HomeMy WebLinkAboutCity Council Minutes 05-16-1995MINUTES
REGULAR COUNCIL MEETING
MAY 16, 1995
A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at
7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on May 16,
1995.
PRESENT: Mayor Tierney; Councilmembers Helliwell, Granath, Edson, Anderson,
Wold, and Lymangood.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works
Director Moore, City Engineer Faulkner, Community Development Director Hurlburt,
Park Director Blank, Public Safety Director Gerdes, City Attorney Knutson, and
Administration Senior Clerk Typist Kurt Hoffman.
ITEM 3 FORUM
Ginny Black, 11410 49th Place North, thanked the Council for the opportunity to
vote on the May 23 referendum. She called it a wonderful opportunity for
residents to vote to keep Plymouth beautiful.
ITEM 4-A WATER QUALITY TASK FORCE
City Manager Johnson provided an update on efforts to encourage the use of non -
phosphorus fertilizer. The City sold 650 bags of phosphorus -free fertilizer during
two sales, on April 29 and on May 13. He said there were still 100 bags available.
Councilmember Lymangood encouraged citizens to participate in this program.
ITEM 4-B PLYMOUTH CIVIC LEAGUE, MUSIC IN PLYMOUTH
Wes Clemens, 5615 Evergreen Lane, and Sandy Adolfson, 3970 Arrowood Lane,
represented the Plymouth Civic League. They presented the poster and tee-shirt
for the 23rd annual Music in Plymouth. Mr. Clemens said this year's program will
have a 1950's theme. The tee-shirts will be sold in Holiday Stores, and by Civic
League members. He encouraged family memberships in the Civic League and
stated that corporate solicitations were increasing as the program budget grows
every year. He said it has been gratifying to receive support from the Council
through the years.
Regular Council Meeting
May 16, 1995
Page 2
Ms. Adolfson said the dates for the concert would be Thursday, July 6, with
concession activities beginning at 5:30 PM. She said the rain date would be July
13, one week later for fireworks and an alternative music program.
Mayor Tierney praised the efforts of the Plymouth Civic League and the City to
offer such a program.
ITEM 4-C PROCLAMATION FOR ARBOR DAY
Mayor Tierney proclaimed Arbor Day in the City of Plymouth, and announced a
tree planting ceremony at Plymouth Creek Elementary School at 1:00 p.m., May
17.
ITEM 5 APPROVE AGENDA
City Manager Johnson said that Item 6 -AA has been withdrawn at the request of
the applicants. He provided a revised insert on Item 6-W, additional documents
for Items 8-A and 8-C, and a landscaping plan for Item 9-A.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Anderson, to approve the agenda as amended.
Motion carried, seven ayes.
ITEM 6 CONSENT AGENDA
Item 6-Y was removed from the Consent Agenda and placed as Item 9-B. Item 6-
C was removed from the Consent Agenda and placed as 9-C. Item 6-T was
removed and placed before Item 8-A.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to approve the Consent Agenda as amended.
Motion carried, seven ayes.
ITEM 6-A APPROVE MINUTES
MOTION was made by Councilmember Helliwell,seconded by Councilmember
Granath, to approve the minutes of the May 1 Board of Review meeting and the
May 8 Community meeting.
Motion carried, seven ayes.
Regular Council Meeting
May 16, 1995
Page 3
ITEM 6-B APPROVE DISBURSEMENTS
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 95-287 APPROVING DISBURSEMENTS
FOR THE PERIOD ENDING MAY 5,1995.
Motion carried, seven ayes.
ITEM 6-D APPROVE 1995-1996 LABOR AGREEMENT WITH POLICE
SERGEANTS
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 95-278 APPROVING THE LABOR
AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND
PLYMOUTH SERGEANTS REPRESENTED BY LAW ENFORCEMENT
LABOR SERVICES (LELS) FOR CALENDAR YEARS 1995-1996.
Motion carried, seven ayes.
ITEM 6-E APPROVE NORTHWEST SUBURBAN TOBACCO COMPLIANCE
PROJECT
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to authorize the Department of Public Safety to participate in the
Northwest Suburban Tobacco Compliance Project.
Motion carried, seven ayes.
ITEM 6-F AUTHORIZE HENNEPIN PARKS TO CONDEMN RIGHT-OF-WAY
FROM CHICAGO NORTHWESTERN OF LUCE LINE REGIONAL TRAIL
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 95-302 AUTHORIZING
CONDEMNATION AUTHORITY TO THE SUBURBAN HENNEPIN
REGIONAL PARK DISTRICT.
Motion carried, seven ayes.
Regular Council Meeting
May 16, 1995
Page 4
ITEM 6-G APPROVING DEVELOPMENT CONTRACT BOND REDUCTION -
HOLLY CREEK ADDITION (91106)
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 95-283 REDUCING REQUIRED
FINANCIAL GUARANTEE HOLLY CREEK ADDITION (91106).
Motion carried, seven ayes.
ITEM 6-H REQUEST COUNTY TO CONDUCT TRAFFIC SIGNAL STUDY AT
COUNTY ROAD 61 (NORTHWEST BOULEVARD) AND WEST MEDICINE
LAKE DRIVE
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 95-284 REQUESTING HENNEPIN
COUNTY DEPARTMENT OF TRANSPORTATION TO CONDUCT
TRAFFIC SIGNAL STUDY COUNTY ROAD 61 AND WEST MEDICINE
LAKE DRIVE CITY PROJECT NO. 519.
Motion carried, seven ayes.
ITEM 6-I APPROVE PLANS AND SPECIFICATIONS AND ADVERTISE FOR
BIDS FOR 1995 SEAL COAT PROGRAM
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 95-285 APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FORBIDS 1995
SEAL COAT PROGRAM.
Motion carried, seven ayes.
