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HomeMy WebLinkAboutCity Council Minutes 12-06-1993MINUTES REGULAR COUNCIL MEETING DECEMBER 6, 1993 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on December 6, 1993. PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell, Tierney, and Vasiliou ABSENT: None STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Park Director Blank, Public Safety Director Gerdes, City Engineer Faulkner, Park Superintendent Peterson, Associate Planner Keho, City Attorney Meller, and City Clerk Rauenhorst ITEM 5 APPROVE AGENDA MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to approve the agenda. Motion carried on a roll call vote, five ayes. ITEM 6 CONSENT AGENDA Councilmember Helliwell requested that her nay vote be reflected on Item 6-1-2. Items 6-F and 6-J were removed from the Consent Agenda. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt the Consent Agenda as amended. Motion carried on a roll call vote, five ayes. ITEM 6-A APPROVE CITY COUNCIL MINUTES MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to approve the City Council minutes of the October 4, 1993 Study Session, October 4, 1993 Regular Meeting, November 1, 1993 Regular Meeting, Minutes December 6, 1993 Page 2 October 18, 1993 Forum, November 4, 1993 Special Meeting, and November 8, 1993 Study Session. Motion carried on a roll call vote, five ayes. ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-760 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING NOVEMBER 23, 1993. Motion carried on a roll call vote, five ayes. ITEM 6-C GRANT APPLICATION FOR COOPERATION PLANNING GRANT OFFERED BY STATE OF MINNESOTA. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to approve the GRANT APPLICATION FOR A STATE OF MINNESOTA COOPERATIVE PLANNING GRANT. Motion carried on a roll call vote, five ayes. ITEM 6-D CDBG PROGRAM ALLOCATIONS BY ACTIVITY FOR 1994. MOTION was made by Councilmember Tierney, seconded by Councilmembei Helliwell, to adopt RESOLUTION NO. 93-761 AUTHORIZING SUBMISSION OF A CITY OF PLYMOUTH FINAL STATEMENT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD) FOR INCLUSION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FOR FISCAL YEAR 1994. Motion carried on a roll call vote, five ayes. ITEM 6-E GLENN AND PATRICE OLANDER-OUAMME. PUD PLAN AMENDMENT (93118) (RPUD 80-2). MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-762 APPROVING AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR GLENN AND PATRICE OLANDER- QUAMME FOR PROPERTY LOCATED AT 10750 55TH PLACE NORTH 93118). Motion carried on a roll call vote, five ayes. Minutes December 6, 1993 Page 3 ITEM 6-F APPROVE SETTLEMENT AGREEMENT FOR JORDAN SPECIAL ASSESSMENT APPEAL FOR MED_ INA ROAD IMPROVEMENTS PROJECT NO. 010. Public Works Director Moore stated that in 1992 the City levied assessments for the Medina Road improvements, Project No. 010. He stated there were three appeals to the special assessments for that project, and the City has arrived at a proposed settlement agreement with the Jordans on one of the appeals. Director Moore stated that under the proposed agreement, the Jordans would immediately pay the $16,492.50 assessment which benefits the existing use of their property. The agreement further provides that the additional deferred assessment of 83,525.10 would be deleted at this time, but the City retains the right to consider additional assessments in conjunction with any future development proposals for the property. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-763 APPROVING SETTLEMENT AGREEMENT, SPECIAL ASSESSMENT APPEAL, JOHN B. JORDAN, PIN 18-118-22-43-0001, MEDINA ROAD IMPROVEMENTS, CITY PROJECT NO. 010. Motion carried on a roll call vote, five ayes. ITEM 6-G APPROVE REVISION TO COLLECTION DAYS FOR CURBSIDE RECYCLING PROGRAM MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-764 APPROVING ADDITIONAL CURBSIDE RECYCLING COLLECTION DAY. Motion carried on a roll call vote, five ayes. ITEM 6-H DEVELOPMENT CONTRACT BOND REDUCTIONS MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-765 REDUCING DEVELOPMENT BOND, KIMBERLY WOODS ADDITION (93018). Motion carried on a roll call vote, five ayes. Minutes December 6, 1993 Page 4 MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-766 REDUCING DEVELOPMENT BOND, CHURCHILL FARMS ADDITION (90009). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-767 REDUCING DEVELOPMENT BOND, CHURCHILL FARMS 2ND ADDITION (91079). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-768 REDUCING DEVELOPMENT BOND, BASS CREEK BUSINESS PARK ADDITION 89061). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-769 REDUCING DEVELOPMENT BOND, PARKERS LAKE NORTH 2ND ADDITION 93067), AND SHENANDOAH LANE EXTENSION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-770 REDUCING DEVELOPMENT BOND, HEATHER RUN ADDITION (92035). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-771 REDUCING DEVELOPMENT BOND, AUTUMN HILLS ADDITION (92060). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-772 REDUCING DEVELOPMENT BOND, PLYMOUTH OAKS ADDITION (93078). Motion carried on a roll call vote, five ayes Minutes December 6, 1993 Page 5 ITEM 6-I AWARD CONTRACTS MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-773 AWARDING BID FOR FERNBROOK LANE, PROJECT NO. 311; WELL NO. 11, PROJECT NO. 909; AND MAPLE GROVE CONNECTION, PROJECT NO. 110. