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HomeMy WebLinkAboutCity Council Minutes 04-15-1998APPROVED MINUTES REGULAR COUNCIL MEETING APRIL 15, 1998 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the City Center Council Chambers, 3400 Plymouth Blvd., on April 15, 1998. COUNCIL PRESENT: Mayor Tierney; Councilmembers Wold, Johnson, Preus, Spigner, Black, and Bildsoe. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Finance Director Hahn, Park and Recreation Director Blank, City Attorney Knutson, and City Clerk Ahrens. Item 3 Plymouth Forum No one spoke at the Forum. Item 4-A Government Finance Officer Association Award Mayor Tierney presented the award for the Certificate of Achievement for Excellence in Financial Reporting for the year ending December 31, 1996 to Finance Director Hahn and the finance staff. Item 4-B Yom Hashoah, The Day of Remembrance Assistant Manager Lueckert presented the request of the Plymouth Human Rights Commission that the Council proclaim April 23 as Yom Hashoah, the Day of Remembrance for Holocaust Victims. Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 98-224 PROCLAIMING APRIL 23,1998 AS YOM HASHOAH, THE DAY OF REMEMBRANCE FOR HOLOCAUST VICTIMS, IN THE CITY OF PLYMOUTH, MINNESOTA. Motion carried, seven ayes. Item 4-C Robbinsdale School District 281 "Accent on the Arts" John Luzaich represented Robbinsdale School District 281. He introduced members of the District's Comprehensive Arts Planning Program (CAPP) committee. Committee members described the "Accent on the Arts" program proposed for 1998-99. Approved City Council Minutes April 15, 1998 Page 2 Motion was made by Councilmember Spigner, seconded by Councilmember Johnson, to adopt RESOLUTION 98-225 SUPPORTING SCHOOL DISTRICT 281 ARTS PROGRAMS. Motion carried, seven ayes. Item 5 Approve Agenda City Manager Johnson recommended the addition to the agenda of Item 6 -BB, Easement Agreement for Shenandoah Apartments. Councilmember Bildsoe requested the addition of items relating to outdoor warning system and firefighter recruitment. Councilmember Johnson requested that Item 9-B, Create Youth Advisory Council, be moved up on the agenda to Item 8-a. Councilmember Black requested the addition of items relating to County Road 9, Update on Trail and Bonding Bill, and the Environmental Trust Fund. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to approve the agenda with all requested additions and changes. Motion carried, seven ayes. Item 6 Consent Agenda Items 6-Q, 6-T, and 6-X were removed from the Consent Agenda. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to approve the consent agenda as amended. Motion carried, seven ayes. Item 6-A Approve Minutes Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt minutes of the April 1, 1998 Regular Council Meeting, and the April 8 Board of Review Meeting. Motion carried, seven ayes. Item 6-11 Approve Disbursements Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-226 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING APRIL 3,1998. Motion carried, seven ayes. Approved City Council Minutes April 15, 1998 Page 3 Item 6-C Property and Liability Insurance Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-227 AWARDING THE CONTRACT FOR INSURANCE FOR THE 1998/1999 INSURANCE PROGRAM. Motion carried, seven ayes. Item 6-D Application for Lawful Gambling Exemption Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-228 FINDING NO OBJECTION TO LAWFUL GAMBLING EXEMPTION FOR PILGRIM LANE PTO. Motion carried, seven ayes. Item 6-E FORESTVIEW MONTESSORI, CONDITIONAL USE PERMIT (98001) Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-229 APPROVING CONDITIONAL USE PERMIT FOR FORESTVIEW MONTESSORI LOCATED AT 105 FORESTVIEW LANE NORTH (98001). Motion carried, seven ayes. Item 6-F Colony Liquor, Transfer of Corporate Control Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-230 APPROVING CHANGE IN CORPORATE CONTROL OF ASHBECK GUTH INC. AND APPROVING OPERATING MANAGER. Motion carried, seven ayes. Item 6-G Business Relations Subcommittee Final Report Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-231 DIRECTING STAFF TO HOLD AN ANNUAL TOWN MEETING FOR BUSINESSES, AND DISBANDING THE BUSINESS RELATIONS SUBCOMMITTEE. Motion carried, seven ayes. Item 6-H Creekside, L.L.C. Final Plat for "Creekside Estates" (97122-F) Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-232 APPROVING FINAL PLAT FOR CREEKSIDE, LLC FOR "CREEKSIDE ESTATES" LOCATED IN THE SOUTHEAST QUADRANT OF HIGHWAY 55 AND NATHAN LANE (97122-F). Motion carried, seven ayes. Approved City Council Minutes April 15, 1998 Page 4 Item 6-I MIM Enterprise, Inc. Lot Division/Consolidation Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-233 APPROVING LOT DIVISION/CONSOLIDATION FOR MIM ENTERPRISE, INC. FOR PROPERTY LOCATED AT THE NORTHEAST QUADRANT OF TROY LANE NORTH AND 39TH AVENUE NORTH (98048). Motion carried, seven ayes. Item 64 Janco, Inc. Lot Consolidation (98051) Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-234 APPROVING LOT CONSOLIDATION FOR JANCO, INC. FOR PROPERTY LOCATED NORTHEAST OF OLD ROCKFORD ROAD AND BALSAM LANE 98051). Motion carried, seven ayes. Item 6-K Encroachment Agreement at 13695 57' Place N. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-235 APPROVING ENCROACHMENT AGREEMENT FOR DECK CONSTRUCTION AT 1369557 TH AVENUE NORTH. Motion carried, seven ayes. Item 6-L Application for Contamination Cleanup Grant Program Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-236 AUTHORIZING SUBMISSION OF AN APPLICATION TO THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT'S CONTAMINATION CLEANUP GRANT PROGRAM FOR THE PROPOSED VILLAGE AT BASSETT CREEK DEVELOPMENT. Motion carried, seven ayes. Item 6-M Optical Scan Election Equipment Maintenance Agreement Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-237 APPROVING MAINTENANCE AGREEMENT FOR OPTICAL SCAN VOTING EQUIPMENT. Motion carried, seven ayes. Item 6-N Discontinuation of the Plymouth Rider Fixed Route Bus Service Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-238 APPROVING DISCONTINUATION OF THE PLYMOUTH RIDER FIXED ROUTE CIRCULATOR BUS SERVICE OPERATED BY PLYMOUTH METROLINK. Motion carried, seven ayes. Approved City Council Minutes April 15, 1998 Page 5 Item 6-0 Cooperative Agreement Between MnDOT and Plymouth Metrolink Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-239 APPROVING THE COOPERATIVE CONSTRUCTION AGREEMENT WITH MNDOT FOR THE CONSTRUCTION OF BUS ONLY SHOULDER LANES ON T.H. 169 FROM T.H. 55 TO 36TH AVENUE NORTH. Motion carried, seven ayes. Item 6-P Schmidt Lake Road Improvements, Project 9007 Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-240 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, SCHMIDT LAKE ROAD, VICKSBURG LANE TO FERNBROOK LANE, STREET AND UTILITY IMPROVEMENTS, CITY PROJECT NO. 9007. Motion carried, seven ayes. Item 6-R 1998 Seal Coat Program Contract Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-241 AWARDING BID, 1998 SEAL COAT PROGRAM. Motion carried, seven ayes. Item 6-S Reduction in Required Financial Guarantee Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-242 REDUCING FINANCIAL GUARANTEE, PARK WOODS TOWNHOMES ADDITION (95127). Motion carried, seven ayes. Item 6-U Encroachment Agreement for Communication Cable KMC Telecom II Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-243 APPROVING ENCROACHMENT AGREEMENT FOR KMC TELECOM II FOR PLACEMENT OF COMMUNICATION CABLE IN CITY RIGHTS-OF- WAY AND AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE AGREEMENT. Motion carried, seven ayes. Item 6-V Purchase of Water Tower Site Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-244 APPROVING PURCHASE AGREEMENT, HOLLYDALE WATER TOWER SITE, CITY PROJECT NO. 2012. Motion carried, seven ayes. Approved City Council Minutes April 15, 1998 Page 6 Item 6-W Construction Agreement with Hennepin County, Project 6031 Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-245 APPROVING CONSTRUCTION COOPERATIVE