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HomeMy WebLinkAboutCity Council Minutes 05-18-1999Adopted Minutes Regular Council Meeting May 18,1999 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the City Center, 3400 Plymouth Blvd., on May 18, 1999. COUNCIL PRESENT: Mayor Tierney; Councilmembers Slavik, Black, Harstad, Johnson, Bildsoe, and Spigner. I• W11z0 M2rem STAFF PRESENT: City Manager Johnson, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Finance Director Hahn, Planner Rask, Park and Recreation Director Blank, City Attorney Knutson, and City Clerk Ahrens. 3 Forum Bev Kottas, Plymouth Civic League, described the raffle planned for Music in Plymouth on June 30. 4.1 Ward 3 Councilmember Saundra Spigner Councilmember Spigner submitted a letter of resignation from the Ward 3 City Council seat. Mayor Tierney presented a plaque of appreciation to Saundra Spigner. 4.2 Councilmember Johnson Appointment to Several Boards Councilmember Johnson announced that she has been appointed to a Hennepin County Task Force on Recycling and selected to serve on the Board of Directors of Common Bond. She was also elected Chairperson of the Communities in Collaboration Council. 5 Approve Agenda The following items were requested for addition to the agenda: Capital Improvements Program public process, Making Drinking Water Safe article, declare vacancy in Ward 3 Council seat. Manager Johnson reported that the licensee has requested that Item 7.2.1 be deleted from the agenda. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to approve the agenda with the changes noted. Motion carried, six ayes. 6 Consent Agenda Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to approve the consent agenda with the removal of Item 6.08. Motion carried, six ayes. Adopted City Council Minutes May 18, 1999 Page 2 6.01 Approve Minutes Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to approve the May 4 regular meeting minutes, and the May 11 Board of Review minutes. Motion carried, six ayes. 6.02 Change Order for Plymouth Creek Center Project Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-221 APPROVING CHANGE ORDER NO.1 WITH SOUTHWEST RECREATION INDUSTRIES. Motion carried, six ayes. 6.03 Award Bid for Printing Plymouth News Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-222 AWARDING LOW BIDDER SEXTON PRINTING OF ST. PAUL A ONE—YEAR CONTRACT FOR PRINTING THE PLYMOUTHNEWS. Motion carried, six ayes. 6.04 Donation from Armstrong—Cooper Youth Baseball Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-223 ACCEPTING DONATION FOR BATTING CAGES. Motion carried, six ayes. 6.05 D. J. Kranz Co. Representing Acrylic Design. Variance at 6050 Nathan Lane (99022) Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-224 APPROVING A VARIANCE FOR D. J. KRANZ FOR PROPERTY LOCATED AT 6050 NATHAN LANE NORTH (99022). Motion carried, six ayes. 6.06 Elim Care, Inc. PUD General Plan Amendment for Cornerstone Commons (99027) Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-225 APPROVING PUD AMENDMENT FOR ELIM CARE TO ALLOW A CHANGE IN THE GRADING PLAN FOR CORNERSTONE COMMONS, LOCATED SOUTH OF HWY. 55, NORTH OF MEDINA ROAD AND EAST OF CO. RD. 101 (99027). Motion carried: six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt ORDINANCE 99-14 AMENDING CHAPTER 21 OF THE CITY CODE TO AMEND SECTION 21655.22 FOR THE CORNERSTONE COMMONS PUD, LOCATED SOUTH OF HWY. 55, NORTH OF MEDINA ROAD AND EAST OF CO. RD. 101 (99027). Motion carried, six ayes. Adopted City Council Minutes May 18, 1999 Page 3 Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-226 APPROVING FINDINGS OF FACT FOR AMENDING THE ZONING ORDINANCE TEXT FOR THE CORNERSTONE COMMONS PUD, LOCATED SOUTH OF HWY. 55, NORTH OF MEDINA ROAD AND EAST OF CO. RD. 101 (99027). Motion carried, six ayes. 6.07 Rottlund Homes. Preliminary and Final Plat for Cornerstone Commons (99030) Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-227 APPROVING PRELIMINARY AND FINAL PLAT FOR ROTTLUND HOMES FOR CORNERSTONE COMMONS 2"D ADDITION FOR PROPERTY LOCATED NORTH OF MEDINA ROAD, SOUTH OF HIGHWAY 55 AND EAST OF CO. RD. 101(99030). Motion carried, six ayes. 6.09 Janco Inc. Items for Forster Preserve Plat 3 (98051) (96098) Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-228 AMENDING RESOLUTION 98-234 AND REPEALING RESOLUTION 96-393 RELATING TO FORSTER PRESERVE PLAT 3, LOCATED NORTHEAST OF OLD ROCKFORD ROAD AND BALSAM LANE (98051) (96098). Motion carried, six ayes. 6.10 Wetland Mitigation and Replacement Plan for Begin Oaks Golf Course (98184) Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-229 APPROVING WETLAND MITIGATION AND REPLACEMENT PLAN, BEGIN OAKS GOLF COURSE (98184), SW % OF SEC. 3, T118N, R22W. Motion carried, six ayes. 6.11 The Village at Bassett Creek Streetlight Project Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-230 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING, THE VILLAGE AT BASSETT CREEK. Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-231 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING, THE VILLAGE AT BASSETT CREEK. Motion carried, six ayes. 6.12 Reduction in Required Financial Guarantee Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-232 REDUCING REQUIRED FINANCIAL GUARANTEE, SAVANNAH ADDITION (92112). Motion carried, six ayes. Adopted City Council Minutes May 18, 1999 Page 4 Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-233 REDUCING REQUIRED FINANCIAL GUARANTEE, HEATHER RUN 2ND ADDITION (94016). Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-234 REDUCING REQUIRED FINANCIAL GUARANTEE, HEATHER RUN 3RD ADDITION (94058). Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-235 REDUCING REQUIRED FINANCIAL GUARANTEE, HEATHER RUN 4TH ADDITION (95001). Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-236 REDUCING REQUIRED FINANCIAL GUARANTEE, SAVANNAH 2ND ADDITION (95021). Motion carried, six ayes. 6.13.1 Change Order No. 6, Peony Lane Street and Bridge Improvement, Project No. 5002 Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-237 APPROVING CHANGE ORDER NO. 6, PEONY LANE — STREET AND BRIDGE IMPROVEMENTS, CITY PROJECT NO. 5002. Motion carried, six ayes. 6.13.2 Payment 22 and Final, Peony Lane Street and Bridge Improvement, Project 5002 Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-238 REQUEST FOR PAYMENT NO. 22 AND FINAL, PEONY LANE STREET AND BRIDGE IMPROVEMENTS, CITY PROJECT NO. 5002. Motion carried, six ayes. 6.14 Award Contract for 1999 Citizen Survey Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-239 AWARDING CONTRACT FOR CITIZEN SURVEY TO DECISION RESOURCES, LTD. Motion carried, six ayes. Councilmember Black requested that the consultant incorporate the Comprehensive Plan goals into the survey for feedback. Mayor Tierney requested that the Council have the opportunity to review the survey questions. 6.15 First Quarter 1999 Financial Report Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to accept the First Quarter 1999 Financial Report. Motion carried, six ayes. Adopted City Council Minutes May 18, 1999 Page 5 6.16 Revised Mutual Aid Agreement Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-240 ADOPTING THE REVISED SOUTHWEST MUTUAL AID ASSOCIATION AGREEMENT. Motion carried, six ayes. 6.17 Youth Council Request for Funding of Special Event Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-241 APPROVING FUNDING FOR PLYMOUTH YOUTH COUNCIL SPECIAL EVENT. Motion carried, six ayes. 6.18 Blanski Peter Kronlage & Zoch PA. Zoning Ordinance Amendment for West Lutheran High School at 3350 Harbor Lane North (99025) Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt ORDINANCE 99-15 AMENDING THE PLYMOUTH CITY CODE, BY AMENDING CHAPTER 21, O—R (OFFICE/RESIDENTIAL) ZONING DISTRICT (99025). Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-242 APPROVING FINDINGS OF FACT FOR AMENDING SECTION 21450(0—R, OFFICE/RESIDENTIAL) OF THE PLYMOUTH CITY CODE 99025). Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-243 APPROVING A CONDITIONAL USE PERMIT AMENDMENT AMENDING RESOLUTION 96-11 FOR CONDITIONAL USE PERMIT, SITE PLAN AND VARIANCE FOR WEST LUTHERAN HIGH SCHOOL FOR PROPERTY LOCATED AT 3350 HARBOR LANE TO REMOVE A CONDITION LIMITING ENROLLMENT TO 150 STUDENTS (99025). Motion carried, six ayes. Youth Concert Jameson Johnson, Jan Barichak, Laura Marofsky, Matt Schultz, and Paul Lenhardt described the Youth Concert proposed by the Plymouth Youth Council. 7.1 Right—of—Way Vacation in Greentree West Addition Public Works Director Moore presented the staff report on the proposed vacation of part of Brockton Lane street right-of-way in Greentree West Addition south of County Road 24 across from Holy Name Church. Mayor Tierney opened the public hearing at 7:35 p.m. No one appeared and the hearing was closed. Adopted City Council Minutes May 18, 1999 Page 6 Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-244 AUTHORIZING THE VACATION OF PART OF BROCKTON LANE STREET RIGHT-OF-WAY, GREENTREE WEST. Motion carried, four ayes; Johnson absent. 