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-774 AWARDING BID, SCHMIDT LAKE ROAD UTILITY AND STREET IMPROVEMENTS, CITY PROJECT NO. 213. Motion carried on a roll call vote, four ayes, Helliwell nay. ITEM 64 AWARD BID FOR GARBAGE TRUCK In response to questions from Councilmember Helliwell, Park Superintendent Peterson stated that the 1993 budget provides $45,000 for the purpose of a garbage truck for use by Park Maintenance. He stated that two bids were received: MacQueen Equipment Company - $39,193; and K.E.I. Equipment Company - $39,550. He described the piece of equipment, and stated its purchase was included in the 1993 budget. MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman, to adopt RESOLUTION NO. 93-775 AWARDING BID OF GARBAGE TRUCK. Motion carried on a roll call vote, five ayes. ITEM 6-K ORDINANCE AMENDING LICENSE AND PERMIT FEES MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt ORDINANCE 93-19 AN ORDINANCE RELATING TO LICENSE FEES, PERMIT FEES AND OTHER FEES AND CHARGES; AMENDING PLYMOUTH CITY CODE, SUBSECTIONS 1010.01, 1015.13, 1015.17, 1015.19, 1015.21, 1015.23, 1015.25, AND 1015.27. Motion carried on a roll call vote, five ayes. Minutes December 6, 1993 Page 6 ITEM 7-A PUBLIC EVIPROVEMENT HEARING FOR 1994 STREET RECONSTRUCTION. PROJECT NO. 401 Public Works Director Moore stated this is the sixth year of the Pavement Management Program which was started in 1987 to protect the investment in the street infrastructure. He stated that each year priorities are established for street reconstruction. City Engineering Faulkner stated that the proposed 1994 project involves the reconstruction of the streets in three areas: 1) all streets between 25th Avenue, 30th Avenue, west of Dunkirk Lane, and generally east of Merrimac Lane; and also, 25th Avenue between Dunkirk Lane and County Road 101; 2) 27th Avenue and 28th Avenue between Niagara Lane and Fernbrook Lane; and 3) Vicksburg Lane from Schmidt Lake Road to County Road 47. He stated that two public informational meetings were held on the proposed project with 14 people in attendance. Engineer Faulkner stated that in response to concerns of residents along 25th Avenue, the City had Strgar-Roscoe-Fausch evaluate the amount, speed, and destination of existing traffic on 25th Avenue. The Council was provided with a copy of their report. They have determined that there is a speeding problem on 25th Avenue similar to other areas in Plymouth. The amount of traffic on 25th Avenue is actually less than what might be expected from the adjacent neighborhoods and therefore, through traffic is not a problem. He recommended that the City Council order the improvements and preparation of plans and specifications for the 1994 Street Reconstruction Program. He stated that the results of the 25th Avenue traffic study will be shared with the Public Safety Department in order to develop an information/education/enforcement program for this area. Engineer Faulkner stated the cost of the 1994 improvements is estimated at $2.04 million for the three areas. He stated that staff recommends taking bids in early 1994 so that the projects can be substantially completed before school opens in the fall of 1994. Sue Mason, Short -Elliott -Hendrickson, stated she was available to answer questions. Public Works Director Moore further described the traffic study conducted on 25th Avenue. He stated that the amount of traffic was somewhat lower than expected, and there was only about 10% through traffic. He stated this was determined by conducting license plate checks. He stated there is speeding on this street, with the average speed of 37 mph and a posted speed of 30 mph. He stated Minutes December 6, 1993 Page 7 that one option for the Council to consider is the installation of speed humps which are designed to discourage speeding. He suggested that the Council authorize staff to try speed humps on this street. Mayor Bergman opened the public improvement hearing on the 1994 Street Reconstruction Program at 7:21 p.m. Bob Svacina, 17405 25th Avenue North, stated he understands the need to upgrade the streets in the City. He is mostly concerned about speeding on 25th Avenue between Dunkirk Lane and Highway 101. He stated there is only one four-way stop on this stretch of roadway, and there are seven intersecting streets. He would support speed humps, but would also like the Council to consider installation of stop signs. He stated that if the stop signs don't work to reduce speed, they could be removed. Andrea Stevens, 17640 25th Avenue North, asked how the City established the proposed assessments for the project. She stated there are very few homes to be assessed and a large volume of traffic on 25th Avenue. Perhaps additional properties should be assessed for the improvement. Eydie Kargas, 17615 25th Avenue North, stated she has lived on 25th Avenue for 19 years. She stated construction work is needed. She stated the City has been providing good maintenance to the roadway, but the surface keeps crumbling. She favors the installation of concrete