ITEM 64 APPROVE CHANGE ORDER NO. 1 FOR PLYMOUTH CREEK
CHANNEL CLEANING, PROJECT NO. 509
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 95-286 APPROVING CHANGE ORDER
NO. 1 PLYMOUTH CREEK CHANNEL IMPROVEMENTS CITY
PROJECT NO. 509.
Motion carried, seven ayes.
Regular Council Meeting
May 16, 1995
Page 5
ITEM 6-K APPROVE WETLAND REPLACEMENT PLAN FOR WAYZATA
HIGH SCHOOL: NORTHWEST CORNER OF PEONY LANE AND C.P.
RAILROAD
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 95-281 APPROVING FILLING
WETLANDS AND THE WETLAND REPLACEMENT PLAN FOR
INDEPENDENT SCHOOL DISTRICT NO. 284 THE NEW WAYZATA
HIGH SCHOOL.
Motion carried, seven ayes.
ITEM 6-L AUTHORIZE REQUEST FOR PROPOSALS FOR PLYMOUTH
WATER RESOURCES MANAGEMENT PLAN
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to authorize the City Engineer to solicit proposals for professional
engineering services for the preparation of the Plymouth Water Resource
Management Plan.
Motion carried, seven ayes.
ITEM 6-M APPROVE ENVIRONMENTAL ASSESSMENT WORKSHEET
EAW) FOR SCHMIDT LAKE ROAD ALIGNMENT FROM VICKSBURG LANE
TO PEONY LANE, PROJECT NO. 316
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 95-279 DECLARING FINDING OF "NO
NEED" FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS)
BASED ON THE REVIEW OF THE ENVIRONMENTAL ASSESSMENT
WORKSHEET (EAW) DATED FEBRUARY 24, 1995 FOR THE
ALIGNMENT OF SCHMIDT LAKE ROAD FROM VICKSBURG LANE
TO PEONY LANE CITY PROJECT NO. 316.
Motion carried: seven ayes.
ITEM 6-N SET HEARING ON VACATION OF DRAINAGE AND UTILITY
EASEMENT WITHIN LOT 2. BLOCK 1. HEMLOCK LANE ADDITION
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 95-288 ORDERING PUBLIC HEARING
ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY
EASEMENT HEMLOCK LANE ADDITION.
Regular Council Meeting
May 16, 1995
Page 6
Motion carried, seven ayes.
ITEM 6-0 SET HEARING ON VACATION OF EASEMENT ON FORMER
COUNTY ROAD 6 RIGHT-OF-WAY
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 95-289 ORDERING PUBLIC HEARING
ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY
EASEMENT WITHIN THE SOUTH HALF OF VACATED COUNTY
ROAD NO. 6 ADJACENT TO THE NORTH LINE OF BLOCK 7 BEACON
HEIGHTS FIRST ADDITION.
Motion carried, seven ayes.
ITEM 6-P APPROVE RESOLUTION PROHIBITING PARKING ON THE EAST
SIDE OF NATHAN LANE FROM SCHMIDT LAKE ROAD TO 51ST AVENUE
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 95-290 APPROVE "NO PARKING"
SIGN INSTALLATION
Motion carried, seven ayes.
MM 6-0 APPROVE RESOLUTION AUTHORIZING A PARTIAL RELEASE
OF BASS CREEK BUSINESS PARK FROM OBLIGATION OF DEVELOPMENT
CONTRACT 88146
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 95-291 AUTHORIZING PARTIAL
RELEASE OF DEVELOPMENT CONTRACT BASS CREEK BUSINESS
PARK ADDITION AND BASS CREEK BUSINESS PARK 3RD
ADDITION.
Motion carried, seven ayes.
ITEM 6-R APPROVE LOT DIVISION/CONSOLIDATION AND VARIANCES
FOR PROPERTY LOCATED AT 14690 -11TH AVENUE NORTH. JOHN AND
SHARON RYAN (95019)
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 95-292 APPROVING LOT
DIVISION/CONSOLIDATION AND VARIANCES FOR JOHN AND
SHARON RYAN FOR PROPERTY LOCATED AT 14690 -11TH AVENUE
NORTH. (95019)
Regular Council Meeting
May 16, 1995
Page 7
Motion carried, seven ayes.
ITEM 6-S APPROVE SITE PLAN AMENDMENT, SUBURBAN HENNEPIN
REGIONAL PARK DISTRICT. (95026)
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 95-293 APPROVING THE SITE PLAN
AMENDMENT FOR SUBURBAN HENNEPIN REGIONAL PARK
DISTRICT FOR PROPERTY LOCATED AT FRENCH REGIONAL
PARK, 126115 COUNTY ROAD 9 (95026).
Motion carried, seven ayes.
ITEM 6-U APPROVE REZONING, RPUD PRELIMINARY PLAN/PLAT,
CONDITIONAL USE PERMIT AND VARIANCE FOR WAYZATA HIGH
SCHOOL AND NINTH CITY PLAYFIELD (94131)
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt ORDINANCE 95-28 AMENDING THE ZONING
ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED
NORTHWEST OF THE INTERSECTION OF PEONY LANE AND THE
SOO LINE RAILROAD. (94131)
Motion carried, seven ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 95-294 APPROVING A RESIDENTIAL
PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT,
CONDITIONAL USE PERMIT AND VARIANCE FOR ISD 284
WAYZATA) AND THE CITY OF PLYMOUTH FOR PROPERTY
LOCATED NORTHWEST OF THE INTERSECTION OF PEONY LANE
AND THE SOO LINE RAILROAD (94131).
Motion carried, seven ayes.
ITEM 6-V APPROVE SITE PLAN AMENDMENT, PATRICK BUSCH/LEN
BUSCH ROSES (95037)
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 95-295 APPROVING SITE PLAN
AMENDMENT FOR LEN BUSCH ROSES LOCATED AT 4045 CO. RD.