7.2.2 Liquor Law Violation of Italianni's Mayor Tierney opened the public hearing on a proposed civil penalty for the liquor law violation relating to the on -sale intoxicating liquor license issued to TGI Friday's of MN Inc., d/b/a Italianni's, 220 Carlson Parkway. Director Gerdes said that an incident of selling alcohol to an individual under the age of 21 occurred on June 5, 1998 (police case #98-19294). He explained the compliance check that resulted in the illegal sale. The employee who served the alcohol, was charged for making the illegal sale. The defendant appeared on a warrant on April 15, 1999, with a fine of $210. This incident occurred on June 5. The Council previously considered violations which occurred on August 12 and on November 2, for which a 5 -day suspension and $1,000 fine, and a 10 -day suspension (8 -days stayed) and $1,000 fine were imposed. He said that both of the previous fines and suspensions have been served. The City has also been notified that the on-site manager at this location has been replaced. Mayor Tierney expressed concern that the offense occurred on June 5, 1998, with a court appearance of January 7, 1999. Public Safety Director Gerdes said the court hearing was delayed and subsequently held on April 15. The City cannot dictate the court calendar or the appearance of the defendant in court. Councilmember Harstad asked how many compliance checks Italianni's has successfully passed. Public Safety Director Gerdes responded that 114 compliance checks were conducted in 1998, with 24 violations. One establishment had two violations, and Italianni's had three violations. Scott Rusert, 333 South Seventh Street, Minneapolis, and Bruce Wegner, Acting General Manager of Italianni's, 220 Carlson Parkway, appeared before the Council. Mr. Rusert said the employee who committed the violation was terminated by Italianni's. This incident was the first of the three violations. He said that Italianni's is a different place than it was during the time of the past three violations. They have increased emphasis on carding and increased employee awareness of underage serving. He said the company has been working closely with City staff and have implemented a program of rewarding employees for refusing sale to individuals under 21 years of age. He said that all servers have been recertified in their responsible server program and the company has enacted a zero tolerance policy. The carding policy has been amended to require employees check identification of anyone under 40 years of age. Adopted City Council Minutes May 18, 1999 Page 7 Mr. Wegner said daily staff meetings emphasize the issue of requesting identification of anyone under 40 years of age. He described a couple of incidents where service has been refused. Mr. Rusert said Italianni's would like to host a youth educational event about underage drinking which could include parental involvement. Mayor Tierney closed the public hearing. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to impose a 2,000 fine and 30 -day suspension with 25 days stayed for 18 months with no same or similar violations. Councilmember Bildsoe said this would result in a total of 33 days stayed which would be served if there is another violation. Councilmember Harstad said that under the current ordinance, a fourth violation could result in revocation of the liquor license. He noted that when the Council held the first hearing, all three violations had already occurred. Councilmember Bildsoe said the City Council would have heard the cases in order of occurrence if the clerk had appeared in court when scheduled to do so. Motion to amend was made by Councilmember Black, seconded by Councilmember Bildsoe, to require 10 -days of the 30 -day suspension to be served and to stay the remaining 20 days. Councilmember Johnson said she doesn't support the motion. All three of these compliance check violations occurred before the first one was considered by the Council. The licensee was not provided the opportunity to react and to implement new procedures. Public Safety Director Gerdes said the Council has expressed concerns about the timing of these cases. If there is a fourth violation, the City would need to consider that carefully. He said there may be mitigation if a fourth violation occurs within seven years due to the timing of the first three violations. He said the liquor ordinance establishes a 15 -day suspension and $2,000 fine for a third violation. Mayor Tierney said she does not support the motion because it gives the appearance that the City is attempting to close a business. She said that