curb and gutter to solve the existing drainage problem. She agreed that traffic is fast, particularly between the hours of 4 and 6 p.m. She supported the installation of speed humps with stop sign installation as a second choice. She stated that radar enforcement is needed on a regular basis. Brian Stevens, 17640 25th Avenue North, stated he was speaking on behalf of the property owners along 25th Avenue North. He stated that out of 46 homes, 39 owners are represented in a petition that expresses concerns on the project cost and safety issues. He stated particular concern that the average person driving on 25th Avenue is exceeding the speed limit by over 20%. He stated that the traffic study that was conducted was not done at a good time. It was conducted during the week of Thanksgiving when school was out and a lot of people were not driving during rush hour. He stated that people using 25th Avenue, not only those abutting 25th Avenue, should pay for the improvements. Mr. Stevens stated the residents are completely opposed to the project, but if it is done, they would first like a comprehensive safety program instituted. He stated that no one who signed the petition wants curb and gutter, and he questioned how the assessment formula was derived. He expressed concerns that if the improvements are done, speeding on 25th Avenue will increase and could negatively impact property values. Minutes December 6, 1993 Page 8 Jim Pohtilla, 17715 25th Avenue North, stated he is a 25 year resident of the neighborhood. During that time the street has changed from a dead-end residential street to a minor collector, and the result has been increased traffic flow and speeding. He stated residents are in favor of anything to slow the traffic and, if possible, to reduce the amount of traffic on the street. Cathy Koyonen, 17505 25th Avenue North, stated she does not allow her young children to play in her front yard because it is unsafe due to the amount and speed of traffic on the street. She supported the installation of speed humps, and questioned whether stop signs would help the speeding situation because people don't stop at the existing four-way stop sign. John Sebold, 17500 25th Avenue North, stated that the traffic study conducted during a holiday week is not representative of the traffic speed or volume on 25th Avenue. He felt the study should be conducted in the summer. He stated that safety is of significant concern to area residents, and they are concerned that improvement of the street will adversely affect traffic. Bob Ulwelling, 17620 25th Avenue North, stated he is a three year resident of the neighborhood. He stated that children cannot walk throughout the neighborhood because the traffic situation is dangerous and there is no sidewalk or lighting. There is no need to repave the street or install curb and gutter. He stated repaving may be needed in three to five years, but the street was recently repaved following a watermain break. Roger Kieley, 16920 25th Avenue North, stated the residents are not opposed to the repaving or the assessments - speeding is the issue. He stated the 1,900 per day vehicle count is not reflective of neighborhood traffic. Hal Tearse, 16905 25th Avenue North, stated he is an 18 month resident of the neighborhood but is already considering moving because of the traffic. He stated residents are concerned about speeding of school buses and city vehicles. He stated that public safety has twice indicated they would run radar on the street, but they have not. He supported the installation of more stop signs. Councilmember Edson asked staff about the proposed time table for this project. Public Works Director Moore responded that the next step, if the Council decides to proceed with the project, is to order plans and specifications. The project contract could then be awarded in March or April. Councihnember Edson noted that the Council has two more decision points (i.e. approving plans and specifications, and ordering the project) before it would Minutes December 6, 1993 Page 9 construction could begin. He supported trying the installation of speed humps and then stop signs, if necessary. Councilmember Helliwell asked if the City has considered using a large sign that indicates the speed of a driver as they pass. She also asked if public safety is monitoring this area. Public Works Director Moore stated the City has considered use of the signs, but it is questionable whether the signs are effective in reducing speed. In some situations the signs could have an opposite effect. Public Safety Director Gerdes stated that police officers have run radar in the area; however after the police leave, the speeding eventually increases. He stated they are doing random speed checks on 25th Avenue, but it is largely an education issue with people in the area. In response to a question by Mayor Bergman, he stated that photo radar is available, but could pose legal issues. Councilmember Vasiliou stated that the City of Minnetonka has installed bituminous curb on Minnetonka Blvd. from I-494 to Highway 101. She suggested that Plymouth could consider bituminous curb rather than concrete curb on this project. She supported