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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