembers elected in 1995 and 1996. Item 8-C Report on Senior Citizen Needs Assessment Park Director Blank presented the results of the Senior Citizen Future Needs Study. The study shows that the elderly population in Plymouth will grow from an estimated 5,400 in 1996 to 10,056 in 2010. The study contains an estimate of current and projected social, health, and education program needs and addresses benefits of centralizing senior programs into one facility. Director Blank said the study was reviewed by the Youth Sports Task Force who felt that the City Council should explore further joint ventures with other agencies, as well as review the needs outlined in the report during 1997. The Park and Recreation Advisory Commission has suggested multi -generational use of an activity center, which seniors also favor. Regular Council Meeting November 20, 1996 Page 20 Councilmember Anderson thanked the individuals who prepared the report. He suggested that the City explore possible joint venture opportunities in conjunction with the Elim development. Councilmember Lymangood said that part of the proposed funding for the activity center facility that is included in the proposed Capital Improvement Program is from sale of the City land at Vicksburg Lane and Highway 55. That is part of his reasoning for wanting development and sale of the site to move forward. Motion was made by Mayor Tierney, seconded by Councilmember Lymangood, to receive the Senior Citizens Future Needs Assessment, and to thank the Park and Recreation Advisory Commission and the subcommittees for their work on this report. Motion carried, five ayes. Item 8-D Ice Arena Rental Rates City Manager Johnson presented a resolution to establish hourly ice arena rental rates at $130 per hour for peak hours and $110 per hour for non -peak hours. He said that Councilmember Lymangood has proposed an additional resolution for consideration which would establish the Ice Arena budget as an enterprise fund, including funding for reserves for maintenance and equipment replacement, and providing that a deficit/surplus would carry over to the ensuing fiscal year. The resolution also provides that rental rates be examined on a periodic basis and established at rates necessary to eliminate any accrued deficit and provide sufficient revenue to cover all operations without a tax subsidy. Ice Arena Manager Abel said the proposed rates are reasonable. A larger hourly fee is currently charged at the New Hope Ice Arena, and the City Council can adjust the rates in the future. He said that the first year will be difficult because the opening date is unsure and approximately $150,000 in revenue could be lost during the heaviest use months of January through March. He said that some costs will be saved from the delayed opening, but there will likely be some operating deficit in 1997. Councilmember Lymangood asked if there is concern about the number of new ice sheets being constructed in the metro area. Ice Arena Manager Abel said that there will be no impact during the busy months. There will be more competition from April through September. Regular Council Meeting November 20, 1996 Page 21 Councilmember Lymangood explained that the intent of his proposed resolution is to clarify that it is not an option to use property tax dollars for operational expenses, including capital equipment replacement. Manager Johnson said that there is flexibility in the rink design so that it can be rented during summer months for other events. All revenues from the complex, including non ice related activities, will go into the ice arena enterprise fund. Motion was made by Councilmember Lymangood, seconded by Councilmember Wold, to adopt RESOLUTION 96-646 ADOPTING 1997- 98 ICE ARENA FEES; RESOLUTION 96-647 DECLARING THE INTENTION OF THE CITY COUNCIL RELATING TO FUTURE ICE ARENA RENTAL RATES AND THAT THE ICE ARENA OPERATION BE SELF-SUSTAINING; and RESOLUTION 96-648 SETTING PRIORITY USAGE FOR ICE ARENA FACILITY. Motion carried, five ayes. Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adjourn the meeting. Motion failed: Anderson aye; four nays. Motion was made by Councilmember Wold, seconded by Mayor Tierney to suspend the rules and extend the meeting adjournment time to 10:45 p.m. Motion carried. Item 9-A (6-F) Establish Special Meetings on December 11 Motion was made by Councilmember Wold, seconded by Councilmember Anderson, to call a Special City Council Meeting for 7:00 p.m. on Wednesday, December 11 to consider adoption of a new zoning ordinance and related actions, and to reschedule a Special City Council Meeting for Council Orientation from Monday, December 9 at 7 p.m. to Wednesday, December 11 at 5:30 p.m.. Motion carried, five ayes. Item 8-E Approve Amendment to Travel Policy Motion was made by Councilmember Anderson, seconded by Councilmember Wold, to adopt RESOLUTION 96-649 AMENDING THE CITY OF PLYMOUTH TRAVEL POLICY. Councilmember Lymangood explained that this amendment would insert the word "written" into the existing policy to ensure there is no ambiguity on the intent that authorization for travel expenses must be by "written" memo. He said that the travel policy originated from a recommendation made by the State Attorney General. The former City Manager had submitted requests for travel reimbursement, in one instance, six months after the travel occurred. Regular Council Meeting November 20, 1996 Page 22 Councilmember Lymangood said this will clarify the intent of the policy that memos regarding travel should be written because the purpose was to create an audit trail. Motion carried, five ayes. Councilmember Lymangood requested that staff provide copies of the Attorney General's report to Councilmembers elected in 1995 and 1996. Councilmember Lymangood said that at the last meeting, Mayor Tierney indicated that certain members are receiving benefits for health and dental coverage. That discussion was held during consideration of the travel issue. Councilmember Lymangood said the adopted budget for Council benefits was 35,600 in 1993, and residents were taxed for that amount. The actual expenditures that year were less than $10,000. He said whether or not any councilmembers received the benefit, residents were taxed for it. He noted that in 1994, there were seven members on the Council with a similar disparity between the budget and actual use of benefits. Beginning in 1995, Councilmember Lymangood said he questioned why the City was taxing residents for benefits not taken by Councilmember. The subsequent budgets have been reduced in order to budget for the benefits likely to be taken by councilmembers. He directed that staff inquire of all councilmembers for 1997 whether they intend to receive benefits available to them so that the 1997 budget can reflect actual proposed use. Councilmember Lymangood said this discussion of travel relates to a policy; not a budget item. Mayor Tierney said that councilmembers could have been polled as to their intent to receive certain benefits, but she also understands the need to budget for the event that all councilmembers would decide to receive benefits. Motion was made by Councilmember Lymangood, seconded by Councilmember Wold, to direct staff to explain available benefits to councilmembers for 1997, to ask whether they intend to receive benefits, and to budget accordingly. Motion carried, five ayes. Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adjourn at 10:47 p.m. Motion carried, five ayes. City Clerk