initiating a safety program for 25th Avenue concurrent with the construction of the project. Councilmember Tierney supported the installation of speed humps, and questioned if they can be easily removed if they are not effective. Director Moore stated they could be installed and removed at a minimal cost. He stated that the design of slight curves in the roadway could also be considered during the design phase. Vern C. Dotseth, Jr., 5460 Vicksburg Lane, stated that at the time Vicksburg Lane was improved, the abutting residents were informed that previous assessment would be a one-time charge, and there would be no further assessments. He stated that any additional improvements now or in the future should not be assessed to the abutting property owners. Jim Pohtilla stated that a different access to the neighborhood could be considered, and a barricade installed on 25th Avenue to stop through traffic. Councilmember Edson stated concerns with eliminating the through street for reasons of public safety vehicle access. He stated that additional stop signs may dissuade people using 25th Avenue as a through street. Minutes December 6, 1993 Page 10 Councilmember Helliwell stated she believes intermittent radar patrol will help. She asked when Vicksburg Lane was previously improved and assessed. Director Moore stated it was improved from gravel to bituminous in 1979-80. Vern Dotseth stated he was assessed over $7,000 for the previous Vicksburg Lane improvements and was told there would be no further assessments. He asked if they would be assessed again if Vicksburg Lane were improved to a four -lane roadway in the future. He also asked if the Vicksburg Lane improvement is 100 percent state aid funded. Director Moore stated the project could be eligible for state funding. He stated the proposed assessments for this project are no different than other single family lots under the street reconstruction program. He stated the City's current policy provides that if a roadway is widened, there is no assessment to the abutting property owners; however, there could be an assessment for concrete curb and gutter. Mayor Bergman stated the timing of Vicksburg Lane being expanded to a four - lane roadway is related to the timing of development of northwest Plymouth. Councilmember Helliwell stated that she believes if the MUSA is expanded, expansion of Vicksburg Lane to a four -lane will have to be considered sooner than 2010. Director Moore stated that the projected traffic volumes through the year 2010 do not warrant a four -lane roadway. Roads are constructed for a 20 -year life. Thomas Swigford, 2855 Vicksburg Lane, stated the work done 14 years ago on Vicksburg Lane was not well constructed or properly inspected. He objected to being assessed for this project. He stated that a lot of construction vehicles will be using Vicksburg Lane. Councilmember Vasiliou stated the construction work previously done on Vicksburg Lane was much better north of Highway 55 than south of Highway 55. She stated that the reason given was that the soils are different. She stated that if soils north of Highway 55 are a problem, a complete correction should be done; just an overlay may not be adequate. Director Moore stated that soil borings would be done as part of the project. He stated that Vicksburg Lane south of Highway 55 was previously improved from an existing bituminous roadway; whereas, the portion north of Highway 55 was improved from gravel to bituminous. Minutes December 6, 1993 Page 11 Brady O'Brien, 5335 Vicksburg Lane, expressed concerns about the traffic levels on Vicksburg Lane. He stated there is heavy traffic, including large construction equipment. He believes the speed limit is too high and it varies from 35 to 50 mph throughout the length of Vicksburg Lane. Mr. O'Brien stated abutting residents should not be assessed for the improvements. Mayor Bergman noted that in response to a request by the City, the Minnesota Department of Transportation recently verified the speed limit on Vicksburg Lane. Mayor Bergman closed the project hearing at 8:42 p.m. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to adopt RESOLUTION 93-776 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS, 1994 STREET RECONSTRUCTION PROGRAM, CITY PROJECT NO. 401, with an alternate for speed humps on 25th Avenue and with the condition that public safety radar enforcement will be immediately implemented on 25th Avenue. Public Safety and engineering personnel are to discuss the possibility of stop sign installation and make a recommendation to the City Council. All residents on 25th Avenue are to be notified of the date when the plans and specifications will be considered by the City Council. Motion carried on a roll call vote, five ayes. Mayor Bergman called a five minute recess at 8:48 p.m. ITEM 8-A LUNDGREN BROS. CONSTRUCTION. PRELIMINARY PLAT AT THE SOUTHEAST CORNER OF THE EXTENSION OF SCHMIDT LAKE ROAD AND FUTURE EXTENSION OF FERNBROOK LANE (93112) Associate Planner Keho presented the staff report on the preliminary plat application of Lundgren Bros. Construction for 46 single family lots and 5 outlots; and rezoning from FRD to R-113 for property located at the southeast corner