all three of these violations occurred before the Council heard the first case. All violators and the manager have been terminated and the business has implemented positive behaviors to ensure compliance. The original motion was withdrawn. Adopted City Council Minutes May 18, 1999 Page 8 Motion to substitute was made by Councilmember Black, seconded by Councilmember Johnson, to adopt RESOLUTION 99-245 IMPOSING A CIVIL PENALTY AGAINST TGI FRIDAY'S OF MINNESOTA INC. d/b/a ITALIANNI'S FOR LIQUOR COMPLIANCE CHECK VIOLATION, imposing a $2,000 fine and 15 -day suspension with 5 days stayed. Motion carried: five ayes; Tierney nay. Main motion carried, six ayes. The Council directed preparation of findings of fact for consideration at the next meeting and directed Public Safety Director Gerdes to work with Italianni's on their proposed programs. 8.1 Fernbrook Lane Alignment Study, Project 9006 Public Works Director Moore presented the staff report on the Fernbrook Lane Alignment study north of Schmidt Lake Road. Traffic volumes on this roadway are estimated to be from 8,000 to 13,000 vehicles per day. He said the intent of this roadway is to serve local traffic and not as an alternate route for Northwest Blvd. or I-494. The recommended alignment, Alternative E, has the lowest estimated cost. Councilmember Bildsoe supported Alignment E. He verified that staff will be discussing the alignment with the affected property owners. In response to questions, Director Moore explained that the southern portion of Alternatives B and C would be eliminated from consideration if Alternative E is selected. He said that better traffic volume estimates will be developed as part of the Transportation Plan update in the Comprehensive Plan. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to give the following direction for additional work on the Fernbrook Lane Alignment Study north of Schmidt Lake Road: Eliminate Alignment A and the southerly portion of Alignment B from further consideration; That the connection to Schmidt Lake Road be at Cheshire Lane Alignment E); In order that the street will serve its function for local access and discourage through traffic, the road should be designated as a parkway; Direct staff and consultant to prepare an Environmental Assessment Worksheet (EAW) to document impacts of the proposed roadway and receive environmental approvals. Councilmember Black said the preferred alignment will preserve wetlands. In response to a question by Mayor Tierney, Public Works Director Moore explained that there is no intention or ability to extend Fernbrook Lane into Maple Grove. Councilmember Harstad offered a friendly amendment to eliminate from consideration the southerly portion of Alignments C and D. This amendment was accepted and incorporated into the main motion. Motion carried, six ayes. Adopted City Council Minutes May 18, 1999 Page 9 8.2 Environmental Assessment Worksheet for Plymouth Ponds (99010) Community Development Director Hurlburt presented the staff report on the consideration of an Environmental Assessment Worksheet (EAW) for Plymouth Ponds Business Park. The project consists of four buildings totaling 384,000 square feet of office/warehouse/light manufacturing uses on a 27.7 acre site. She described the purpose of an EAW, and the EAW review process. If the City Council determines that the EAW identifies significant impacts that cannot be mitigated or minimized, the Council would order an Environmental Impact Statement (EIS). An EIS would not necessarily disclose more information, but would examine additional alternatives and mitigation measures. Staff recommends a finding of no need for an EIS and that a record of decision be adopted by reference as part of the resolution. She said the EAW identifies measures to protect the environment that can later be imposed as conditions of approval on the project. Councilmember Harstad asked if the EAW was sent to the adjacent homeowner associations. Director Hurlburt responded yes, but no one from the associations was present at the Planning Commission meeting. Councilmember Black asked how the potential noise problem could be abated. She also expressed concern about the loading docks facing south on the site. Director Hurlburt responded that the noise concerns identified in the letter from the PCA indicates that noise standards are violated along many of the City's major roads. Whether or not this development would occur on this site, the noise problem will occur. It is a more global issue and no immediate solutions