101 (95037).
Regular Council Meeting
May 16, 1995
Page 8
Motion carried, seven ayes.
ITEM 6-W APPROVE 1995-1998 CAPITAL IMPROVEMENTS PROGRAM
95040
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 95-296 APPROVING AMENDMENTS
TO THE 1995-1998 CAPITAL IMPROVEMENTS PROGRAM, with revised
materials presented at this meeting.
Motion carried as amended, seven ayes.
ITEM 6-X APPROVE FINAL PAYMENT FOR DEVELOPMENT OF
WETLAND PROTECTION ORDINANCE (94072)
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to approve $12,865.55 for Dahlgren, Shardlow and Uban, Inc. (DSU) for
work over and above that originally contracted for in the development of the
Wetland Protection Ordinance.
Motion carried, seven ayes.
ITEM 6-Z APPROVE CLEANING CONTRACT FOR CITY BUILDINGS
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 95-297 APPROVING CITY BUILDINGS
CLEANING CONTRACT.
Motion carried, seven ayes.
ITEM 6 -AA INDUSTRIAL REVENUE BONDS FOR ADVANCED
DUPLICATION SERVICES, INC.
This item was withdrawn at the request of the applicant and was removed from the
agenda.
ITEM 6-T MODIFICATIONS TO MPUD PLAN APPROVAL FOR WETLAND
POST PLACEMENT. DANIEL DEVELOPMENT (95055))
Councilmember Lymangood stated that this request by Daniel Development for
modifications to the MPUD Plan approval for wetland post placement would
reduce the requirement of posting wetland notices. He said the developer had
originally agreed to put the notices in at twenty foot intervals. Since the plat was
approved before the adoption of the wetlands ordinance, it does not comply with
Regular Council Meeting
May 16, 1995
Page 9
the natural buffer requirements contained in the ordinance, and he believes the
original agreement should be enforced. He will not support the request.
Planning Director Hurlburt stated that the request would make the monuments in
this subdivision consistent with other subdivisions that were approved under the
new wetlands ordinance. She stated that the 20 -foot distance between the
monuments seemed excessive when placed in yards of homes under construction.
Also, once the homes are occupied, residents will have a difficult time maintaining
and keeping the signs in place.
Mayor Tierney stated that she had doubts about the placement of the signs and
was glad the issue was addressed by the wetlands ordinance for uniformity
throughout the city.
Councilmember Anderson asked staff what could be considered a compromise
distance between the approved 20 feet and the requested 200 feet for the marker
placement.
Director Hurlburt said there would not be any markers placed at the 200 -foot
intervals because there are not lots of that width in the subdivision. The markers
would more likely be a maximum of 80 to 120 feet apart. She said that staff sees
no reason to exceed the distances contained in the wetland ordinance in this
subdivision.
Councilmember Lymangood stated that since the approval of the wetland
ordinance, the City has learned that this area is the fourth highest environmentally
sensitive property in the City. He believes some additional posting is appropriate.
Councilmember Helliwell stated that there will be one sign per lot. She feels that
too many signs would be unsightly.
Planning Director Hurlburt said the posts would be 4" x 4" and four feet high.
Staff is working on how the signs would actually look.
Mayor Tierney said that homeowners would not want the appearance of a string of
signs and posts along their property.
MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to
adopt a resolution amending conditions to be met for MPUD 95-1 for the Ponds at
Bass Creek and Harrison Place on Bass Creek for property located south of
County Road 10 at Trenton Lane (95055).
Councilmember Wold said that he understands concerns about aesthetics but there
are other concerns as well. He would like some sort of buffers to remove
Regular Council Meeting
May 16, 1995
Page 10
phosphorus and other toxic materials. In lieu of the buffers that would have been
provided under the wetlands ordinance, the City should retain the extra precaution
of extreme signage to preserve the wetland.
City Manager Johnson said that while the area is an environmentally sensitive
property, having signs every 20 feet may end up provoking destruction later as
people get tired of the signs or show disrespect. He suggested that an alternative
may be to require signs at the midpoint of each lot, as well as at the lot corners, to
help define the area.
Mayor Tierney said that the signage material will deteriorate in 15 to 20 years,
creating an unpleasant look that the City should avoid.
MOTION to amend was made by Councilmember Edson, seconded by
Councilmember Anderson, to require placement of monuments at each lot line and
at the midpoint of each lot along the wetland buffer edge.
Motion to amend failed: Anderson, Edson, and Granath ayes; Helliwell,
Lymangood, Wold and Tierney nays.
Main motion failed: Helliwell and Tierney ayes; Granath, Edson, Anderson, Wold,
and Lymangood nays.
Community Development Director Hurlburt stated that the developer could return
with a request for an alternative design of the monument which may be less
obtrusive.
ITEM 8-A NANTERRE - WESTON HILLOWAY CORP.. MOEN LEUER
CONSTRUCTION (94093)
Community Development Director Hurlburt stated the proposed "Nanterre"
project is located west of Vicksburg Lane, generally south of the Soo Line
Railroad, north of the Hollydale Golf Course, and straddles the future Schmidt
Lake Road alignment. The plat provides for a single family dwelling area south of
Schmidt Lake Road, and concept plan approval for a townhome area at the west
end of the site. She stated the petitioner is submitting only a sketch plan for the
nothern area because it lies outside of the City's urban service area (MUSA). This
area is being reviewed only because grading work is required.
Director Hurlburt stated that a major issue was concern by the golf course owners
about drainage from the site to the golf course. A proposed agreement provides
for redirection of runoff water from about 13 acres from the site so it will not flow
toward the golf course. The Hollydale Golf Course owners have also asked about
holding ponds in the Autumn Hills subdivision to the south. That concern is under
Regular Council Meeting
May 16, 1995
Page 11
consideration by staff, but is not within the scope of this project area. She said the
Council will also consider the possible securing of easements south of the golf
course in a separate resolution.
