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HomeMy WebLinkAboutCity Council Minutes 06-12-2000Adopted Minutes Regular Council Meeting June 12, 2000 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 Boulevard, on June 12, 2000. COUNCIL PRESENT: Mayor Tierney, Councilmembers Black, Brown, Bildsoe, Slavik, Johnson, and Harstad. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Public Safety Director Gerdes, Community Development Director Hurlburt, Public Works Director Moore, Parks Superintendent Peterson, Attorney Poehler, and City Clerk Paulson. Plymouth Forum No one was present to address the Council. Presentations and Public Information Announcements 4.1) Oath of Office to Firefighter Dave Hoadley City Clerk Paulson administered the oath of office to Firefighter Hoadley. 4.2) Update on "Music in Plymouth" on July 6 Barbara Willis, President of the Plymouth Civic League, reported on the annual "Music in Plymouth" to be held on July 6. She stated the Minnesota Orchestra is the featured group. In addition to the Minnesota Orchestra, Kids Song, the White Sidewalls, and the community band will be performing. The theme for this year's event is "Honor the Past, Imagine the Future." Kris St. Martin, member of the Plymouth Civic League, stated WCCO would be broadcasting live from the event. The event begins at 5:15 p.m. and concludes with the fireworks at 10:05 p.m. He highlighted all the various events that would be occurring for this family event. He explained the event is largely funded by approximately 125 Plymouth businesses and the City. He thanked staff, the Council, and the many volunteers for their support. Mele Willis, member of the Plymouth Civic League, reported on the 4t' Annual Music in Plymouth 5K Fun Run/Walk to be held on June 24. The revenue from this event is allocated to the Music in Plymouth event on July 6. Adopted City Council Minutes Regular Meeting of June 12, 2000 Page 2 of 15 4.3) Accept $2,500 Donation to Millennium Garden from Associated Bank Park and Recreation Director Blank provided a brief update on the Millennium Garden project. Bruce Nystrom, President of Associated Bank, presented to the Council a contribution in the amount of $2,500 for the Millennium Garden. Park and Recreation Director Blank informed the Council that the architect is very close in completing the design. The citizen task force and the Park and Recreation Advisory Commission would be reviewing the final design within the next month. He stated to date, over 200 bricks and four benches have been sold for the project, and there is approximately $36,000 in pledges. Approval of Agenda Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to approve the agenda. With all members voting in favor, the motion carried. Consent Agenda Mayor Tierney asked if there were any additions, corrections, or deletions to be made to the Consent Agenda. Councilmember Brown requested to remove item No. 6.03, and place it under General Business as item No. 8.3. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Brown, to approve the amended Consent Agenda which included the following items: 6.01) Approve proposed City Council Minutes of May 23, 2000. 6.02) Resolution Approving Disbursements for the Period ending June 2, 2000 (Res2000-274) 6.03) (This item was moved to General Business as item No. 8.3). 6.04) Resolution Approving Conditional Use Permit for Robert Erickson to relocate a Garage onto Property located at 15140 9t' Avenue north (20058 — Res2000-275). Adopted City Council Minutes Regular Meeting of June 12, 2000 Page 3 of 15 6.05) Resolution Giving Preliminary Approval to the Issuance of Revenue Bonds pursuant to Minnesota Statutes, Sections 469.152-469.165, on behalf of Daily Printing, Inc. (Res2000-276). 6.06) Approval of an agreement to raze a hazardous building located at 2344 Ives Lane North. 6.07) Approval of an agreement to raze a hazardous building located at 1441 West Medicine Lake Drive. 6.08) Resolution Approving an Institution Community Work Crew Program (Res2000-277). 6.09) Resolution Approving Encroachment Agreement for Deck Construction at 17420 49' Avenue North (Res2000-278). 6.10.1) Resolution Approvin& Purchase Agreement for County Road 101 Improvements, Ken and Ludmilla Phad, 17920-30 Place (9005 — Res2000-279). 6.10.2) Resolution Approving a Purchase Agreement for County Road 101 Improvements, Jeff and Linda Vicary, 3225 County Road 101 (9005 — Res2000-280). 6.11) Resolution Authorizing the Expenditure from Contingency Fund Plymouth Boulevard/Highway 55 Intersection (9915 - Res2000-281). 6.12) Declare intent not to exercise the local levy option for transit. 