have been identified. This development must comply with the City's noise ordinance and that will be evaluated as part of the detailed project review. The EAW did not identify any perceptible increase in noise attributable to the project. Councilmember Slavik commented that although there have been no noise violations at the site, residents complain about noise related to the site. She said it is an inconvenience for the abutting residents to police the situation. Director Hurlburt said there are very few documented calls relating to noise at the site. Councilmember Slavik said residents have called numerous times with noise complaints. The residents also take issue with the definition of a truck for purposes of the traffic study. As an example, she noted that a UPS truck would be counted as a car. Jenny Ross, SRF Consulting Group, said that for purposes of the traffic study, trucks would be vehicles larger than a UPS truck. The vehicle counts were based on a typical development. Adopted City Council Minutes May 18, 1999 Page 10 Director Hurlburt stated that the Planning Commission minutes contain statements from Brad Moen regarding the number of trucks at the existing facility. That information was not used in the traffic study. Michael Leuer was present to answer questions. Motion was made by Councilmember Black, seconded by Councilmember Harstad, to adopt RESOLUTION 99-246 DECLARING FINDING OF "NO NEED" FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) BASED UPON THE REVIEW OF THE ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) DATED MARCH 1999 FOR THE PROJECT PROPOSED BY MOEN LEDER CONSTRUCTION FOR PLYMOUTH PONDS, BUILDINGS 5 THROUGH 8 (99010). Councilmember Black said there are issues to be addressed with the proposed development, but it can be done outside of an EIS process. Councilmember Bildsoe agreed that an EIS will not solve the issues relating to the proposed development. He said these will need to be considered when the project comes before the Council. Councilmember Slavik said this is a very poor project because she believes it is inappropriate to put loading docks adjacent to residents' homes, but there is no need for an EIS to address it. Motion carried, six ayes. 8.3 Moen Leuer Construction. Interim Use Permit at 17430 Medina Road (99035) Community Development Director Hurlburt presented the staff report on the application of Moen Leuer Construction for an interim use permit to move approximately 70,000 cubic yards of material from the 10 -acre Leuer Farm to the adjacent Cornerstone Commons residential development. The Planning Commission recommended approval of the request, as the applicant has met the conditions for excavating and grading as an interim use. She explained the conditions proposed for inclusion in the resolution. In response to a question from Councilmember Black, Director Hurlburt said there are no wetlands on the Leuer farm portion of the site. Councilmember Bildsoe asked about material spills on the farm soil. Director Hurlburt said there have been spills of fuel and other materials in the agricultural use. They are required to clean that up according to PCA regulations. She said the farm buildings will not be graded as part of the interim use permit. Adopted City Council Minutes May 18, 1999 Page 11 Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 99-247 APPROVING INTERIM USE PERMIT FOR MOEN LEUER CONSTRUCTION FOR PROPERTY LOCATED AT 17430 MEDINA ROAD (99035). Motion to amend was made by Councilmember Bildsoe, seconded by Councilmember Black, to amend the hours of operation to eliminate grading on Saturdays and to begin on weekdays no earlier than 8 a.m. Mayor Tierney said that this project is no closer to the adjacent residences than many other projects in the City. Director Hurlburt said that approving the interim use permit does not in any way commit the Council to any future approving action on the project. She said the City has encouraged the 10 - acre Leuer farm to be connected to the Elim property for good circulation. Combining the two sites means they can be graded together, regardless of what is ultimately developed on the Moen Leuer site. She said that the ordinance requirements would still apply to the hours of grading operation on the Elim site. For example, grading could be done on Saturday on the Elim site, but not on the adjacent Moen Leuer site. Michael Leuer represented Moen Leuer. He said the grading is not important for the Moen Leuer site, but it is important for the Elim and Rottlund