Director Hurlburt reported that other issues have been resolved. The issue of
fencing between the Nanterre development and the golf course is resolved, with
both parties sharing the fencing costs. The applicant has objected to a requirement
of a "hold harmless" provision, but the City Attorney recommends such a provision
be included in all future development agreements. Staff is recommending no
change in that requirement. She also addressed the applicability of the new
sidewalk ordinance to this subdivision. A trail is included in the City's trail plan on
the south side of Schmidt Lake Road. The City could also require a trail on the
northerly side at a later date.
Mayor Tierney asked if the area north of Schmidt Lake Road is a concern.
Community Development Director Hurlburt said the area is not expected to be
included in the urban service area (MUSA) for several years, but sketches had to
be included with this subdivision proposal for grading purposes.
Mayor Tierney questioned the inclusion of a fence around the golf course
property.
Director Hurlburt stated this came as a request of the golf course owners. She
said it is not a requirement of all subdivisions.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Anderson, to adopt ORDINANCE NO. 95-29 AN ORDINANCE
AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN
LANDS LOCATED WEST OF VICKSBURG LANE AT SCHMIDT LAKE
ROAD;
RESOLUTION NO. 95-301 APPROVING A RESIDENTIAL PLANNED
UNIT DEVELOPMENT CONCEPT PLAN, PRELIMINARY PLAN/PLAT,
AND CONDITIONAL USE PERMITS FOR WESTON, HILLOWAY
CORP. AND MOEN LEDER CONSTRUCTION LOCATED WEST OF
VICKSBURG LANE AT SCHMIDT LAKE ROAD (94093); and
RESOLUTION NO. 95-298 STAFF DIRECTION REGARDING
DRAINAGE EASEMENTS ON CHANNEL NORTH OF COUNTY ROAD 9
AND PONDING AREAS IN AUTUMN HILLS ADDITION
Councilmember Anderson thanked the Mayor for her efforts in working out
differences in the development agreement.
Regular Council Meeting
May 16, 1995
Page 12
Richard Bloom, 6060 Chasewood Parkway, Minnetonka, represented Weston
Corporation. He thanked staff for their assistance on reaching agreements on
several issues impacting this application. He introduced Weston Corporation
attorney, Jerry Brill, to address the hold harmless clause.
Jerry Brill, 4827 Queen Avenue South, Minneapolis, stated he has concerns with
the hold harmless provision. He said that the City Attorney indicated that this
addresses potential liability with respect to the potential for storm water and
erosion damage. Mr. Brill believes this language is too broad. He said that an
insurance policy would cover claims of homeowners who suffered damage from an
inadegately drained site. He believes that the City is seeking to make the
developers responsible for the overall city-wide drainage plan. Mr. Brill requested
to see the final wording of the hold harmless agreement.
Attorney Knutson said the resolution requires a hold harmless agreement, but the
development contract will contain the final wording.
Councilmember Anderson said he is strongly in favor of retaining the hold
harmless provision, with the attorneys to later negotiate the exact wording.
Mayor Tierney asked Bill Deziel to address the issue of a fence bordering the golf
course.
Bill Deziel, 4540 Holly Lane, stated that the fencing issue has arisen since the
development of the abutting Autumn Hills Addition. He said that children, dogs,
and golfers have used different points of the golf course for access, and golf
courses around the metro area use fences to prevent vandalism and improper
access. He said that the intent is to find a type of fence that will not be
objectionable to homeowners.
Mayor Tierney said she understands concerns about vandalism access by
snowmobiles.
Councilmember Anderson moved the question.
Motion carried, seven ayes.
ITEM 8-B JANCO. INC. (94155)
Community Development Director Hurlburt described the request of Janco, Inc.,
for Land Use Guide Plan Amendment, MPUD Concept Plan, MPUD Preliminary
Plan/Plat and Conditional Use Permit for Rockford Glen for property located at
the southeast corner of Old Rockford Road and Peony Lane. The project includes
Regular Council Meeting
May 16, 1995
Page 13
a 2.7 acre outlot for a small neighborhood retail center, along with a mix of
housing. There are 92 attached multi -family units, 44 zero -lot line detached
homes, and eight traditional single family homes proposed. There is an existing
home on the site that would be removed. She said that this proposed housing mix
is not representative of the current housing construction in the City, but it provides
a moderately priced alternative.
The developers are requesting an MPUD rather than an RPUD because of a small
commercial retail area proposed at Rockford Road and Peony Lane. She said the
only access to the property would be from Rockford Road because of
environmental regulations over the wetlands on the site. She stated there is no real
opportunity to develop office use on the site, since the surrounding area is
developing in a much more residential character.
She said that staff recommends approval of the applications. She explained that
this project application was submitted prior to approval of the City's wetlands
ordinance. There are many wetlands on the site, but only two-tenths of an acre of
wetlands would be impacted. She explained that 1.65 acres of wetland would be
mitigated as extra wetlands on this site to make up for some that has been lost on
the French Ridge project several miles away.
Community Development Director Hurlburt said that the approvals for only the
residential portion of this project are before the Council at this time. The
commercial portion of the project is a concept plan approval only and will return
to the Council with more detailed plans. She said that questions were received
from residents about whether current residents would be required to connect to
city utilities and be assessed for improvements. She said that hook-up is not
necessary now, but could be required later as the area develops.
Director Hurlburt stated another concern related to Highway 55 access. The only
way to currently get directly to the existing homes is by Highway 55. At some
future time, the Department of Transportation may find it necessary to close this
access. Therefore, the development plan proposes access from the north via 41 st
Avenue. This alternative access will initially be chained off and used only for
emergency access. All access to the site would be from Rockford Road until
access to Highway 55 is closed.