6.13.1) Resolution Declaring Adequacy of Petition and Ordering Preparation of Report for Street Lighting at Stonehill Apartments (Res2000-283), and a Resolution Receiving Report and Ordering Project Street Lighting at Stonehill Apartments (Res2000-284). 6.13.2) Resolution Declaring Adequacy of Petition and Ordering Preparation of Report for Street Lighting at Hilltop of Plymouth (Res2000-285), and a Resolution Receiving Report and Ordering Project Street Lighting at Hilltop of Plymouth (Res2000-286). 6.14) Resolution Ordering Public Hearing on the Vacation of Perpetual Easement for Street and Utility Purposes at Wayzata School District (Res2000-287), Resolution Ordering Public Hearing on the Vacation of a Perpetual Easement for Street Purposes for Wayzata School District, Document No. 3426092 (Res2000-288), and a Resolution Ordering Public Hearing on the Vacation of a Sanitary Sewer Easement acquired as Parcel 44 in Partial Final Certificate and Order Document No. 3705296 for the Wayzata School District (Res2000-289). Adopted City Council Minutes Regular Meeting of June 12, 2000 Page 4 of 15 6.15) Resolution Declaring Finding of "No Need" for an Environmental Impact Statement EIS) based on the review of the Environmental Assessment Worksheet (EAW) dated April 17, 2000 for the Alignment of Cheshire Lane from Schmidt Lake Road to County Road 47 (9006 — Res2000-290). 6.16) Resolution Awarding Contract for 2000 Street Reconstruction Project (9901— Res2000- 291). 6.17) Resolution Approving Request for Payment No. 2 and Final Parking Lot Reconstruction Project for Fire Station No. 2 (9015 — Res2000-292). 6.18) Resolution Finding No Objection to Lawful Gambling Exemption for Plymouth Civic League (Res2000-293). 6.19) Resolution Adopting the 2000 Work Plan for the Public Safety Advisory Board Res2000-294). 6.20) Resolution Approving Municipal Waste Abatement Incentive Fund Agreement (Res2000- 295 & Res2000-282). 6.21) Resolution Ordering Public Hearing on the Vacation of Part of Cheshire Lane in Berthiaumes Addition (Res2000-296). 6.22) Resolution Approving Bid for Trail Lighting (Res2000-297). Councilmember Johnson congratulated staff for the waste incentive fund grants and the Public Safety Advisory Board's 2000 work plan. Councilmember Black commented on the environmental assessment worksheet for Cheshire Lane street improvements (item No. 6.15). She thanked staff for reviewing alternatives. However, in reviewing the accumulative impact of the road being constructed, she requested staff to improve that area as well as the environmental impacts for future projects. Councilmember Harstad registered a no vote for item No. 6.08. Motion carried to approve the Consent Agenda. Adopted City Council Minutes Regular Meeting of June 12, 2000 Page 5 of 15 Public Hearings 7.1) Vacation of Road Right -of -Way on Parcel Adjacent to Lot 1, Block 1, Northwest Business Campus Sixth Addition Public Works Director Moore illustrated the proposed vacation and explained the applicant requests to construct a building on the property located north of the road easement. Because of the road easement, required setbacks prevent the applicant from constructing a structure on the location proposed. The area requested to be vacated would not be utilized for roadway purposes; however, drainage and utility easements would be retained over the parcel to cover the existing sanitary sewer. Mayor Tierney opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt a Resolution Authorizing the Vacation of an Easement for Roadway Purposes (Res2000-298). With all members voting in favor, the motion carried. 7.2) Vacation of Street Right -of -Way in Outlot F, Silverthorne 4th Addition Public Works Director Moore illustrated the proposed vacation and stated the roadway easement was previously vacated. However, it was inadvertently replatted with the 4th Addition within Outlot F. Outlot F would become Lot 1, Block 1 within future Silverthorne 6th Addition. Mayor Tierney opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe, to adopt a Resolution Authorizing the Vacation of a Public Road in Silverthorne 4 Addition (Res2000- 299). With all members voting in favor, the motion carried. 7.3) Vacation of Road Right -of -Way in Section 4, north of County Road 47 Public Works Director Moore stated the applicants have requested the vacation of a township road lying north of County Road 47. He stated this road does not presently exist and to staff's knowledge, has never existed. It was indicated on the road plat prepared by the County in 1941. Adopted City Council Minutes Regular Meeting of June 12, 2000 Page 6 of 15 For this reason, title objections have been raised on the encumbrance of this property with a non- existing road. It is unlikely that a road would be constructed on this alignment, and any necessary future right-of-way would be dedicated with a future plat. Mayor Tierney opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik, to adopt a Resolution Authorizing the Vacation of Township Road in Section 4 (Res2000-300). With all members voting in favor, the motion carried. 