developments. He said that it would eliminate the need for 7,000 to 10,000 trucks on the roadway, which would occur if the material needs to be hauled to and from an off-site location. Bob Dahl represented Elim Care. He said that Elim and Rottlund are in need of 7,000 yards of dirt. He described the consumer response to the proposed units. Their goal has been to match the approval times of both projects, unfortunately this has not occurred. If the interim use permit is not granted, he said Elim will need to bring in 7,000 dump truck loads of dirt to the site, and at some point, the dirt will need to be removed and trucked out from the industrial portion of the site. Richard Palmiter, Rottlund Homes, spoke in favor of the interim use permit. He said that they would accept the grading hours restriction if required, but it may extend the number of days of grading operations. Substitute amendment was made by Mayor Tierney, seconded by Councilmember Harstad, to amend the hours of grading to 7 a.m. to 7 p.m., Monday through Saturday. Mayor Tierney said that uniformity in hours is a good thing, and this approval will avoid additional trucks in the neighborhood. Councilmember Bildsoe asked the developers if they could restrict the hours on both sites. Adopted City Council Minutes May 18, 1999 Page 12 Mr. Palmiter said they already have signed contracts for grading. These cannot be changed without significant cost. Michael Leuer said that they would restrict the hours if required, but they do not believe the impact on the adjacent residents is significant. He estimated the grading would take about a week with good weather. Councilmember Black said that a restriction on grading hours will lengthen the number of days that grading will occur. She said that if the Council believes that grading from 7 a.m. to 7 p.m. on Saturday is a concern, then it should be a problem for the entire City and the ordinance should be amended. Motion to amend failed: Black, Harstad and Tierney ayes; Johnson, Bildsoe and Slavik nays. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to amend the hours of grading to 7 a.m. to 7 p.m. Monday through Friday, and 9 a.m. to 7 p.m. on Saturdays. Motion to amend failed: Black, Bildsoe, Tierney ayes; Harstad, Johnson and Slavik nays. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to amend the hours of grading to 8 a.m. to 7 p.m. Monday through Friday, and 9 a.m. to 5 p.m. on Saturdays. Mayor Tierney said that street reconstruction can occur within 50 feet of a home and this work will occur 300 to 500 feet from the nearest residential homes. Councilmember Slavik responded that there is a difference in having a street improved and having an adjacent commercial building constructed. Councilmember Johnson withdrew her motion to amend. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to call the question. Motion carried, six ayes. Motion to amend failed: Bildsoe and Slavik ayes; Johnson, Harstad, Black, and Tierney nays. Vote on main motion carried: Black, Harstad, Bildsoe, and Tierney ayes; Johnson and Slavik nays. Motion was made by Mayor Tierney, seconded by Councilmember Black, to suspend the rules and extend the adjournment time to 10:30 p.m. Motion carried, six ayes. Adopted City Council Minutes May 18, 1999 Page 13 8.4 Darrel Nastrom. Variance for Garage at 18105 Co. Rd. 24. (99005) Community Development Director Hurlburt presented the staff report on the request of Darrell Nastrom for a variance to have a one -foot setback for a driveway where three feet is required, and a variance to have a 5.5 foot setback for a garage where six feet is required for property at 18105 County Road 24. She said there is a shared driveway with the abutting property. The Planning Commission recommended approval of the variance for the garage setback and denial of the variance for the driveway setback. She said there is currently a "stop work order" on the garage work until the variance issue is decided. Director Hurlburt said there is disagreement between the property owners regarding the lot line, as well as what the private agreement allows. Darrell Nastrom, 18105 County Road 24, said that when he purchased the home it had a shared driveway agreement with a blacktop driveway that goes to the back of the homes, with gravel beyond. He used the property irons to plan improvement of the driveway from gravel to concrete, but the neighbor's survey was different. He poured concrete prior to seeing the new survey. Mr. Nastrom said he can saw off the driveway at the lot line