Councilmember Anderson asked about installing sidewalks along the street off of
Highway 55.
Director Hurlburt said that staff would not recommend sidewalks in this location
since it will be used only as a local access and not as a collector.
Regular Council Meeting
May 16, 1995
Page 14
Councilmember Anderson asked about the noise levels in the area, particularly
during peak commuting hours on Highway 55. He asked what could be done, in
addition to placement of special windows, to reduce the potential problem of noise
in the future.
Director Hurlburt said the planning division worked with the applicant to move
homes away from Highway 55 as far away as possible.
Councilmember Granath asked how close houses would be to Highway 55.
Director Hurlburt deferred that question to the developers.
Councilmember Lymangood asked if landscape improvements are proposed
around 41 st Avenue.
Director Hurlburt stated parking spaces for townhome sites near 41 st Avenue may
be screened from other areas.
Tom Graham, of Janco, Inc., said the noise abatement plan involves a berm, 6 -foot
high fence, and spruce trees 50 feet on center. He stated that David Brasslow, an
environmental sound engineer recommended the window treatment designs and
berms.
Councilmember Anderson asked about early morning noise levels, and restated his
concern about the noise levels in the area.
Mr. Graham said the noise levels along Highway 55 increase during the week, but
that Janco, Inc., complied exactly with the recommendations of the environmental
sound engineer. Mr. Graham stated that the nearest condominium to Highway 55
is well over 100 feet from the highway right-of-way.
Councilmember Anderson asked staff if the City has a history of allowing
residential developments so close to Highway 55.
Community Development Director Hurlburt did not believe this has been done in
the past. However, she noted that the application based noise abatement designs
on increased traffic expectations along Highway 55. She cited the study that
monitored noise levels in this area. The levels were about 11 decibels above the
state noise pollution guidelines which is not unusually noisy.
Councilmember Wold stated that the concerns about noise pollution are valid since
the decibel increase over the guidelines is on an exponential scale.
Regular Council Meeting
May 16, 1995
Page 15
Mr. Graham pointed out that the noise levels in the report are as the area is now -
not after the berm is in place.
Councilmember Granath agreed with the concerns over potential for noise
pollution. He was glad this issue was addressed in the development of the project.
Mayor Tierney invited residents to speak.
Kathy McGowan, 17530 Highway 55, said that 41st Avenue abuts the rear of her
property. She asked if there will be a divider between the existing homes and the
new development.
Mr. Graham stated the area has many trees now, but they would consider planting
trees every 25 feet along the development line.
Director Hurlburt explained that in addition to the trees, a berm is proposed along
the south side of the development where the zero -lot line homes abut the existing
developments.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-299 APPROVING COMPREHENSIVE
PLAN AMENDMENT FOR JANCO INC. FOR PROPERTY LOCATED
AT THE SOUTHEAST CORNER OF OLD ROCKFORD ROAD (CO. RD.
9) AND PEONY LANE NORTH (94155), and
RESOLUTION 95-300 APPROVING A MIXED PLANNED UNIT
DEVELOPMENT CONCEPT PLAN, PRELIMINARY PLAN/PLAT AND
CONDITIONAL USE PERMIT FOR JANCO INC. LOCATED AT THE
SOUTHEAST CORNER OF OLD ROCKFORD ROAD (CO. RD. 9) AND
PEONY LANE (94155) with the amendment to Condition 8 that full screening of
parking spaces shall be provided in addition to adherence with the existing
landscape plan.
Motion carried, seven ayes.
ITEM 8-C-1 APPROVE MPUD PRELIMINARY PLAN/PLAT FOR PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF COUNTY ROAD 24 AND
HIGHWAY 55. MOEN. LEUER CONSTRUCTION. INC. (95005)
Community Development Director Hurlburt introduced the proposed plan for the
Plymouth Ponds Business Park, located at County Road 24 and Highway 55. She
stated that the development plan was submitted before the moratorium on
commercial/industrial plats was adopted. The applicant is requesting approval of a
31.9 acre MPUD Preliminary Platn/Plat for a four -building 292,000 square foot
Regular Council Meeting
May 16, 1995
Page 16
industrial park. A MPUD Final Plan/Plat was submitted along with the MPUD
Preliminary Plan/Plat. The Final Plan is for building number one only. The site
plan for building one would be considered at a future meeting. This area is part of
the original Seven Ponds PUD. The areas to the south and west of Medina Road
are developed as residential areas.
She explained that residents have concerns about the school bus stop at Holly Lane
and Medina Road, and about the need for some type of trail along Medina Road.
The trail issue will be dealt with by the City's Open Space and Trail referendum.
She said that the development was planned with Holly Lane as the main access to
the business park, and the plan examined the type of traffic that would be
generated by this use. She stated this sort of industrial park has the fourth highest
traffic numbers behind shopping centers, offices, and attached residential units.
Hennepin County Department of Transportation initially wanted right turn -in only,
but has revised that to allow right turn -in and right turn -out onto County Road 24
for the development. If there is a congestion problem in the future, signalization
may be needed at Medina Road and County Road 24.
She stated that the extension of Holly Lane beyond its present cul-de-sac was
examined. Development is not imminent to the abutting property. When that
property is developed, Holly Lane would be extended through several wetland
areas. Director Hurlburt said the issue of loading docks were questioned in the
plan, but the plans have been revised to delay any plans for loading docks to
conform with any upcoming changes in the City's Zoning Ordinance.
Councilmember Granath asked if County Road 24 would be the primary access to
the site, given the change in the entry and exit currently in the plan.
Director Hurlburt said that entrance to the site from County Road 24 is actually a
private driveway, but it will be first opportunity to enter the development. She
stated it is likely that much of the south or west existing traffic will enter there.