7.4) Public Assessment Hearing for 11th Avenue Improvements (9911) Public Works Director Moore illustrated the proposed improvement to 11th Avenue from South Shore Drive east to the cul-de-sac. He stated the existing gravel surface would be replaced with concrete curb and gutter, bituminous surface, and a small amount of storm sewer. He stated this project was ordered by the Council. This project was added as a change order to another main construction project in the vicinity of this area. He stated the proposed width of the street would be 28' with curb and gutter and utility work. He stated the assessments were computed using the change order price approved by the Council on May 23. The change order price received for the improvement is $49,529.58. Staff has calculated the current annual maintenance cost for 11th Avenue with a gravel surface at $672 per year and the maintenance cost of 11th Avenue if it were a bituminous street at $92.40 per year or a net savings of $579.60 per year. This savings has been applied to the 20 year life of a bituminous street and deducted from the project costs for the assessments. This would equate to a savings of $11,592 to the City for the estimated life of a bituminous street before it requires construction. The proposed assessments are $6,700 per lot, and the City would be paying slightly over $34,000 for its frontage that is park property. Therefore, staff is recommending the Council adopt the final assessments at 8.5% interest rate over 10 years. He stated if the Council adopts the assessments, the storm sewer work for this project would begin tomorrow, and the total project should be completed in October. Mayor Tierney opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Adopted City Council Minutes Regular Meeting of June 12, 2000 Page 7 of 15 Motion was made by Councilmember Brown, and seconded by Councilmember Harstad, to adopt a Resolution for Hearing on Proposed Assessment on 11 Avenue Street Construction Project (9911 - Res2000-301). With all members voting in favor, the motion carried. General Business 8.1) Rezoning from RSF-2 (Single Family Detached 2) to RSF-4 (Single and Two Family) and a Preliminary Plat for 40 Twinhome Units located south of 34th Avenue and east of Pilgrim Lane (Sunrise Park Development, LLC. — 20022) Community Development Director Hurlburt provided a brief overview of the Sunrise Park Development, LLC as this project had been discussed at the May 23 meeting and postponed to this evening's meeting. She reiterated that the Planning Commission recommended approval of the rezoning and 36 -lot preliminary plat that excluded four lots on Kilmer Lane adjacent to Highway 169. She stated the Council at the May 23 meeting made a motion to approve the Planning Commission's recommendation. The Council then made an amendment to the main motion and voted 5-1 to remove four lots that directly abut the wetland. The amended main motion was not voted upon and still before the Council for consideration. She explained staff recommended that the four lots adjacent to the wetland be included in the plat. She stated there is a manmade ditch that drains the northern basin. Staff recommended to the developer that this be filled. With the filling of this ditch, the northern basis would take on the characteristics of a wetland. She stated since the previous meeting, there has been some discussion whether the developer could pursue an alternative plan. She stated as of this date, the developer has not provided any formal changes or amendments to the City. If the developer wishes to present an alternative plan, he needs to withdraw this plan and resubmit a revised plan. She stated there is a deadline of July 11 for Council action on this development; otherwise, the project would automatically be approved as presented. Councilmember Harstad questioned the minimum floor elevations. Community Development Director Hurlburt explained this item is a common addition to a plat. The purpose of the minimum floor elevations is so that the grade of the homes have a high enough elevation for drainage. Public Works Director Moore added based on the submitted plat, the City's requirement is that the floor be two feet higher than the projected minimum 100 -year high water elevation. Community Development Director Hurlburt stated these elevations are verified when the building