and would still have eight feet to drive on. If three feet of concrete is removed, the driveway would not be wide enough. Richard Tonn, 18020 County Road 24, addressed the driveway agreement. He expressed concern that he will have problems when he sells his property if the variances are allowed and if there is an encroachment on his property. Planner John Rask said that the new concrete driveway crosses over the lot line. A portion is clearly on Mr. Tonn's property. He said the applicant is proposing to remove the concrete back to a 1 foot setback, rather than the 3 foot required setback. He said the height and size of the proposed garage addition complies with the ordinance limitations. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-248 APPROVING A VARIANCE TO ALLOW A GARAGE AT 5.5 FEET FROM THE EAST PROPERTY LINE AND DENYING THE VARIANCE TO ALLOW A ONE -FOOT DRIVEWAY SETBACK FOR DARREL NASTROM FOR PROPERTY LOCATED AT 18105 CO. RD. 24 (99005). Councilmember Slavik said she does not want to create a hardship for the Tonn's. She noted that Mr. Nastrom is a contractor and should have thoroughly researched and planned his improvements. Councilmember Black questioned why allowing the driveway within 1 foot of the property line would be a hardship for the adjacent owner. Councilmember Harstad said this error occurred in good faith. He does not believe the variance will affect the resale of the adjacent property. Adopted City Council Minutes May 18, 1999 Page 14 Motion to amend was made by Councilmember Harstad, seconded by Mayor Tierney, to approve the 1 foot driveway setback variance. Motion was made by Mayor Tierney, seconded by Councilmember Black, to suspend the rules and extend the adjournment time to 10:45 p.m. Motion carried, six ayes. Motion to amend carried: Black, Harstad, Bildsoe, and Tierney ayes; Johnson and Slavik nays. Main motion carried: Black, Harstad, Bildsoe, and Tierney ayes; Johnson and Slavik nays. 8.5 Ward 3 Council Vacancy Motion was made by Councilmember Black, seconded by Mayor Tierney, to adopt RESOLUTION 99-249 DECLARING VACANCY TO EXIST IN WARD 3 CITY COUNCIL SEAT. Motion carried, six ayes. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to establish a special meeting beginning at 5:30 p.m. on June 8 to interview applicants for the Ward 3 City Council seat and to close applications on June 5. Motion carried, six ayes. 8.6 (6.08) Griffiths Corporation Site Plan Amendment (99020) Councilmember Black said she is not convinced that all alternatives to reduce the amount of impervious coverage have been considered. Community Development Director Hurlburt said this site plan amendment relates to building coverage, not impervious surface. However, more building coverage would result in greater impervious surface coverage. Allyn Dickie represented Griffith Corporation, a metal stamping manufacturer. Mr. Dickie said that in the past, shipping has occurred as lots are manufactured. Customers now want items shipped in smaller containers, and the company currently has a problem with outdoor storage. He said the business needs to expand in order to accommodate indoor storage. Motion was made by Councilmember Bildsoe; seconded by Councilmember Slavik; RESOLUTION 99-250 APPROVING SITE PLAN AMENDMENT AND VARIANCE FOR A BUILDING ADDITION AND PARKING LOT EXPANSION AT THE WRICO BUILDING LOCATED AT 2727 NIAGARA LANE NORTH (99020). Motion carried: five ayes; Black nay. 9.1 Legislative Update City Manager Johnson presented a brief legislative update. Motion was made by Councilmember Harstad, seconded by Councilmember Johnson, to suspend the rules and extend the adjournment to 11:00 p.m. Motion carried, five ayes; Black nay. Adopted City Council Minutes May 18, 1999 Page 15 9.2 D.A.R.E Graduations The City Council discussed schedules for the D.A.R.E. graduations in various schools. 9.3 Capital Improvement Program Councilmember Black said that the City's Capital Improvement Program does not discuss the City's public process or involvement for public improvements. She would like to discuss this at a future study session. 9.4 Drinking Water Brochure Public Works Director Moore said that much of the proposed Drinking Water Brochure is dictated by state and federal requirements. The brochure was written by a consultant who deals with water testing. Councilmembers Harstad and Black offered to meet with staff to review and revise the proposed brochure. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adjourn the meeting at 11:00 p.m. Motion carried, six ayes.