However, traffic wishing to go back to Highway 55 will have to use the exit on
Medina Road. The streets would also have to be posted to prohibit U-turns.
Councilmember Anderson asked if the location of buildings two, three, and four
would be revised to comply with any future zoning regulation changes that are
currently under review.
Director Hurlburt stated that if standards affecting the buildings are changed, it
would have to be addressed at that time.
Councilmember Anderson asked when a trail would be required on the north side
of Medina Road.
Regular Council Meeting
May 16, 1995
Page 17
Director Hurlburt stated that this development would contribute to the City's
sidewalk development fund, but a trail will go in within 18 months if the Open
Space/Trail referendum passes on May 23. If the referendum fails, the trail would
be included on a priority basis on the list of trails in the City.
Councilmember Anderson asked what could be done to get the trail constructed at
the beginning of development.
Director Hurlburt said the goal is to keep children on the south side of Medina
Road for access to the residential developments on Holly Lane and Jewel Lane.
This issue would need to be a separate consideration by the Council.
Councilmember Anderson asked that the issue of a sidewalk in this area be placed
on the agenda for the next Council meeting.
Councilmember Lymangood stated it is significant that the developer has reduced
the number of loading docks. He suggested that language in the resolution be
clarified to read "16 docks would be operative in both buildings total." He also
asked when the sidewalk would go in and at whose expense would it be
constructed.
Mayor Tierney introduced the developers.
Brad Moen, 2605 Fernbrook Lane, Moen Leuer Construction, said his firm met
with Hans Hagen who would install the trail as soon as possible. Moen Leuer
would install a bus stop where the residents would like to have one placed. There
would be plans to do some screening around the development. His firm has talked
with potential tenants of the buildings who expect they will only have three to four
trucks per week.
City Attorney Knutson said such an amendment to the resolution was possible.
Mr. Moen said he is concerned that the right -out only signage will be unclear to
people who have never been to the development. He believes that exiting traffic
will use a residential driveway on County Road 24, turn onto Medina Road, and
make a U-turn at the development entrance. He stated he has concerns that
congestion may be created.
City Manager Johnson said that based on meetings with the company, he believes a
lot of the traffic problems will be controlled by properly located signage within the
development.
Councilmember Anderson asked about installing a traffic signal at Medina Road
and County Road 24.
Regular Council Meeting
May 16, 1995
Page 18
Public Works Director Moore said the projected traffic increase would warrant a
signal within five to ten years.
Mayor Tierney allowed the public to comment, but reminded people that this
discussion is not a public hearing.
Stephen Frangier, 3445 Holly Lane North, said that positive changes have been
made in the proposed project. He still has concerns with a residential cul-de-sac
sharing an intersection with this development, and requested that efforts be made
to mitigate the traffic.
Greg Katchmark, 3475 Holly Lane North, said he and other residents still have
concerns about traffic and safety relating to the proposed project.
Dan McCarthy, 3455 Holly Lane North, spoke against the proposal and asked for
assurances that the development would not affect the safety of residents. He asked
if the proposal was consistent with the original Planned Unit Development 90428,
which speaks about traffic and safety concerns and questioned the appropriateness
of development to the abutting neighborhood. He believes there may be covenants
on some properties against such development. He feels that there is no assurance
that a negative traffic situation will be avoided. He expressed concerns about the
safety of children at school bus stops, as well as the ability of truck drivers to see
children around the berm areas.
Community Development Director Hurlburt said that private convenants may have
been recorded relating to the outlots in the proposal. She said that staff has no
confirmation of this. If the covenants do exist, the City could not be a parry in
enforcement. She said that meetings with school district personnel were held to
discuss how and where school buses drop off and pick up children. She said that
trucks will not likely drive down Holly Lane since it is posted as a dead-end street.
She said that alternate resolutions will be provided if Hennepin County changes its
position on the right -out exit. The Council could adopt this alternate resolution,
but staff does not recommend it.
Harry Lindbergh, 3435 Holly Lane North, stated he is concerned about the school
bus stop. He said that meetings with school officials indicated they believed a
different ingress/egress would be safer, but the school officials would make a safe
bus stop where it was designated. Mr. Lindbergh thought it important that
Planning Commissioners voting not to recommend the project were concerned
with traffic congestion, saying the development was not in the best interest for
residents. He is concerned about the future extension of Holly Lane and the timing
of construction of the right -in and right -out access on County Road 24.
Regular Council Meeting
May 16, 1995
Page 19
Community Development Director Hurlburt cited situations of shared access by
residential and industrial areas, but none that are adjacent to cul-de-sacs.
Laurie Jones, 3430 Jewel Lane, stated concerns that the traffic access to County
Road 24 could be delayed and burden traffic on Holly Lane. She requested that
trail construction be done before construction of the project.
Mike Leuer, 2605 Fernbrook Lane, representing Moen-Leuer Construction, asked
if the "hold harmless" condition in the resolution could be negotiated with the City
Attorney, similar to the Nanterre plat.
Attorney Knutson said that could be done.
Mayor Tierney called a break at 9:30 p.m. The meeting resumed at 9:37 p.m.
MOTION was made by Councilmember Granath, seconded by Mayor Tierney, to
adopt RESOLUTION 95-280 APPROVING MPUD PRELIMINARY
PLAN/PLAT FOR MOEN LEUER CONSTRUCTION INC. FOR
PROPERTY LOCATED AT THE NORTHWEST CORNER OF CO. RD. 24
AND MEDINA ROAD (MPUD 91-1) (95005), amended version of the
resolution distributed at this Council meeting, with revision to a portion of
Condition 2 to read: "No more than 16 of the docks in buildings 1 and 2
together may be operable at any one time."