permits are submitted. Adopted City Council Minutes Regular Meeting of June 12, 2000 Page 8 of 15 Councilmember Slavik questioned if this application would have been submitted after adoption of the Comprehensive Plan, would there have been additional constraints. Community Development Director Hurlburt stated only in the calculation of the density requirements. She stated the City's draft Comprehensive Plan provides density of 2-3 units per acre but excludes the wetlands from those calculations. Councilmember Johnson asked how large the northern basin is. Community Development Director Hurlburt stated about three to four acres, which is approximately half of the wetland on the site. Councilmember Brown asked what type of Council action would be in order at this point. Community Development Director Hurlburt replied that the City Attorney has suggested that the maker of the motion on the table consider withdrawing that motion. She stated the Council would need to dispose of the current motion before a new motion could be made. Jim Zachman, 8500 Fralo Road, Eden Prairie, stated they met with some of the neighbors and discussed an alternative plan and revisions to this plan. The conclusion was made that the current plan is still the best plan that satisfies the subdivision and Comprehensive Plan requirements with the least impact to the wetland. However, he would like to propose some changes to the plan which includes deleting the four units on Kilmer Lane (a berm would be constructed to tie in with the existing City berm near the wetland), moving a pathway and sidewalk on 31 St Avenue (southwest part of the development), constructing a public sidewalk on the south side of 31St Avenue (they would pay for it, but the maintenance would be an issue), and modifying the Pilgrim Lane and 34th Avenue intersection to move it closer into their development. Councilmember Slavik asked if these proposed changes could be made without referring it back to the Planning Commission. Community Development Director Hurlburt stated if the change would be to only delete the four units, that would be acceptable. However, for the other proposed changes, a revised plan should be presented to staff and the Planning Commission for their reviews to determine what or if any impacts these changes would have to the development. She commented that the suggested sidewalk on 31 St Avenue is not part of the City's sidewalk and trail plan. Councilmember Johnson cautioned the Council that although the developer has conducted some meetings with the neighbors, not all of the neighbors support the current plat or the recommended changes to the plat. Councilmember Brown asked if the suggested sidewalk on 31 St Avenue were constructed by the developer, who would be responsible for the maintenance. Community Development Director Adopted City Council Minutes Regular Meeting of June 12, 2000 Page 9 of 15 Hurlburt replied since the sidewalk wouldn't be defined as part of the City's sidewalk and trail system, the property owners would be responsible for the maintenance. Councilmember Harstad asked Mr. Zachman if they would still pursue the development if it contained 32 units rather than the 40 that was originally proposed. Mr. Zachman replied no. Councilmember Johnson stated the sidewalk would be outside of this development. However, she appreciates the developer working with the neighborhood. She is concerned that the developer is recommending alternatives to the plan this evening. She stressed that if revisions are being made to the plat, it must be reviewed through the planning process. Councilmember Black asked what Council action would be necessary in order to include the proposed sidewalk on 31St Avenue as part of the City's sidewalk and trail plan. Community Development Director Hurlburt replied a public hearing would need to be conducted. Community Development Director Hurlburt stressed that Mr. Zachman would need to submit revised plan if there are proposed changes. In addition, the Council does not have the authority to extend the July 11 deadline on their own. Councilmember Johnson asked if the four units were removed on Kilmer Lane, could that land be used for a NURP pond. Community Development Director Hurlburt replied no. It would be very difficult for the water from this development to drain to this area. However, it possibly could be used as wetland mitigation. Before the Council heard public comments, Mayor Tierney reiterated that the current motion on the table is to approve the rezoning for a 32 -unit development. Councilmember Black withdrew her motion. Mayor Tierney stated since Councilmember Black withdrew her motion, the Council would be discussing the original