AGREEMENT, COUNTY ROAD 24 SOUTH OF T.H. 55 AT PRIVATE DRIVE ENTRANCE TO PLYMOUTH STATION; TRAFFIC SIGNAL INSTALLATION AND COUNTY ROAD 24 AND T.H. 55 WIDENING, COUNTY PROJECT NO. 9812, PLYMOUTH STATION (97145), CITY PROJECT NO. 6031. Motion carried, seven ayes. Item 6-Y Establish Special City Council Meeting Motion was made by Councilmember Johnson, seconded by Councilmember Black, to establish April 22, 1998 at 6:00 p.m. as a Special City Council Meeting to review City Center Streetscape Plans. Motion carried, seven ayes. Item 6-Z Amendments to 1998 Classification and Compensation Plan Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-246 APPROVING THE GRADE, TITLE AND SALARY RANGE FOR ICE ARENA OPERATIONS SUPERVISOR. Motion carried, seven ayes. Item 6 -AA Final Payment - Spancrete Midwest Corporation Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-247 APPROVING FINAL PAYMENT AND RELEASE OF RETENTION FOR SPANCRETE MIDWEST CORPORATION. Motion carried, seven ayes. Item 6-1111 Easement Agreement for Shenandoah Apartments Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-248 GRANTING PRIVATE ACCESS EASEMENT OVER OUTLOT D, PARKERS LAKE NORTH 2ND ADDITION. Motion carried, seven ayes. Item 7 Off -Sale 3.2 Malt Liquor Licenses for Amoco City Clerk Ahrens presented the staff report on two applications of American Oil Company d/b/a Amoco for off -sale 3.2 malt liquor licenses. Mayor Tierney opened the public hearing at 7:35 p.m. on the application for an off -sale 3.2 malt liquor license at 3855 Plymouth Blvd. Bill Rehm represented the applicant. Approved City Council Minutes April 15, 1998 Page 7 Mayor Tierney closed the public hearing. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-249 APPROVING OFF -SALE 3.2 MALT LIQUOR LICENSE FOR AMERICAN OIL COMPANY, 3855 PLYMOUTH BLVD. Councilmember Black said that she will not support the requests because she believes it is inappropriate to sell liquor at locations that cater to the driving public. Motion carried: Bildsoe, Johnson, Preus, Spigner, and Tierney ayes; Black nay; Wold abstained. Mayor Tierney opened the public hearing on the application for an off -sale 3.2 malt liquor license at 3955 Vinewood Lane. No one appeared, and the hearing was closed. Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-250 APPROVING OFF -SALE 3.2 MALT LIQUOR LICENSE FOR AMERICAN OIL COMPANY, 3955 VINEWOOD LANE. Motion carried: Bildsoe, Johnson, Preus, Spigner, and Tierney ayes; Black nay, Wold abstained. Item 8-a (9-B) Create Youth Advisory Council Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-251 ESTABLISHING A YOUTH ADVISORY COUNCIL, AND DETERMINING ITS MEMBERSHIP, OFFICERS AND MEETINGS, AND DUTIES. Councilmember Johnson explained that she has been working on options for getting youth more involved in local government. She has met with all four school districts in Plymouth, and the League of Women Voters recently conducted a forum to discuss ways of getting students more involved in local government. A Youth Advisory Council would serve as advisory to the City Council, and members could serve on various boards and commissions as non-voting members. The Council would evolve over time and will give students an opportunity to address issues in the community. Sam Kelner, 11720 45" Avenue North, a sophomore at Armstrong High School, supported this proposal as a way to get teens more involved in local government. Approved City Council Minutes April 15, 1998 Page 8 Paul Lenhardt, 4850 Cottonwood Lane, a freshman at Armstrong High School, spoke in support of the Youth Advisory Council. Councilmember Wold supported the establishment of a Youth Advisory Council and suggested that Councilmember Johnson should be the Council Coordinating Representative to the group. He said that the Youth Advisory Council should be treated the same as other advisory groups, and the Council should be provided with their goals and a work plan. City Manager Johnson said that due to the evolving nature of new commissions, staff is recommending that the Youth Advisory Council be established by resolution. The structure of the Youth Advisory Council could be affirmed by ordinance in one year. Councilmember Black supported the motion and said that she admires youth who want to participate in local government. Motion carried, seven ayes. Motion was made by Councilmember Black, seconded by Councilmember Johnson, to appoint Judy Johnson as the Council Coordinating Representative to the Youth Advisory Council. Motion carried, seven ayes. Item 8-A Tobacco License Application of Arkady's Market Public Safety Director Gerdes said that Arkady's Market, 3435 Highway 169, did not apply for a 1998 tobacco license, and it lapsed as of December 31. On about March 19, the owner of Arkady's Market contacted the City regarding their application. A full application and fees were submitted to the City on March 24. The tobacco license was placed on the April 1 Council agenda for approval. On March 26 and 27, the Public Safety Department conducted its annual compliance checks. During the process, a compliance check was conducted next door to Arkady's Market and the officer noticed that tobacco products were displayed at Arkady's. A check was conducted at Arkady's, and tobacco was sold to a 17 -year old. In addition, it was noted that Arkady's had no current tobacco license. Based on this incident, a recommendation of denial was made to the City Council. Director Gerdes suggested that the Council could deny the license request and set a future date on which they may reapply, or approve the license. If the item is approved, then the compliance check violation would take its normal Approved City Council Minutes April 15, 1998 Page 9 course through the court system and then to the City Council for consideration of a civil penalty. Staff recommends denial of the license. Mayor Tierney asked if a language problem or misunderstanding could have caused this situation. Public Safety Director Gerdes responded that there is always the opportunity for misunderstanding between cultures. The applicant submitted the correct application materials, but may have thought that when they paid their fee, they obtained their license at that time. The applicant has held previous tobacco and liquor licenses. Councilmember Spigner asked if there is any record that Arkady's received the renewal materials in 1997. City Clerk Ahrens said that renewal letters were mailed in November 1997 to all current tobacco licensees. However, it is not possible to know for certain that the application was sent by the City or received by Arkady's. Councilmember Johnson asked when the original license was issued and whether there have been barriers causing problems in previous years. Director Gerdes said that Arkady's has held a license since 1993-94, and there have not been previous problems regarding the application materials. Councilmember Spigner said that the Council should hear from the applicant, and she believes that comprehension issues may be to blame for the situation. Faina Albert, Vice President of Arkady's Market, apologized for the events that took place at Arkady's Market during the compliance check. She said that Arkady's Market has held a tobacco license since 1993, and there has not been a previous problem with renewal. She stated that she did not receive renewal materials for 1998 and assumed that the licensing policies had been changed. She contacted the City in March regarding the renewal and subsequently submitted application materials and the license fee. She said that since no one told her she couldn't sell tobacco until it was approved by the City Council, she continued selling. Ms. Albert said that she was not present during the compliance check, but the person who made the sale thought the person was at least 27 years old. She said this store is an international center in Plymouth. It serves as a means of integrating eastern Europeans to the American community. Tobacco sales is not