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
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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.
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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