MOTION to amend the main motion was made by Councilmember Anderson,
seconded by Councilmember Granath, to add Condition 9 that "The Developer
shall design, construct and pay for a trail and bus stop on the south side of Medina
Road between Holly Lane and Jewel Lane. Plans and specifications for the trail
and bus stop shall be submitted to the City for approval within 45 days of adoption
of this resolution."
Councilmember Helliwell asked if that timeline could be shortened.
Community Development Director Hurlburt responded that 45 days is quite fast to
get the plans and siting completed.
City Manager Johnson added that the developer would not be subject to the
bidding processes that the City must follow for similar projects.
Motion to amend carried, seven ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to amend Condition 5 to read: "Access from County Road 24 shall be as
approved by Hennepin County in their letter of May 16, 1995. The additional
Regular Council Meeting
May 16, 1995
Page 20
right -out access beyond the right turn in shown on the preliminary plan/plat is
approved and the plan shall be revised to accommodate the additional access. The
right -in and right -out access to County Road 24 shall be constructed prior to
issuance of a certificate of occupancy for the second building."
Motion to amend carried, seven ayes.
Main motion as twice amended carried: Lymangood, Helliwell, Granath, Edson,
and Tierney ayes; Anderson and Wold nays.
ITEM 8-C-2 APPROVE WETLAND REPLACEMENT PLAN FOR PLYMOUTH
PONDS BUSINESS PARK: SOUTHWEST CORNER COUNTY ROAD 24 AND
HIGHWAY 55
Public Works Director Moore stated that seven wetlands exist on the property for
Plymouth Ponds Business Park at the southwest corner of County Road 24 and
Highway 55. Four of these wetlands are exempt from the wetlands ordinance.
Two of those are created and fed by septic tanks, and the other two exempt
wetlands were developed when berming was created along Medina Road and
blocked drainage. Mitigation at a 2:1 ratio is proposed for the other three
wetlands on the property, and this conforms with the wetland replacement plan.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 95-282 APPROVING MPUD
PRELIMINARY PLAN/PLAT FOR MOEN LEUER CONSTRUCTION
INC. FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF
CO. RD. 24 AND MEDINA ROAD (MPUD 91-1) (95005)
Motion carried; six ayes; Anderson nay.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 95-303 AUTHORIZING THE MAYOR
TO SIGN THE CERTIFICATE OF EXEMPTION FROM THE 1991
WETLAND ACT.
Motion carried, six ayes; Anderson nay.
ITEM 9-A REPORT ON REMOVAL OF TREES AT ARMSTRONG HIGH
SCHOOL
Community Development Director Hurlburt updated the Council on the
developments at the Armstrong High School stadium construction site. She said
that a building permit has not yet been issued. Before staking was done, a
subcontractor removed trees, including some that were designated to be protected.
Regular Council Meeting
May 16, 1995
Page 21
Meetings have been held with school district officials and residents. A
reforestation plan has been introduced and further meetings are planned.
Director Hurlburt said that there have been discussions about some design
changes, including to the nurp pond location. Changes in the size of the nurp pond
meant removal of more trees. She stated that staff did not view this as a major
change in the plan that would require a return to the permitting process. She said
that additional trees were removed southwest of the practice area, and that it was
understood by some residents that these trees were not to be touched. She said
this was never the case, but it was not specifically discussed. The school district is
now adding trees through a reforestation plan, and fencing has been installed to
clearly mark the construction area.
City Manager Johnson said this item was classified as a report on the agenda since
not all the neighbors involved have had a chance to see it. He introduced Jim
Dahle, representing School District 281.
Jim Dahle, Independent School District 281, apologized for errors in the
development. He said the school district has a plan for reforestation and intends to
do whatever is necessary to correct any mistakes made.
Councilmember Granath asked if the subcontractor involved with the tree removal
is still working on the project.
Mr. Dahle said that to his knowledge, all subcontractors are still working on the
project.
Councilmember Anderson asked why this error was not recognized by the
construction manager.
Mr. Dahle said they didn't have a construction manager, but Whitey Johnson was
appointed to act as liaison with the contractors. His demands as acting
superintendent drew him away from those duties and what should have been done.
Councilmember Anderson stated that this sort of situation has previously caused
problems in Plymouth, and he suggested that a construction manager be employed
to avoid future similar situations.
City Manager Johnson pointed out that the word "misunderstanding" has been
mentioned repeatedly with regard to this situation. He believes that extra
communications would be a good idea to avoid further misunderstandings that
could occur.
Regular Council Meeting
May 16, 1995
Page 22
Mr. Dahle said that one idea, derived from a May 15 meeting, was a newsletter
regularly sent to affected residents and school district people to keep them up to
date on the project.
City Manager Johnson also suggested that a hotline be established for residents to
call the school district for information and with comments.
Councilmember Granath stated that he could not attend the May 17 meeting, but
asked Mr. Dahle to convey to residents that he is concerned for his constituents.
City Manager Johnson suggested a special meeting during the week of May 22 to
reexamine issues. Representatives of the City Forester's office could be asked to
provide an update.
Mayor Tierney asked for public comment.
David George, 10630 34th Avenue North, stated he is concerned that there was
not more discussion during the project approval about the trees, berm, and nurp
pond. He does not feel that residents abutting the project were adequately
protected, and he has concerns about the potential for increased drainage and
erosion.
Don Johnson, 10725 34th Avenue North, expressed concerns about construction
of the project to date. He believes there has been a breach of faith with the
community. He didn't recall discussions of a practice field being installed that
would reduce the hillside and remove trees.