of the extension of Schmidt Lake Road and future extension of Fernbrook Lane 93112). He stated the Planning Commission had a lengthy discussion on the potential development of the Ess property located to the east of this site. The Commission recommended against the staff proposal for an outlot for future street access. This was based on the finding that the Ess property is currently guided Industrial, and that mixing Industrial and Residential traffic is not desirable. In addition, if the property was developed residential, the 48th Avenue North cul-de- sac would be extremely long. The proposed cul-de-sac is 800 feet long and any extension into the Ess property would be even longer. The Planning Commission recommended approval of the street layout as proposed by the developer. Minutes December 6, 1993 Page 12 Councilmember Tierney asked about access through the abutting Fluidyne property. Planner Keho stated that perhaps the Fluidyne property and the Ess property could be redeveloped in the future with possible access from Schmidt Lake Road. Councilmember Vasiliou noted that the next agenda item is consideration of whether to authorize staff to get an appraisal of the Ess property for possible purchase for parkland expansion and the I-494/Schmidt Lake Road future interchange ramp. Mayor Bergman stated the Ess property abuts an existing nature preserve. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 93-777 APPROVING PRELIMINARY PLAT FOR LUNDGREN BROS. CONSTRUCTION, INC., FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE EXTENSION OF SCHMIDT LAKE ROAD AND FUTURE EXTENSION OF FERNBROOK LANE (93112), as recommended by the Planning Commission, and amending Condition 16 to indicate that private drive access would be permitted on the site. Larry Liles, 4401 Robin Avenue North, Robbinsdale, represented Bud and Marian Ess. He stated their concern is access to their property. They are concerned that if the appraisal is done after the Lundgren development is approved without a provision for an access to the Ess property, the appraisal may be less due to lack of an access. He stated that if the City and the Ess' cannot negotiate a purchase of the property, the Ess property could be landlocked and the only possible access would be through the Fluidyne property. Mr. Liles stated the Ess' are requesting that access be provided through to their property from the Lundgren development. If the property develops as industrial, the access would not be needed. Councilmember Vasiliou stated that perhaps these issues could be addressed during discussion of the appraisal. Councilmember Edson asked if access could be provided to the Ess property off of the future I-494 exit ramp. Director Moore stated this would not be permitted as interstates must have a controlled access. Motion carried on a roll call vote, five ayes. Minutes December 6, 1993 Page 13 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt ORDINANCE 93-20 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED AT THE SOUTHEAST CORNER OF SCHMIDT LAKE ROAD AND FERNBROOK LANE (93112). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 93-778 SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SCHM1DT LAKE ROAD AND FERNBROOK LANE (93112). Motion carried on a roll call vote, five ayes. ITEM 8-11 AUTHORIZE APPRAISAL AND NEGOTIATE PURCHASE OF ESS PROPERTY MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to authorize the City staff to obtain an appraisal and negotiate for the purchase of the Ess property at the southwest corner of I-494 and Schmidt Lake Road. Motion carried on a roll call vote, five ayes. ITEM 8-C WETLAND MITIGATION PLAN FOR LUNDGREN BROS. CONST. 93112 Public Works Director Moore presented the staff report on the proposed filling of wetlands and Wetland Mitigation Plan for the Fluidyne property at the southeast corner of Schmidt Lake Road and Fernbrook Lane (93112). MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 93-779 APPROVING FILLING WETLANDS AND THE WETLAND MITIGATION PLAN FOR THE FLUIDYNE PROPERTY. Motion carried on a roll call vote, five ayes. Minutes December 6, 1993 Page 14 ITEM 8-D CARLSON REAL ESTATE COMPANY. LANE USE GUIDE PLAN AMENDMENT, REZONING, AND GENERAL DEVELOPMENT PLAN AMENDMENT FOR A SAM'S CLUB AT CARLSON PARKWAY AND 1-494 93117 Associate Planner Keho presented the staff report on the application of Carlson Real Estate Company, Inc., for Land Use Guide Plan Amendment from I -P Planned Industrial) to CR -2 (Retail Shopping); Rezoning from 1-1 (Planned Industrial District) to B-2 (Shopping Center Business); and a General Development Plan Amendment located at the southeast corner of Carlson Parkway and I-494. On November 10, 1993, the Planning Commission recommended denial of the requests on a 5-0 vote. At the hearing, several residents voiced opposition to the proposed change in the Guide Plan. The discussion included the fact that many of the homeowners had purchased homes in the neighborhood with the understanding that the area would be developed with industrial uses, and that was acceptable to them. Other comments concerned the increase in traffic levels and potential noise levels that they believed would result from a change from