their primary business. She asked the Council to allow Arkady's the opportunity to correct their mistakes as they did not intend to break the law. Approved City Council Minutes April 15, 1998 Page 10 Councilmember Bildsoe asked if it is correct that Arkady's had two compliance checks in 1996, one of which was failed. Public Safety Director Gerdes said that the compliance check program was established in 1996. The applicant passed one compliance check and failed one compliance check during 1996. The applicant passed the 1997 compliance check. Councilmember Johnson asked if the applicant failed the first or second compliance check in 1996. Public Safety Director Gerdes said that he does not know; however, in 1996 the entire compliance check program was on an educational basis. Motion was made by Councilmember Bildsoe, seconded by Councilmember Preus, to adopt RESOLUTION 98-252 DENYING TOBACCO LICENSE FOR ARKADY'S MARKET, 3435 HIGHWAY 169. Councilmember Preus asked the applicant when she realized there was a problem with the license. He noted that the check in payment of the license fee was dated March 24. Ms. Albert said that she contacted the City on about March 18 and paid the fee on March 21. Councilmember Spigner said that she has spent time looking into this matter, and she believes that a language comprehension barrier is responsible for the situation. She said that this business sells many Russian-made items, and a tobacco license is not needed to operate the business. However, she is concerned that the applicant did not receive a renewal application. Councilmember Spigner said that a compliance check was conducted the day after Ms. Albert applied for the license, and the store was not on the list for compliance checks. She said that there may be a legitimate reason why the applicant did not have a license due to a language barrier. She believes that the City needs to be more sensitive to individuals from different backgrounds and languages. Councilmember Bildsoe noted that the applicant had indicated on the Workers Compensation certification that she has no employees; however, she stated that an employee made the sale during the compliance check. Approved City Council Minutes April 15, 1998 Page 11 Ms. Albert explained that the person who made the sale was a relative; not an employee. Councilmember Bildsoe said that this applicant has failed a compliance check on two occasions. The applicant has held a tobacco license for a number of years and should know when it is renewable. Councilmember Black asked about the potential penalty for the compliance check violations. Public Safety Director Gerdes explained that the criminal complaint is for a gross misdemeanor of sales to a minor, and any penalty would be imposed by the judge. If the court action determines that the sale occurred and the applicant holds a license, the compliance check issue would come before the Council for consideration of an administrative penalty. Councilmember Spigner said that this compliance check has not gone through the court system. Motion was made by Councilmember Bildsoe to call the question. Motion failed for lack of a second. Councilmember Preus said that he does not believe this situation is the result of a language barrier. He has lived in France, Norway, and Australia and understands language barriers from experience. He said that this applicant has held licenses in the past and she knew the licensing process. The applicant knew that she didn't have an active license and did not do what is required under the law. Mayor Tierney suggested that the Council should establish a reapplication date. Motion to amend was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to allow reapplication of Arkady's Market for a tobacco license effective January 1, 1999. Councilmember Bildsoe asked if the business would be on the compliance check cycle again in 1999, and if the business would be checked during 1998 to ensure that no tobacco sales are occurring. Public Safety Director Gerdes stated that the City is required by state law to conduct an unannounced compliance check twice during each year at licensed Approved City Council Minutes April 15, 1998 Page 12 establishments. Staff will conduct the appropriate check depending on whether there is an active license. Councilmember Johnson said that if the motion passes, staff needs to conduct a check during the time that tobacco sales are not allowed. Motion to amend carried: Bildsoe, Wold, Johnson, Preus, and Black ayes; Spigner and Tierney nays. Councilmember Johnson stated that license applicants have responsibilities, and this includes ensuring that appropriate and timely renewals are submitted. Motion to deny carried, six ayes; Spigner nay. Item 8-11 Elim Care Inc. and Rottlund Homes, Cornerstone Commons (98032) Community Development Director Hurlburt stated that on April 1, 1998, the Council reviewed a sketch plan for Cornerstone Commons residential development located south of Highway 55, north of Medina Road and east of County Road 101. The Council approved the resolution providing comments on the sketch plan, but tabled action on the request to use alternative wetland buffers. The Council was generally in favor of the alternative wetland buffers provided the applicant could demonstrate that other site or building designs failed to achieve the required wetland buffer and setback, that no fill be placed in the wetland for the creation of buffers, and that the use of alternative buffers be limited. Director Hurlburt explained that staff has met with the applicant to view alternative site designs. Following review of the alternatives, staff believes that the only way to eliminate the alternative buffers would be to reduce the size and number of units in the project. The applicant has indicated that this is not economically acceptable. The applicant has identified the locations on the peninsula where alternative wetland buffers may be needed. An overall average wetland buffer and setback of 63.7 feet will be maintained, compared to the required 65 feet. Staff recommends that the applicant be allowed to proceed to the next stage of development and to use alternative wetland buffers where absolutely necessary. Staff recommends that no wetlands be filled to create buffers and that if there are changes at the preliminary PUD and platting stage, the applicant may be required to further reduce impacts on the wetlands. She said that approximately 11 percent of the wetland edge would contain alternative buffers. This is an increased percentage from the percent discussed at the previous meeting; however, they have eliminated the fill to create buffers. Approved City Council Minutes April 15, 1998 Page 13 Councilmember Wold asked if the applicant has demonstrated that they will meet the phosphorus concentration limits contained in the Zoning Ordinance Section 21670.06, Subd. 4, relating to alternative wetland buffer strips and buffers with extraordinary management measures. Director Hurlburt said the applicant will be required to demonstrate this at the Preliminary Planned Unit Development stage with the final engineering design. In response to a question by Councilmember Black, Public Works Director Moore said it is unknown whether they could possibly meet the standard by using phosphorus -free fertilizer on the site. Director Hurlburt added that the City would typically be looking for redundant erosion control measures during construction, beyond what would normally be required. Councilmember Wold asked if the applicant understands the extraordinary management requirements. Director Hurlburt said the applicant is aware of the requirements. The consultant for this project also consulted for the City on drafting the wetlands ordinance. Councilmember Preus clarified that the resolution would allow for a maximum of 11 percent alternative buffers, but the applicant will attempt to reduce the percentage. Councilmember Black said that she would prefer