plan. She commented that the changes which the developer has discussed this evening should be deferred to staff. The Council held a considerable amount of discussion on whether the Council would entertain public testimony on the developer's recommended changes to the plat which were just presented this evening. Councilmember Harstad moved to postpone Council action until a revised plan could be prepared. The motion failed for lack of a second. Adopted City Council Minutes Regular Meeting of June 12, 2000 Page 10 of 15 Mr. Zachman stressed that they are only trying to address the neighbors' concerns in order to obtain full support of the Council. Councilmember Black asked how wide 31 St Avenue is. Public Works Director Moore replied it is 32' wide which is a standard residential street. Councilmember Black asked if the width of this street would allow for striping on one side for a trail. Public Works Director Moore stated it is a possibility, but it would probably be too narrow. Jay Duggan, 3220 Pilgrim Lane, stated he has no interest in speaking to Mr. Zachman's suggested changes. He stated the current site plan is difficult even with the proposed changes. He requested the Council reject the rezoning and the preliminary plat as he would prefer that the developer submit a revised site plan. He doesn't think Mr. Zachman is serious about considering the City's concerns. He also questioned the overall drainage of the property. Marsha Dooner, 3345 Pilgrim Lane, stated she resides on the west side of the development, and she is very concerned about traffic. She stated Pilgrim Lane is a thorough fare for Armstrong High School, and she is concerned about the additional 50-60 cars per day. Marilyn Stalheim, 3210 Pilgrim Lane, stated she is an empty nester that could be residing in this type of development. She stated her grandchildren and neighbors are concerned about the additional traffic in this area as well as the wildlife having to relocate. She requested that the Council reject the proposed rezoning and preliminary plat and refer it back to staff. She stressed that she is very concerned that if the Council doesn't take action by July 11 the development is automatically approved. Julie Paidar, 9890 31 st Avenue North, stated she is opposed to the rezoning. They purchased their home because there were single-family homes in the area. They also purchased their home, which is located on a cul-de-sac, for the safety of their children. She stated if this development is approved, there could essentially be clustered twinhomes in her backyard. She explained there are life cycle housing opportunities available not too far from this development in Golden Valley. She stated the wetlands are a transition, and she feels like this is a forced fit development. Lastly, she stated that Mr. Zachman never contacted her on his proposed changes. Kathy Pederson, 9885 31St Avenue North, requested the Council reject the rezoning as she prefers this area remain single-family. They, too, purchased their home because there were single-family homes in the area. She stated there could be a trail and sidewalk right in front of her home if the Council would approve Mr. Zachman's amendments to the plan. She stated this cluster development is not a good fit for this area. She requested the Council refer this back to the planning process. Adopted City Council Minutes Regular Meeting of June 12, 2000 Page 11 of 15 Mark Bonchill, 9905 31St Avenue North, stated he is very confused as he hadn't heard any discussion about a sidewalk on 31St Avenue until this morning. He agreed with Ms. Pederson in that this development is not a good fit for this property. He requested the Council to deny the rezoning and the preliminary plat. Elizabeth Gerich, 3220 Pilgrim Lane, commented about the "cosmetic" changes that the developer discussed this evening, and the fact that these changes wouldn't affect the level of increased traffic. She requested the Council deny the rezoning and the preliminary plat. Mayor Tierney commented that since Pilgrim Lane is a very wide street, perhaps the residents would consider a bike lane to assist in slowing the traffic. Community Development Director Hurlburt reiterated that if the developer wishes to make changes to the plat, the proposed changes should be made in writing and provided to staff for their review. Motion was made by Councilmember Johnson, and seconded by Councilmember Brown, to adopt Alternate C, which is denial of the rezoning and preliminary plat. Councilmember Johnson stated she prefers townhomes to the north of the site with access off 34th Avenue and single-family homes on the southern part of the site. She stressed to the residents