industrial to retail use. The Planning Commission's discussion of the requests included whether this use is appropriate in this location, and the fact that it would generate high traffic levels at times of the day that would not be anticipated with industrial development. He provided the Council with a copy of an updated traffic study prepared by the City's traffic consultant. The study found that the proposed land use plan would generate nearly the same number of trips as the existing plan, but the distribution of traffic would change with weekend daily trips being about three times higher than under the approved master plan. He also presented a letter from the Minnesota Department of Transportation which clarifies their earlier letter to the City commenting on traffic anticipated to be generated by the proposed development. The letter indicates that "provided that the effects of traffic are considered and any necessary improvements made, Mn/DOT has no further concern with the proposed development." Planner Keho stated the City Attorney has also provided the City Council with a memo regarding the possibility of using a deed restriction covenant in order to limit the retail use on the property to a Sam's Club. City Attorney Meller stated he is recommending against restricting the use on the property through a covenant. He believes the Council should address the issue of the appropriate use for the property. Dean Riesen Carlson Real Estate Company, stated that 438 of Carlson's 2,000 employees in Plymouth are residents of the City. He stated Carlson Real Estate Minutes December 6, 1993 Page 15 pays $2,000,000 in real estate taxes on properties in Plymouth, and the company recently moved 500 employees to Plymouth. He expects over a $6,000,000 deficit in the tax increment financing district due to the fact that the area did not build out as they had predicted by 1992. He stated their goal is to develop or sell this property. Mr. Riesen stated Carlson Real Estate believes the proposed retail use is the highest and best use for this site, compared to the options of factory, office, or office technology uses. He believes it would be at least five years before it would be feasible to construct office space on the site, due to the overbuilding of office space. He stated that the proposed Sam's Club is better than a WalMart for this site, and many people believe a Sam's is similar to an industrial site because it is related to distribution. Mr. Riesen stated the traffic and noise would pose no negative impacts in the area, and the visual impacts would be eliminated by the proposed landscaping. He stated a Sam's would be 46 percent less building mass on the site than a WalMart, and the result would be larger setbacks from the residential neighborhoods. The building would be over 600 feet from the nearest home. This development would create 150 jobs in Plymouth. Mr. Riesen stated the project would be brick rather than block construction, and Sam's would offer a new consumer option in Plymouth. Mr. Riesen stated Carlson has agreed to a deed restriction whereby the zoning would revert to I-1 if Sam's Club left the site. He introduced Ron Krank and Dick Wolsfeld who were available to answer questions. In response to questions by Councilmember Vasiliou, Mr. Riesen stated no representative of Sam's is present. He stated that Sam's is going to purchase the site and the building. He explained that they had previously proposed a project whereby Sam's would be constructed on the Minnetonka portion of the site, and a WalMart in Plymouth. This was not approved by the Minnetonka Council. He stated that after reevaluating the proposal, Carlson decided that Sam's would have substantially less impacts on the abutting neighborhood and on the intersection than a WalMart. A distribution center is now proposed in Minnetonka. Councilmember Vasiliou asked if other Sam's Clubs in the metro area are the same size as this proposal. Greg Frank, McCombs -Frank -Roos, stated the Sam's Club located on Louisiana is smaller than this proposal. Councilmember Vasiliou stated the parking is inadequate at the Louisiana location. Mr. Riesen stated the parking and traffic circulation was designed at this proposed site for use as a Sam's. Minutes December 6, 1993 Page 16 Dick Wolsfeld, BRW, reviewed the traffic study conducted for the site. He stated their firm has conducted over 200 traffic studies and this was the most comprehensive after the study conducted for the Mall of America. He described the standards under which the traffic studies were conducted, including using the number of vehicles from operating Sam's Clubs in other locations. He stated the study concluded that retail development would generate less traffic in the p.m. peak hour than office or bulk distribution uses. The weekday daily and weekend daily trip generation estimates from this use are higher. Mr. Wolsfeld stated the questions to consider about the traffic from the proposed development are effects on congestion, perceptible change in traffic noise, and truck traffic. He concluded that none of the intersections during off-peak hours would have levels of service worse than during the p.m. peak hour, and the