a normal buffer and has concerns about approving an alternative buffer on 11 percent of the wetland edge. Councilmember Johnson asked why the alternative design layouts did not work. Director Hurlburt explained that all of the alternative layouts would encroach on the wetlands more than the submitted plan. Councilmember Johnson asked if the project would proceed if the number of units were slightly reduced. Bob Dahl represented Elim Care. He said the primary area of impact is around the peninsula. Since a three-story building is proposed on the Approved City Council Minutes April 15, 1998 Page 14 peninsula, more than a few units would be lost through redesign. He added that they will attempt to achieve a 65 -foot buffer on average around the entire site. Director Hurlburt stated that if the Council adopted an average buffer, the applicant could use alternative buffers all the way around the wetland edge. Under the proposed language, the alternative buffers would only be used in the pinchpoints and where absolutely necessary. In no case would the buffer be reduced below the alternative buffer minimum. Councilmember Black said that this is a 74 acre site, and it is difficult to understand why the standard buffers cannot be met. Mr. Dahl explained that the site is very unique with 26 acres of wetlands and an odd configuration of the peninsula area. In response to a question by Councilmember Johnson, Director Hurlburt described the factors used to assess whether the alternative buffers are needed to make a reasonable use of the property: size of the parcel, how much of the parcel is impacted by wetlands, existing utilities, configuration of the parcel, and the quality of wetlands. She said that the site and wetland configuration make this site a challenge to develop. She said that most of the alternative buffer locations are on the peninsula. It may be possible to eliminate the remaining alternative buffers on the south portion of the site in the final design stage. Tom Jes, 5055 Evergreen Lane, said that there are slopes in excess of 12 percent around the wetlands. The roads and project construction will reduce the permeable surface by 50 percent. He does not believe that the small ponds can handle the runoff or that the wetlands will be adequately protected. Mayor Tierney said she will support the limited use of alternative buffers because the need will have to be proven. Motion was made by Mayor Tierney, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-253 APPROVING THE USE OF ALTERNATIVE WETLAND BUFFERS ON THE PROPOSED CORNERSTONE COMMONS RESIDENTIAL DEVELOPMENT SUBMITTED BY ELIM CARE AND ROTTLUND HOMES FOR PROPERTY LOCATED NORTH OF MEDINA ROAD AND EAST OF COUNTY ROAD 101 (98032). Approved City Council Minutes April 15, 1998 Page 15 Motion was made by Councilmember Black, seconded by Councilmember Johnson, to amend Condition 2 to limit the use of alternative wetland buffers to 8 percent, rather than 11 percent. Councilmember Black said the project includes two townhome buildings that do not need to impact the wetland. She does not believe that the size of those buildings would impact the economic viability of the project. Councilmember Wold explained that the Zoning Ordinance requires that the approval of any extraordinary management practices shall be conditioned upon a site improvement performance agreement that includes a binding commitment to the maintenance of the proposed alternative treatments throughout their useful life. He said that the applicant will make a binding commitment that the alternative practices will work and must demonstrate that they are working as proposed. Councilmember Johnson asked who will monitor this information. Director Hurlburt said the applicant is responsible for providing the engineering studies, which will be reviewed by staff. The applicant signs an agreement for future maintenance of the pond. Director Moore said there will be a binding agreement with enforcement provisions to assure the applicant complies with the extraordinary measures. Motion to amend failed: Johnson, Spigner, Black ayes; Wold, Preus, Bildsoe, and Tierney nays. Councilmember Black suggested that the City specify the use of phosphorus - free fertilizer on the site in the final project approval. Motion carried: Wold, Bildsoe, Spigner, Preus, and Tierney ayes; Johnson and Black nays. Mayor Tierney called a five minute break. Item 8-C Hennepin County Sheriffs Office. Public Safety Communication Tower Community Development Director Hurlburt described the proposed Zoning Ordinance Text Amendment, Site Plan amendment, and Conditional Use Permit to allow a 350 -foot high Public Safety Communication Tower at the Hennepin County Adult Correctional Facility, 1145 Shenandoah Lane. The tower would replace the existing tower on this site. The Environmental Assessment Worksheet was completed on February 4, 1998, and the Council Approved City Council Minutes April 15, 1998 Page 16 determined there was no need for an Environmental Impact Statement. Director Hurlburt showed pictures of the proposed 350 foot high self- supporting tower. The tower would be galvanized gray and would support microwave and other antennas. A white flashing light would shine during the day with red flashing lights at night to meet the FAA requirements. The existing tower is 320 feet tall and 13 feet wide at the base. Director Hurlburt explained that this project is needed to provide a vital link in the county -wide and metro -wide public safety radio system, and it will serve as a network hub for the new Metro -Trak location monitoring system. The existing tower was built in 1969, does not meet current radio standards, and cannot support the new antennas based on load and rigidity requirements. She said that property owners within 1,320 feet of the site were notified of the project, with additional notice to property owners on the east side of Parkers Lake and across County Road 6. Director Hurlburt said that the following tower alternatives were discussed: co -locating with existing towers in Plymouth, use of existing County tower sites, locating on other public property, other locations on the Adult Correctional Facility property, and alternative tower designs (guyed versus self supporting). No feasible alternative locations were found. One alternative was to move the main tower to the City's public works garage site. The main tower would be a 420 foot guyed tower, with a guy cable radius of 273 feet. There would still be a 202 foot free-standing tower with 26 foot base width at the adult correctional facility site. This option is technically feasible, but it would occupy a lot of land at public works, would result in $1 million increased project cost, and would delay the regionwide 800 MHz project by 12 to 18 months. The second 202 -foot tower would still be visually significant at the adult correctional facility site. Director Hurlburt stated that another alternative is to construct two smaller towers at the adult correctional facility site. This would result in a 350' tower and a 280' tower, which would result in a worse visual impact than currently exists. There would also be an additional cost for this alternative. Director Hurlburt said that there are very limited alternatives for relocation on the site due to utilities, the driving range and the nursery. The only feasible alternative on-site location is near Vicksburg Lane and County Road 6. However, additional lighting would be needed due to the increased height of the tower, and the setbacks from the property line and nearby homes could not be met. The visual impact of the tower would be worse than the original plan for residents to the north and west. This alternative would also delay the 800 MHz project. Approved City Council Minutes April 15, 1998 Page 17 Director Hurlburt said that staff recommends approval of the project as requested. She noted a correction on the proposed ordinance and stated that the recommended