Kerry Brekke, 10830 34th Avenue North, stated that the neighborhood was in
favor of the field. However, there have been three major variances from the plans
that the neighbors reviewed: 1) The nurp pond has been moved southerly into the
tree line and destroying 67 trees; 2) There was no practice field in the plan; and
3) The berm site was moved northerly and additional trees were impacted. She
believes the school district is responsible for correcting the problem, and the City is
responsible for upholding the terms of the Conditional Use Permit. She said the
neighbors want to be kept informed and that no further construction should occur
until the neighbors are satisfied. She stated the reforestation plan and variances
from the original plan should go before the Planning Commission so that the
affected neighbors can see the proposals. She would like the nurp pond moved
back to where it was originally planned, the practice field moved elsewhere on the
site, and the berm replaced on the southwest side of the site.
Linda Oja, 10415 34th Avenue North, introduced Planning Commission minutes
from the consideration of the site plan amendment on July 20, 1994, and spoke of
the location of trees on the site. She stated the Planning Commission minutes of
Regular Council Meeting
May 16, 1995
Page 23
July 27, 1994, indicate that the topography would not be disturbed along the south
and east portion of the site with natural buffering on the sides. She read that the
architectural firm of Anderson and Johnson addressed the drainage issues, noting
that the nurp pond and drainage tiles would not disturb the trees. Ms. Oja stated
that the school district called the City planning division and received approval to
move the nurp pond southerly so that the district could hold graduation on the site.
She said that small change resulted in the loss of 67 trees on the site.
Ms. Oja read from the City Council minutes of August 29, 1994, that notes from
the architectural firm stated it would be unlikely that residents would see the press
box because of the height of the surrounding trees. She said those tree were cut
down and showed slides of the tree cuttings.
Ms. Oja stated that neighbors have three areas of concern: the berm on 34th
Avenue, the nurp pond, and the tree removal. They would like trees to be replaced
on a 2:1 ratio. The type of trees should be approved by the City Forester, and the
landscaping plan should go back to the Planning Commission for review by the
neighbors and approval by the Commission.
DeeAnn Rosen, 10820 34th Avenue North, stated the plans previously reviewed
by the neighbors were modified. She requested that the replacement trees be of a
comparable quality. Her lot abuts the creek, and she would like the issue of runoff
also addressed. She said neighbors are asking for a halt to construction so that
some study can be done.
John Byrnes, 10705 34th Ave North, expressed concern about the clear -cutting of
the old growth. He is concerned about the appropriate type and quality of the
replacement trees planned for the site.
Barbara Temp, 10505 34th Avenue North, said she lives directly across from the
natural berm. She stated that further construction is scheduled to commence in
two days and asked for assurance that issues will first be addressed.
City Manager Johnson said no permits would be issued for continuation of the
project. Nothing further will occur until the Council reviews the plans.
Ms. Temp said she is concerned that removal of the berm will cut into the roots of
the remaining trees. She requested that cleaning up litter after games be extended
to include the clean-up of the garbage left in the woods along the neighbors' lots as
well.
Mayor Tierney asked staff to comment on the requests of neighbors.
Regular Council Meeting
May 16, 1995
Page 24
Community Development Director Hurlburt addressed the changes in the berm
location and agreed that the tree removal along the berm should not have
occurred. She said that the practice field was always shown on the plan, but it was
not explicitly discussed. The nurp pond design and location did change slightly.
Public Works Director Moore stated that a permit has not yet been granted for the
nurp pond. It was found to not be large enough to meet the design requirements,
and some trees were originally slated to be removed. He said that the enlargement
of the nurp pond, required some further trees to be removed.
Councilmember Lymangood stated that there was a significantly larger area of
trees removed than had been permitted in the nurp pond area. He asked if the nurp
pond design will be approved.
Public Works Director Moore said the details on the pond have not yet been
submitted in order to determine whether approval may take place.
Mayor Tierney directed City Manager Johnson to draft a report for Council
consideration, involving staff and the school district, to find the best solutions to
the issues.
Councilmember Edson suggested that the Council should call a special meeting to
consider some action on the issues. He said an error has occurred, and correction
is needed in a proactive manner as quickly as possible.
Councilmember Lymangood thanked the neighbors for the initial calls on the
situation. He stated that three issues to be addressed. First, there has been a valid
loss of trust of public institutions. Second, needless destruction has occurred for
which there was verbal, if not written, protection. Third, students must be
provided a forum for their competitive games. He does not want to see a repeat of
the stadium construction problems that occurred in New Hope. He does not
believe the reforestation plan is sufficient to repair the breach of trust, and he is not
convinced that things will be done to ensure stadium completion by fall for
football. Councilmember Lymangood stated he wants to see an all out effort to
restore trust, restore the area, and a commitment that this will not happen again,
before football occurs there this fall.
Councilmember Anderson asked Mr. Dahle for confirmation that there is no plan
to start construction.
Mr. Dahle said nothing will begin until at least after the meeting with neighbors.
Regular Council Meeting
May 16, 1995
Page 25
Councilmember Lymangood stated that he would like no construction to occur
until the Council considers the issues.
City Manager Johnson suggested that the referendum election canvass and a
discussion of these school stadium issues could be combined for a special council
meeting on May 24.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-277 ESTABLISHING A SPECIAL
COUNCIL MEETING ON MAY 24 BEGINNING AT 5:30 P.M.
City Manager Johnson stated that other topics could be included for discussion at
this meeting: City business survey, and Elm Creek cluster plan.
Councilmember Edson requested that the issues relating to the Armstrong High
School stadium construction be discussed at 6 p.m., regardless of other items on
the agenda for discussion.
Councilmember Lymangood said he would provide large scale plans to the
neighbors, and he has a video. He also requested that the City Forester be
available for questions and consultation.
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember Edson,
to table Item 6-Y.
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Mayor Tierney, to delete
Item 6-C.
Motion carried, seven ayes.
MOTION was made by Councilmember Granath, seconded by Councilmember Anderson,
to adjourn the meeting at 10:55 p.m.
Motion carried, seven ayes.
Kurt Hoffm
Senior Cler ypist, Administration