roadway system could handle the traffic during the peak p.m. hour. He stated a two decibel increase in noise is anticipated, but this is not perceptible. He compared this proposal to the previous proposal of a WalMart and Sam's. He concluded there would be 35 percent less weekday trips under the current proposal, 50 percent less weekend trips, no emissions problems, and significantly less trucks. Councilmember Vasiliou asked if traffic signals will be needed at Carlson Parkway and Gleason Lake Road. Public Works Director Moore stated that based on the existing land use, traffic projections warrant signals at that intersection. He stated signals will be needed at full development of the area. Councilmember Edson stated the previous proposal for a WalMart and a Sam's had a substantial area for restaurants. That has been eliminated under this proposal. Mr. Wolsfeld stated the outlots have been removed under this proposal. The north end of the site is currently zoned for retail use, and the potential traffic from that area is included in the traffic study. Ron Krank, project architect, stated many meetings have been held with City staff, area residents, and Carlson representatives. During the meetings it was evident that everyone wants to see a high quality development with customized design. Creative detail is important, as well as attention to building scale and proportion. He showed a plan of which the site could look like with a bulk distribution center compared to the current retail proposal. He stated a distribution center could be a 30 foot high, concrete block structure. The retail proposal would provide a distance of 680 feet from Sam's Club to the nearest residence. He stated a large Minutes December 6, 1993 Page 17 green area is proposed as a buffer, and the majority of trees on the site would be retained. Mr. Krank stated that parking at a 6 cars per 1,000 square foot building ratio is proposed which is greater than would normally be proposed. He showed samples of the material proposed for the Sam's Club building. He stated that Sam's has 3,500 various items they sell, compared to about 75,000 items for a Wa1Mart. Proposed landscape plans were shown, including berming and plantings. He stated a lot of effort was put into the building design. Jerry Leininger, 13624 5th Avenue North, stated the plans shown by the architect look beautiful, but only rough sketches were shown at the neighborhood meetings and Planning Commission meeting. He stated the area homeowners are not opposed to the existing industrial land use, or to have a warehouse, distribution, or office use on the site. They are opposed to a high density retail use, and don't believe the traffic study results are accurate. He stated very high density retail use could result with the possibility of a gas station and two restaurants. Mr. Leininger stated that when the Sam's Club was proposed in Minnetonka, the projected trip generations was 16,000. Now, under the proposal in Plymouth, 16,000 trips are projected. He stated that Carlson Real Estate Company is the only entity that will benefit from a change in land use. Area homeowners have purchased their homes based on the existing land use. He stated the traffic from an office or bulk distribution facility would be preferable to traffic from a retail use. Mark Rooney, 17915 Queensland Court, stated he does not live in the area but is concerned about the tax base of the City. He stated residents will directly benefit from increased taxes generated from the parcel when developed. He stated the City's Guide Plan is not unchangeable, and the Council should approve the Carlson requests in order to benefit many residents and do their best to lessen the impact on the few abutting properties. Richard Stewart, 13910 Knollway Drive South, Minnetonka, stated the water drainage from the Sam's Club site will flow into his residential area, late night deliveries to the site may be a problem, and there will be increased traffic flowing from Ridgedale Shopping Center to the Carlson site. He expressed concerns about the need for a future road expansion, and the amount of traffic during peak hours. Mike Monson, 305 Harbor Lane, spoke in favor of the proposed project. He stated a lot has changed in this area over the past 15 years, and reality is that something is going to be developed on the site. He would prefer this retail use over a bulk distribution center. Doug Webber, 13627 5th Avenue North, spoke against the proposed project due to the projected traffic impacts. He suggested that this use be moved to the west Minutes December 6, 1993 Page 18 side of I-494. He stated the parking lot would be lighted 24 hours per day, and this will be a nuisance to the abutting residential area even if it is two blocks away. Sharon Carrington, 415 Berkshire Lane, opposed the development proposal. She stated the jobs that would be added in Plymouth from the proposed development would be minimum wage jobs, but most of these employees would not live in Plymouth. She stated that increased taxes will be realized by the City under any development proposal on the site. LaVerne Howe, 215 Zinnia Lane North, stated many homes in the area have been built