resolution includes a requirement for a conditional use permit amendment if there is a future proposal to locate commercial antennas on the tower. This condition was suggested by Councilmember Johnson. City Manager Johnson stated that any of the alternatives resulting in a tower of 350 feet or higher would require additional lighting, and almost five acres would be needed for a guyed tower alternative. Pat McGowan, Hennepin County Sheriff, thanked the staff for their work on this item and requested approval of the request. Councilmember Bildsoe explained that he served as a member of the Plymouth Police Reserves for a number of years and the communication system is a major concern. It is his understanding that the proposed communication system will provide better service to the law enforcement community, but he has concerns about the visual impact of the tower near Parkers Lake and residential neighborhoods. He is also disappointed with the visual impact of the driving range on this site. He would consider tabling the issue for additional discussions with the county. Councilmember Black agreed that it is difficult to oppose this request because of the strong public safety need, but she also has concerns about the visual impact of the tower. She does not believe there are viable options, and she intends to offer an amendment requiring that if this system is redesigned in the future, the City should be included in discussions at a much earlier date to work to find a more suitable location for the tower. Since there are no feasible alternatives, she will support the request. Councilmember Preus asked the applicant if tabling the issue until June 5 would create a problem. Sheriff McGowan said that a tabling action would not be a problem, but they cannot face consistent delays. The existing communication system is antiquated, and there is a need to have a comprehensive system to coordinate communications in the nine -county metro area. He explained that this is a comprehensive communication system that will serve ambulance, fire, public works, and school buses, in addition to law enforcement. They do not oppose the additional condition suggested by Councilmember Johnson. Approved City Council Minutes April 15, 1998 Page 18 Roger Lawrence, 9300 Naper Street, was present on behalf of the applicant to answer any technical questions. Mayor Tierney asked if Mr. Lawrence anticipates future technology that would eventually eliminate the need for this tower. Mr. Lawrence doubted that there would be anything in the next 10 years which would eliminate the need for this type of tower. Councilmember Bildsoe asked if the option of co -locating the tower on an existing building, such as West Health or the Carlson Towers, was considered. Mr. Lawrence responded that the adult correctional facility site is unique because it is in the exact geographic center of the county and is the only viable location that can transmit to all sites in the county. He said that the US government wanted in excess of $1 million rent to co -locate on a building in another location, and there are no structures within a mile of the adult correctional facility that are tall enough. He said that a communication tower located on the Carlson Tower could only provide portable coverage in a small area and would not eliminate the need for a tower at the adult correctional facility site. In response to a question by Councilmember Bildsoe, Mr. Lawrence said that the 800 MZh service would be available for use by cities and schools. Pat Ujifusa, 1315 Harbor Lane, expressed concerns about the aesthetic impact of the tower on the Parkers Lake area. She said that City staff has known about the proposed tower for more than a year, but information was only recently shared with citizens. She said that staff originally called the project a replacement tower, but there will be a drastic visual change from the existing tower. Ms. Ujifusa said that she understands the need to upgrade the tower to improve emergency communications and to meet code requirements, but this location is not appropriate. She believes that the City public works site or State drivers testing site would be better suited for this use. Marsha Videen, 1151 Kingsview Lane, President of Friends of Parkers Lake, said that she has many concerns with this proposal because of the impacts on the adjacent residential area. She said that the zoning codes are designed to give property owners and buyers some assurance that the enjoyment, use, and value of their property will not be unfairly diminished by incompatible development. She explained that her home was marketed as having exceptional views on Parkers Lake, and a recent appraisal affirmed that the lake view is an amenity. She believes that the proposed tower will negatively impact property values and should be located in an industrial area. Approved City Council Minutes April 15, 1998 Page 19 Motion was made by Mayor Tierney, seconded by Councilmember Johnson, to suspend the rules and extend the adjournment time to 11:00 p.m. Motion carried, six ayes; Preus nay. Jim Helseth, 1215 Kingsview Lane, said that the proposed tower will be visually offensive. He supports an alternative location for the tower and asked why a second tower would be needed at the adult correctional facility if a tower were installed at the public works site. Mr. Lawrence responded that the two tower alternative would stop the project because it is not funded for a $1 million cost overrun. He explained that the second tower would be needed to support the microwave circuits required for the metro -track hub monitoring system and for data and telecommunications links for the adult correctional facility. Councilmember Johnson said that the Council is struggling with this issue and has tried to keep residents involved in the process through additional public notices on the project. Councilmember Bildsoe said that he is not trying to trivialize the importance of public safety; however, he is concerned about the visual impact of the proposal. He said that it feels the City of Plymouth was given very late notice of the proposed project by the County. Sheriff McGowan responded that county staff has been working with City officials for more than a year on the permitting process. The 800 MHz project began in 1989. This project will enhance portable radio coverage inside buildings, and this is important to medical, fire, and law enforcement personnel. In response to a question by Councilmember Black, Mr. Lawrence said that the county has been involved in the application process for this system for 18 to 24 months in various communities. Councilmember Black said that by the time the county started working with Plymouth staff, the tower locations in other communities had been established, which effectively locked -in the tower location in Plymouth. She would like to have been involved in the planning process long before the permit process was started. She said that the City Council is very restricted in its action due to the difficulty in weighing aesthetics with the health, safety, and welfare of 2.4 million people to be served by the new system. Approved City Council Minutes April 15, 1998 Page 20 Mr. Lawrence explained that it was the county's original intent to use the existing tower. It was learned during the design phase that it was not feasible to use the existing tower. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt amended ORDINANCE 98-11 AMENDING THE PLYMOUTH CITY CODE, BY AMENDING CHAPTER 21, ANTENNAS AND THE P -I, PUBLIC INSTITUTIONAL ZONING DISTRICT) (97155), RESOLUTION 98-254 APPROVING FINDINGS OF FACT FOR AMENDING SECTION 21175 AND 21650 OF THE PLYMOUTH CITY CODE (ANTENNAS AND PUBLICANSTITUTIONAL ZONING DISTRICT) (97155), and amended RESOLUTION 98-255 APPROVING CONDITIONAL USE PERMIT AND SITE PLAN AMENDMENT TO ALLOW INSTALLATION OF A 350 -FOOT PUBLIC SAFETY COMMUNICATION TOWER AND RELATED GROUND EQUIPMENT FOR HENNEPIN COUNTY SHERIFF'S OFFICE AT 1145 SHENANDOAH LANE (97155). Motion was made by Councilmember Black, seconded by Councilmember Johnson, to amend Resolution 98-255 to include the following condition: The Plymouth City Council shall be notified of any future redesign of the radio system so that options for removal of the tower from this site may be considered. Councilmember Johnson said that she wants to do everything possible to keep affected residents notified of any future changes. She would still like to pursue to public works site option. Motion to amend carried, seven ayes. Councilmember Preus supported the motion. He said that it is clear that there are no viable alternatives to achieve the enhanced communications. Councilmember Wold suggested that the items be separately voted. Vote on the ordinance carried, seven ayes. Councilmember Spigner expressed frustration that the Council was not involved on this issue earlier in the planning process. She said the City of Approved City Council Minutes April 15, 1998 Page 21 Plymouth has spent a lot of money to beautify the Parkers Lake area, and she apologized to the area residents that a better job wasn't done on this issue. She believes there are no feasible alternatives. Vote on the two resolutions carried, seven ayes. Item 8-1) Oppidan, Inc. PUD Amendment for "Plymouth Station" (97187) Community Development Director Hurlburt presented the staff report on the request of Oppidan, Inc., for Planned Unit Development Amendment for a master sign plan for "Plymouth Station" located at the southeast quadrant of Highway 55 and County Road 24. She explained that the adopted planned unit development contained a number of standards with respect to signs, in order to limit impacts from this development on the adjacent residential neighborhood. The requirements limited the wall signs in locations visible from residential areas, prohibited wall signs illuminated by a separate light source, prohibited back -lit awnings, prohibited inflatable advertising devices and searchlights, prohibited exposed neon tubing, specified the number and size of free-standing signs, and specified the size and letter height for wall signs. Director Hurlburt said that the applicant is requesting eight freestanding signs rather than the five approved signs, as well as an increase from 302 square feet to 416 square feet. Staff believes that the proposed area identification and freestanding signs are architectural enhancements to the project and the two signs at County Road 24 would provide a balanced gateway element. The area of the kiosk sign is measured differently and results in an increased sign area. She noted that if the project was not in a planned unit development, significantly more and larger signs would be allowed. She reported that the Planning Commission recommended that the sign at the Dunkirk entrance be reduced from 96 to 40 square feet and be an area identification rather a multi - tenant sign. Staff supports the size reduction, but could support allowing the sign to have tenant names rather than a project name. The developer proposed the sign in order to provide identification at Dunkirk Lane, and some tenants will be hidden by the berm. Director Hurlburt said that an additional wall sign on the east wall of the office building is requested due to the added entrance on that side. There are no related lighting changes and it would not be visible from the residential area. The applicant also requested an increase in size of the letter "b" on the Rainbow sign from 6 to 9 feet. She said that the sign ordinance does not specify letter height, but allows up to 10 percent. The requested plan is up to 7 percent. Staff recommends approval of the requests. Approved City Council Minutes April 15, 1998 Page 22 Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-256 APPROVING PUD GENERAL PLAN AMENDMENT FOR OPPIDAN, INC. FOR A MASTER SIGN PLAN FOR PLYMOUTH STATION LOCATED AT THE SOUTHEAST QUADRANT OF HIGHWAY 55 AND COUNTY ROAD 24 (97187), ORDINANCE 98-12 AMENDING CHAPTER 21 OF THE CITY CODE TO AMEND SECTION 21655.16 FOR PROPERTY LOCATED AT THE SOUTHEAST QUADRANT OF HIGHWAY 55 AND COUNTY ROAD 24 (97187), and RESOLUTION 98-257 APPROVING FINDINGS OF FACT FOR AMENDING THE ZONING ORDINANCE TEXT FOR PLYMOUTH STATION LOCATED AT THE SOUTHEAST QUADRANT OF HIGHWAY 55 AND COUNTY ROAD 24 (97187). Hans Hagen represented Hans Hagen Homes. He requested that the Council modify the resolution to allow "one monument with a 96 square foot sign not to exceed 10 feet in height and it shall be a multi -tenant sign." He said that this monument is important because this is a major entrance, and two buildings are hidden behind the berm. Director Hurlburt said the Planning Commission recommended that this be an area identification sign with only the project name. The applicant is requesting a freestanding sign with multi -tenant names. Councilmember Spigner asked for the staff recommendation on the request. Director Hurlburt said that staff initially recommended approval of the sign as requested by the applicant. Staff believes it is appropriate to have the tenant names on the signs because the buildings will be hidden from the roadway by the berm. In response to a question by Councilmember Spigner, Mr. Hagen explained that the County had initially not permitted full access to County Road 24 from the project. However, they agreed to allow access if a significant entrance was installed at Dunkirk Lane and County Road 24. He believes that the monument sign is a part of that commitment to make this a significant entrance. Approved City Council Minutes April 15, 1998 Page 23 City Manager Johnson said that Mr. Hagen's premise is correct; however, signage details were never discussed. He believes the Council has discretion in considering the monument request. Councilmember Bildsoe asked about the type of traffic on northbound Dunkirk Lane, since local traffic may not need the additional signage. Public Works Director Moore said that it would mostly be local traffic. The County wants the location known as an entrance, and he agreed that the Council has discretion in considering the request. He added that this entrance will also need to be signed for "no trucks". Councilmember Johnson said that this location is also the gateway to the residential neighborhood. She asked how truck traffic will be restricted. Mr. Hagen said that truck traffic will be restricted by the street design. He said the Planning Commission did not want a multi -tenant sign, but one is needed in order to lease space in the two buildings hidden by the berm. Councilmember Johnson suggested that the smaller sign be allowed with the identification of tenants. Mr. Hagen said that the 96 foot square sign would be in scale with the project. Motion to amend was made by Councilmember Preus, seconded by Councilmember Spigner, to move paragraph 17d to 18d and to allow one monument with a 96 square foot sign not to exceed 10 feet in height and shall be a multi -tenant sign. Councilmember Black recalled that the Dunkirk Lane/Medina Road entrance was not going to be a major entrance to the site. Director Hurlburt explained that the Dunkirk Lane/Medina Road entrance issue was raised during the initial discussions with the county on the County Road 24 curbcut. The county did not want the entrance disguised or hidden. She said that the monument sign would be the only sign visible along the entire length of Medina Road. She believes that the day care center needs to be identified because it will blocked from view from all directions. Councilmember Johnson said that the day care will have local and repeat traffic, and signage is not needed from the road. She believes that tenant names can be added to a smaller sign. Approved City Council Minutes April 15, 1998 Page 24 Amendment failed: Preus, Spigner, and Tierney ayes; Wold, Johnson, Black, and Bildsoe nays. Motion to amend was made by Councilmember Preus, seconded by Councilmember Spigner, to move paragraph 17d to 18d and to allow one monument with a 72 square foot sign not to exceed 10 feet in height and shall be a multi -tenant sign. Amendment carried: Preus, Spigner, Bildsoe, and Tierney ayes; Black, Wold, and Johnson nays. Councilmember Johnson expressed concern about the proposed size of the Rainbow lettering. She believes that the 24-hour per day operation and signage will bother residents. Director Hurlburt explained that the proposed resolution would approve the plan which includes the Rainbow wall sign. The City's sign ordinance addresses area of wall signs; it does not limit letter height. The proposed Rainbow sign is below what the standard sign ordinance would allow. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to call the question and vote on the issues separately. Motion carried, seven ayes. Vote on Resolution 98-256 carried, six ayes; Johnson nay. Vote on Ordinance 98-12 carried, six ayes; Johnson nay. Vote on Resolution 98-257 carried, six ayes; Johnson nay. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to suspend the rules and extend the adjournment time to 11:30 p.m. Motion carried, six ayes; Preus nay. Item 8-E Request to Amend Condition of Shared Driveway in Golfview Woods Community Development Director Hurlburt presented the staff report on the request of James and Lainie Stewart to amend Resolution 97-117 to delete the requirement for a shared driveway. She said the property is located on Old Rockford Road, east of Dunkirk Lane. One of the conditions of the previous lot division approval was that the owner of the newly created parcel fmd a way to share a driveway with the property owner to the east -- Mr. Hyduke. The Stewarts have purchased the newly created lot and are requesting that the requirement be removed. The City wants to limit the number of driveways on Approved City Council Minutes April 15, 1998 Page 25 a road of this type for traffic safety reasons. The roadway has a curve and a relatively high rate of traffic speed. Director Hurlburt said that an agreement for the shared driveway, between the individual who received the lot division approval and Mr. Hyduke, should have been executed and recorded prior to the recording of the lot division; however, this was not done. The Stewarts have applied for a building permit, but staff will not issue a building permit until this requirement is met. The staff recommendation is to find an alternative for the City to work with the property owners to achieve a joint driveway, rather than eliminating the condition. If the situation cannot be resolved, staff could be directed to prepare necessary documents to condemn the existing driveway and require a shared driveway at the common property line. The Stewarts would pay all costs of the condemnation, which is estimated at less than $10,000. It is the City's understanding that the Stewarts had originally agreed to pay up to 20,000 to achieve the shared driveway. Director Hurlburt also presented an alternative resolution to delete the shared driveway requirement. Councilmember Preus said that it is sometimes difficult to assess safety impacts. He asked staff to comment on the impact of allowing an additional driveway on this road. Director Hurlburt responded that every additional driveway creates a new point where traffic can enter and leave the road and a greater potential for conflict points for accidents to occur. On roadways with higher speeds and heavier traffic, the number of accesses should be limited for safety reasons. She said there is potential for additional driveways along County Road 9 due to future lot divisions. The shared driveway requirement was a condition of the lot division approval and was known to the Stewarts when they purchased the lot. Mayor Tierney supported limiting the number of driveways on County Road 9, but has concerns about using a condemnation process. Director Hurlburt said that condemnation would not have been necessary if the individual who received approval for the lot division from the City had followed through with the commitments. It is unusual to use a condemnation process, but the purpose is to eliminate one driveway and create a shared driveway. She said that as an alternative, the City can insist upon enforcement of the requirement by the property owner. Approved City Council Minutes April 15, 1998 Page 26 Councilmember Johnson suggested that two driveways could be installed at the property line, rather than a joint driveway, and no litigation or condemnation would be required. Director Hurlburt said that the City cannot require Mr. Hyduke to remove and relocate his driveway except through condemnation. Public Works Director Moore said the condemnation would be only temporary for construction purposes. There would be no permanent taking of property. In response to a question by Mayor Tierney, Director Hurlburt said that a house existed on the parcel directly to the east of the new lot at the time the lot division was requested. The City informed the developer that the lot could be divided if the adjacent property owner would agree to a joint driveway. The applicant indicated that they had such an agreement with Mr. Hyduke, the adjacent property owner. Nick Hyduke, 16300 Old Rockford Road, said that in 1996 Mary Weinzerl approached him and offered to give him $20,000 plus the cost of removing his existing driveway and reconnecting to the shared driveway. He had concerns with the proposal at the time. He believes that the shared driveway would decrease the value of his property, and he does not wish to maintain an additional length of driveway. Also, his garage is a drive-through and the turn approach would be difficult with a shared driveway plan. Mr. Hyduke said that in October he presented his concerns in a document which the Stewarts received prior to purchasing their property. Mr. Hyduke said that landscaping which he installed with his original driveway would conflict with the new shared driveway plan. He also has potential concerns about the quality of workmanship of the new driveway and with relocation of the underground sprinkler system. He said that Mary Weinzerl presented him with several proposed agreements prior to the Stewarts involvement in the property, and when Ms. Weinzerl sold the newly created parcel to the Stewarts, she told the Stewarts to negotiate the driveway directly with Mr. Hyduke. Councilmembers asked if Mr. Hyduke has signed any agreement for a shared driveway. Mr. Hyduke responded that he has signed no agreement. He added that if separate driveways are allowed in this situation, he may be interested in subdividing his lot and will request additional driveways. Approved City Council Minutes April 15, 1998 Page 27 Councilmember Johnson said that Mr. Hyduke has expressed valid concerns about the proposed shared driveway. However, approval of separate driveways for this situation would not automatically give Mr. Hyduke permission to add driveway accesses to his property in the future. She does not view approval of this separate driveway as a precedent. Motion was made by Councilmember Wold, seconded by Councilmember Johnson, to suspend the rules and set the adjournment time for 11:45 p.m. Motion carried, seven ayes. James Stewart, 1774 Kirkwood Lane, requested that the Council delete the shared driveway requirement. He does not believe that sight distance is a safety concern at this access point. He said that shared driveways can result in problems between neighbors, and it was always his intention to request a separate access to the property. If they are unable to obtain a separate access, then they had a proposed agreement for shared access with Mr. Hyduke. Mr. Stewart said that Mr. Hyduke subsequently added things to the draft agreement. When the Stewarts applied for a building permit, Mr. Hyduke notified the City that he had never agreed to a shared driveway. Mayor Tierney asked if the Stewarts had signed a document indicating they would