that this is buildable property with the right plan. Mr. Zachman stated they have worked on this development for seven months and have submitted many different plans. He stated the current plan has the least amount of impact to the wetland. The site plan that he discussed with the neighbors had only seven units exiting on 31St Avenue with the remaining units exiting on 34th Avenue. He requested the Council table the rezoning so they could present a revised site plan. Community Development Director Hurlburt stated the plan that Mr. Zachman now is proposing is essentially a different plan that needs to be reviewed through the planning process. Councilmember Black asked if the Council were to deny the rezoning, how soon would a revised plan be presented. Community Development Director Hurlburt replied approximately six months. However, the Council could grant permission to make it less than six months. Councilmember Johnson asked if there is buildable land within the wetland basin. Community Development Director Hurlburt stated it is a possibility that this area could be utilized for a water quality retention area. If all the wetland on the site remains wetland once the Adopted City Council Minutes Regular Meeting of June 12, 2000 Page 12 of 15 monitoring is completed, it may only change the number of allowable units to be constructed on the property. Councilmember Johnson stated if a petitioner withdraws their application, there is no six month waiting period. She doesn't believe there is ample time to present a revised plat to the Planning Commission by July 11. Mayor Tierney commented townhomes provide a very nice transition between apartments and single-family housing. Mr. Zachman requested to withdraw all their applications at this time in order that they could present a revised site plan to staff for their review. Since the withdrawal of the applications takes precedence over the main motion, no Council action was necessary. 8.2) Approving Zoning Ordinance Text Amendment, Site Plan, Conditional Use Permit and Variances to construct a 4,060 square foot Gas Convenience Store with an Attached Car Wash and a 6,428 square foot attached Office Building for Property located south of Old Rockford Road and east of Peony Lane (20041) Community Development Director Hurlburt presented the proposed Zoning Ordinance text amendment, Site Plan, Conditional Use Permit, and Variances to allow construction of a gas convenience store with an attached car wash and office building on property located south of Old Rockford Road and east of Peony Lane. She illustrated the proposed site. She stated the rezoning to the C-1 Zoning District would allow a car wash accessory to a gas/convenience store. The Site Plan and Conditional Use Permit approval would be required for a gas/convenience store with an accessory car wash, and office space attached to the store. The Variances would be required to allow a 54.5 foot setback from the north property line and a 60 foot setback from the south property line, where 75 feet is required. She stated the proposed gas convenience portion of the building would be 4,060 square feet and would include six gas pump islands. The car wash would be 2,400 square feet, and the office portion of the building would be 6,428 square feet and would be used as professional office space for the applicant's business. She explained the subject property is located in Study Area E. On May 23, 2000 the Council adopted in interim ordinance prohibiting any new development applications within Study Area E. The ordinance did not preclude existing applications in process. Therefore, the interim ordinance does not apply to this application. Adopted City Council Minutes Regular Meeting of June 12, 2000 Page 13 of 15 She discussed the ordinance amending the zoning text which allows accessory car washes with motor fuel sales. The ordinance language includes proposed standards for the car wash (no more than one bay), integral part of principal building, adequate stacking space, drainage system, and other standards and conditions that apply to motor fuel sales would apply to accessory car wash. She stated approval of the ordinance text amendment is mandatory if this project is to proceed. She stated with the proposed site plan, lighting, signage, landscaping plan, and hours of operation were discussed at the Planning Commission meeting as well as the vacuum cleaners. Councilmember Johnson asked if the zoning text amendment would affect all C-1 zoning districts. Community Development Director Hurlburt stated yes, and the hours of operation of the car wash would be the same as the convenience store. Bob England, applicant, stated he could answer any