within the last two years and the owners had the understanding that this site would have an industrial use. She stated it is important that the residences have quiet on the weekends, which could be achieved under the industrial zoning. She believes the proposed retail use is much too close to a new residential neighborhood. Councilmember Vasiliou asked why Carlson Real Estate had earlier argued that a Sam's Club would be allowed under industrial zoning. She also asked if a Sam's Club would be considered a destination trip when considering the traffic impacts. Mr. Riesen stated that Sam's is a highbred use, with drastically fewer items than a retail use such as WalMart. He stated that 75 percent of the items at Sam's are sold to businesses, and Sam's Club would be considered a destination trip. Consumers have to buy items in large quantities and there is no comparable warehouse club in this area. Mr. Stewart described problems neighborhood residents in Minnetonka have experienced from other retail uses due to truck traffic and late night deliveries. He stated that Sam's Clubs advertise items that are retail, not wholesale, in nature. Councilmember Helliwell agreed that Sam's Club would be a retail use. She stated that the building design looks great, and she believes Sam's Club would be an asset to the community if it were properly zoned. She expressed concerns about a 24 hour lighted parking lot abutting a residential area, and stated that slamming car doors would also be a nuisance. She stated an industrial use would be a Monday to Friday operation; whereas, Sam's Club would be seven days a week. This would pose a greater nuisance on the abutting residential neighborhood. She does not support the change in zoning for the site, and does not believe the difference in property taxes generated from the site depending on the type of development that occurs will be significant in the long-term. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to deny the Carlson Real Estate Company request for Land Use Guide Plan Amendment from IP to CR -2, Rezoning from I-1 to B-2, and a General Minutes December 6, 1993 Page 19 Development Plan Amendment located at the southeast corner of Carlson Parkway and I-494 (93117). Councilmember Tierney stated her primary concern relates to the requested change in the Land Use Guide Plan. She also expressed concerns about the City Attorney's opinion that the City could run into legal difficulties in future years if deed restrictions were used to make the Sam's Club site specific. Motion to deny failed: Helliwell and Tierney ayes; Edson, Vasiliou, and Bergman nays. Mayor Bergman announced that the motion failed. Richard Stewart asked if the Council should present the motion and vote on it as an approval, rather than a denial. Mayor Bergman stated that a 4/5 vote is required to approve the land use guide plan change, and since a 4/5 vote does not appear to be achievable, the item did not pass. ITEM 8-E PLYMOUTH FIREFIGHTER RELIEF BENEFITS Plymouth Firefighter Rick Luth, 6208 Yucca Lane North, requested that the City Council approve an increase in the Plymouth Firefighters Relief Association lump sum benefit to $3,500 per year of service effective January 1, 1994; $3,750 effective January 1, 1995; and $4,000 effective January 1, 1996. He stated the September 15, 1993, Actuarial Report shows that the Relief Association is currently 110.8 percent funded. The Association is actuarial sound for the $4,000 per year of service benefit level, including the addition of six firefighters in 1994 and the possibility of additional members in the future. In response to a question by Councilmember Edson, Mr. Luth stated the City has been comparable with other communities at the $3,000 level. However, a state law change in 1993 now allows an increase in that level. Many communities are waiting to proceed with increases as well. MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION 93-780 APPROVING INCREASES IN LUMP SUM PENSION BENEFIT FOR PLYMOUTH FIREFIGHTERS' RELIEF ASSOCIATION, as requested by the firefighters. Motion carried on a roll call vote, five ayes. Minutes December 6, 1993 Page 20 ITEM 9-A APPOINT BOARD MEMBERS TO PLYMOUTH HOUSING ALLIANCE MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to adopt RESOLUTION 93-781 APPROVING THE FORMATION OF AN INITIAL BOARD OF DIRECTORS FOR THE PLYMOUTH HOUSING ALLIANCE. Motion carried on a roll call vote, five ayes. Councilmember Helliwell asked if the City would be reimbursed for legal expenses and staff time in preparing bylaws for this organization. She also asked if the public can attend meetings of the Plymouth Housing Alliance. Councilmember Edson stated the City costs would not be reimbursed. The Housing and Redevelopment Authority is working with the Plymouth Housing Alliance on an initial project and hopes to continue into the future. The public is welcome to attend meetings of the Plymouth Housing Alliance. ITEM 9-B STUDY SESSION SCHEDULE AND TOPICS MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to establish a new Council orientation session for December 11, beginning at 9:00 a.m. Motion carried, five ayes. The meeting was adjourned at 11:10 p.m. City Clerk