pay $20,000 to the adjacent property owner. Mr. Stewart said that it was indicated on his purchase agreement with Mary Weinzerl; however, Ms. Weinzerl knew that the Stewarts intended to request their own access. Councilmember Johnson asked if any agreement was created between the property owners when the Stewarts agreed to pay $20,000 for the shared driveway in the purchase agreement with Mary Weinzerl. City Attorney Knutson responded no. Councilmember Spigner expressed concern about how this entire situation transpired because the applicant for the lot division did not follow through with commitments after the City Council approved the lot division. Director Hurlburt said that it was a staff oversight that the signed agreement was not provided at the time the lot division was recorded. It was not discovered until the building permit was requested. Approved City Council Minutes April 15, 1998 Page 28 Motion was made by Councilmember Johnson, seconded by Councilmember Wold, to suspend the rules and extend the adjournment time to 12:00 midnight. Motion carried, six ayes; Preus nay. Motion was made by Councilmember Johnson, seconded by Mayor Tierney, to adopt RESOLUTION 98-258 AMENDING RESOLUTION 97-117 FOR LOT DIVISION OF LOT 3, BLOCK 1, "GOLFVIEW WOODS" TO REMOVE A REQUIREMENT THAT PARCEL A SHARE A DRIVEWAY WITH THE PROPERTY TO THE EAST (96191). Councilmember Johnson said that the applicant for the lot division failed to provide the City with the signed agreement, and the City failed to require the proper documents prior to recording of the lot division. The agreement should have been resolved prior to the purchase agreement on the newly created lot. She believes that these are unusual circumstances and the problem can be resolved by eliminating the requirement for a shared driveway. Councilmember Spigner said that it was the intent of the applicant for the lot division and of the Stewarts to not follow the City Council's shared driveway requirement. Councilmember Preus said that Mr. Stewart purchased the property knowing about the shared driveway requirement but hoped that he could request that the City change the requirement. He suggested that the issue should be the safety impacts of having two access points on County Road 9 at this location. Mayor Tierney doubted that one additional driveway would have a significant impact on traffic safety; however, it could set a precedent for similar future requests which could result in a safety problem. In response to a question by Councilmember Bildsoe, Director Moore said that this location would meet the state standards on sight distance for the posted speed limit. Councilmember Bildsoe said that he does not believe it is worthwhile to use condemnation to create a shared driveway in this situation. Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to call the question. Motion failed: Wold, Johnson, and Spigner ayes; Preus, Black, Bildsoe, and Tierney nays. Approved City Council Minutes April 15, 1998 Page 29 Councilmember Preus said that he voted against the motion for the procedural reason that it is inappropriate for a member to speak to an issue and then call the question. Mayor Tierney asked Attorney Knutson to comment on the precedent that would be set by approving the request. Attorney Knutson said that these types of situations have little legal precedence but could have policy precedence for the City Council when trying to treat future requests equally. Councilmember Johnson said that she believes it is unnecessary to require the Stewarts to pay the legal costs for condemnation. Motion carried, five ayes; Spigner and Black nays. Item 8-F (6-Q) Preliminary Engineering Report on Ferndale Road, Project 6007 Councilmember Wold said that the Ferndale Road project is an important issue for the cities of Plymouth and Orono. He noted that Orono has already made a motion committing to a road design, which limits the flexibility for the Plymouth Council. About a year ago, he had requested a joint meeting, and he still believes that a joint meeting is needed. Motion was made by Councilmember Wold, seconded by Councilmember Spigner, to adopt RESOLUTION 98-259 RECEIVING PRELIMINARY ENGINEERING REPORT, FERNDALE ROAD - COUNTY ROAD 6 TO STATE HIGHWAY 12, CITY PROJECT NO. 6007. Councilmember Preus agreed that a joint meeting should be held and clarified that all roadway options are still available for discussion. Adoption of the Preliminary Engineering Report does not limit the Council to the three options in the Report. Motion was made by Councilmember Black, seconded by Councilmember Johnson, to suspend the rules and to extend the meeting to 12:10 a.m. Motion carried, seven ayes. Mayor Tierney said that the Orono and Plymouth staffs have met to discuss the Ferndale Road Preliminary Engineering Report. Councilmember Spigner said she would like the joint meeting held as soon as possible. Approved City Council Minutes April 15, 1998 Page 30 Motion to amend was made by Councilmember Preus, seconded by Councilmember Spigner, to direct staff to arrange a joint meeting of the Orono and Plymouth City Councils as soon as possible. The amendment was accepted as a friendly amendment and incorporated into the main motion. Motion carried, seven ayes. Item 8-G (6-T) Purchase of Truck Chassis with Street Flusher Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to postpone to the next council meeting the approval for purchase of a truck chassis with street flusher. Motion carried, seven ayes. Councilmember Preus noted that the only remaining agenda item requiring action tonight is Item 9-A. Motion was made by Councilmember Preus, seconded by Councilmember Johnson, to amend the agenda to consider Item 9-A. Motion carried, seven ayes. Item 9-A Review Draft of Activity Center/Field House Brochure Assistant Manager Lueckert said staff is on a tight timeline to finalize the brochure on the Activity Center/Field House project in order to get it to the public in adequate time before the May 19 election. She said that Councilmembers have requested additional information in the brochure on operating costs and why the proposed site was selected. Councilmember Johnson expressed concern that some of the questions raised about the project are not answered in the brochure, such as why the high school site or other downtown Plymouth site was not selected. Councilmember Preus said that there is a lot more information that could be provided in the brochure, but staff did a good job in providing the information in an unbiased manner. He fears that due to the short timeline, voters are not going to get the opportunity to fully understand the issues involved. Motion was made by Councilmember Johnson, seconded by Councilmember Preus, to suspend the rules and extend the meeting to 12:15 a.m. Motion carried, seven ayes. City Manager Johnson invited Councilmembers to submit changes to the brochure. Approved City Council Minutes April 15, 1998 Page 31 Assistant Manager Lueckert said that the brochure must be final by Monday to ensure that it is provided to the post office in sufficient time for delivery to residents before the election. Motion was made by Councilmember Wold, seconded by Councilmember Black, to approve the conceptual design of the Activity Center/Field House brochure. Motion carried, seven ayes. Item 8-H (6-X) Transfer of Funds for Ice Center Project Councilmember Preus said that the final costs for the ice center project were 1 million more than was estimated in September 1996. Mayor Tierney said that the City should have contingency funds on future projects. Motion was made by Councilmember Wold, seconded by Councilmember Johnson, to adopt RESOLUTION 98-260 TRANSFERRING FUNDS FROM PROJECT ADMINISTRATION FUND TO GENERAL CAPITAL PROJECTS FUND FOR ICE CENTER PROJECT NO. 5041. Motion carried, seven ayes. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adjourn the meeting at 12:15 a.m. Motion carried, seven ayes. Lauhe Ahrens City Clerk