questions of the Council. Councilmember Bildsoe asked if Mr. England if he agrees with the issues that were discussed at the Planning Commission meeting. Mr. England replied yes. Motion was made by Councilmember Johnson, and seconded by Councilmember Slavik, to adopt an Ordinance Denying the Zoning Text Amendment. Councilmember Johnson stated the proposed zoning text amendment would affect all commercial areas, and she is concerned about increasing the intensity of zoning in C-1 and C-2 Zoning District. She is also concerned that there could be a problem with the car wash even though it would be integrated into a building. She acknowledged it is very appropriate for commercial uses to directly serve the residential areas. However, she views a C-1 Zoning District as lower intensity commercial uses. Community Development Director Hurlburt stated a car service accessory is appropriate in C-1 and C-2 Zoning District. She stated only one car wash would be allowed under the proposed ordinance which would minimize the impact. She stressed that the applicant still needs to meet all the noise restrictions and the conditions of the Conditional Use Permit. Councilmember Bildsoe stated if it is the intent of the Council to eliminate these types of uses in C-1 and C-2 Zoning District, the gas stations should be eliminated, not the car washes. Mayor Tierney stated she doesn't perceive car washes in the C-1 and C-2 Zoning Districts to be a problem. Councilmember Black stated a car wash is a neighborhood use. Adopted City Council Minutes Regular Meeting of June 12, 2000 Page 14 of 15 Councilmember Johnson voiced her opinion that car washes should only be allowed in C-3 and C-4 Zoning Districts. Mayor Tierney stated she would rather see residents utilizing a car wash than washing their vehicles in their front yards. Councilmember Johnson stated the noise level, intensity of use, and hours of operation are not appropriate. Councilmember Black stated the vacuum would be more of an intrusive sound than the car wash. Councilmember Bildsoe reiterated the applicant must still meet the noise standards. There being no further discussion and with all members voting against the motion but Johnson and Slavik, the motion failed. Motion was made by Councilmember Black, and seconded by Councilmember Brown, to adopt an Ordinance Amending the Text of Chapter 21 of the Plymouth City Code, the Plymouth Zoning Ordinance (20041 - Ord2000-23). With all members voting in favor but Johnson and Slavik, the motion carried. Motion was made by Councilmember Black, and seconded by Councilmember Harstad, to adopt a Resolution Approving the Site Plan, Conditional Use Permit, and Variances for Professional Car Wash Systems for a Gas Convenience Store with an Attached Car Wash and Office Building for Property Located south of Old Rockford Road and east of Peony Lane (20014 — Res2000- 302). With all members voting in favor but Johnson, the motion carried. 8.3) Resolution Approving Site Plan and Conditional Use Permit for the City of Plymouth for Property located east of East Medicine Lake Boulevard and north of 34th Avenue 20054) Councilmember Brown asked how often the emergency generator would operate and under what circumstances it would operate. Public Works Director Moore replied it would operate about once per month for 15 minutes. The generator would automatically operate if there was power failure. Councilmember Brown asked what type of screening would be around the building. Public Works Director Moore illustrated the proposed building and stated they would strive to make it appear as a residential building. He stated several trees would need to be removed to construct the facility; however, there would be replacement plantings in order to insure that the facility is screened from the residential area. Adopted City Council Minutes Regular Meeting of June 12, 2000 Page 15 of 15 Councilmember Brown asked about the frequency of cleaning debris in the NURP ponds. Public Works Director Moore stated the City would clean those ponds once or twice per year so that the debris doesn't enter into the lakes. Motion was made by Councilmember Brown, and seconded by Councilmember Black, to adopt a Resolution Approving Site Plan and Conditional Use Permit for the City of Plymouth for Property Located east of East Medicine Lake Boulevard and north of 34 Avenue (20054 — Res2000-303). With all members voting in favor, the motion carried. Reports and Recommendations There were no reports and recommendations. Adjournment Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to adjourn the meeting at 9:45 p.m. With all members voting in favor, the motion carried. Iaow x) Sandra R. Paulson, City Clerk