Loading...
HomeMy WebLinkAboutCity Council Minutes 09-16-1998Adopted Minutes Regular Council Meeting September 16, 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, 3400 Plymouth Blvd., on September 16, 1998. Mayor Tierney asked for a moment of silence in memory of former Police Sergeant Ron Foreman. COUNCIL PRESENT: Mayor Tierney; Councilmembers Johnson, Preus, Spigner, Black, Bildsoe, and Wold. 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. 3 Forum No one appeared for the Plymouth Forum. 4.1 Proclamation of Pollution Prevention Week Councilmember Black read a proclamation of Pollution Prevention Week. 4.2 Firefighters Oath of Office Fire Chief Kline introduced Brian Brand, Jason Hukriede, Heather Ruzick, Rodney Berg, and Steven Farnsworth. City Clerk Ahrens administered their oaths of office and fire officers presented their badges. 4.3 West Medicine Lake Community Club Councilmember Spigner announced that the West Medicine Lake Community Club has celebrated its 50'' anniversary. She recognized the Club's 50 years of service to the community. 4.4 Autumn Arts Fair Park Director Blank invited residents to attend the Autumn Arts Fair. 4.5 Bond Rating Councilmember Bildsoe announced that the City's Aaa bond credit rating has been armed by Moody's Investment Service, largely due to the City's strong financial position and economic base, and manageable debt burden. Less than 100 cities, states, or counties in the country have a Aaa rating. Adopted City Council Minutes September 16, 1998 Page 2 5 Approve Agenda Mayor Tierney requested the addition of Item 9. 1, Council participation in Plymouth on Parade. Councilmember Bildsoe requested addition of Item 9.2, Plymouth Fire Department. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to approve the agenda as amended. Motion carried, seven ayes. 6 Consent Agenda Items 6.6, 6. 10, and 6.18 were removed from the Consent Agenda. A new resolution was added for consideration on Item 6.18, and a revised resolution was presented on Item 7.1. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to approve the Consent Agenda as amended. Motion carried, seven ayes. 6.1 Approve Disbursements Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-553 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING SEPTEMBER 4,1998. Motion carried, seven ayes. 6.2 Tobacco License for Doolittles Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-554 APPROVING TOBACCO LICENSE FOR CLIFF CORPORATION D/B/A DOOLITTLES,15655 34"I AVE. N. Motion carried, seven ayes. 6.3 Establish October 14 as Special Council Meeting Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to establish Wednesday, October 14, 1998 as a Special City Council meeting to meet with human service agencies receiving city funding. Motion carried, seven ayes. 6.4 Encroachment Agreement for Deck Construction at 3410 Zircon Lane N. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-555 APPROVING ENCROACHMENT AGREEMENT FOR DECK CONSTRUCTION AT 3410 ZIRCON LANE NORTH. Motion carried, seven ayes. Adopted City Council Minutes September 16, 1998 Page 3 6.5 Encroachment Agreement for Deck Construction at 12965 12" Avenue N. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-556 APPROVING ENCROACHMENT AGREEMENT FOR DECK CONSTRUCTION AT 1296512TH AVENUE NORTH. Motion carried, seven ayes. 6.7 Innsbrook Investments, Inc., Cub Foods (98141) Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-557 APPROVING A SITE PLAN AMENDMENT AND MINOR VARIANCE FOR A PARKING LOT EXPANSION AT CUB FOODS LOCATED AT 3600 VICKSBURG LANE NORTH (98141). Motion carried, seven ayes. 6.8 Russell and Renee O'Dell, Conditional Use Permit (98148) Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-558 APPROVING A CONDITIONAL USE PERMIT FOR AN EIGHT -FOOT FENCE ON PROPERTY LOCATED AT 12325 29TH AVENUE NORTH (98148). Motion carried, seven ayes. 6.9 1998 Weed Eradication and Destruction, Roll 1 Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-559 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 1998 WEED ERADICATION AND DESTRUCTION, ROLL 1. Motion carried, seven ayes. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-560 FOR PUBLIC HEARING ON PROPOSED ASSESSMENT, 1998 WEED ERADICATION AND DESTRUCTION, ROLL 1. Motion carried, seven ayes. 6.11 Plymouth Covenant Church, Site Plan Amendment (98139) Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-561 APPROVING A SITE PLAN AMENDMENT FOR PLYMOUTH COVENANT CHURCH LOCATED AT 4300 VICKSBURG LANE (98139). Motion carried, seven ayes. Adopted City Council Minutes September 16, 1998 Page 4 6.12 Border States Electric Supply (98134) Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-562 APPROVING A SITE PLAN AMENDMENT AND CONDITIONAL USE PERMITS FOR BORDER STATES ELECTRIC SUPPLY LOCATED AT 2100 NIAGARA LANE NORTH (98134). Motion carried, seven ayes. 6.13 Reduction in Required Financial Guarantee Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-563 REDUCING REQUIRED FINANCIAL GUARANTEE, PLYMOUTH TECHNOLOGY PARK (91031). Motion carried, seven ayes. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-564 REDUCING REQUIRED FINANCIAL GUARANTEE, ROUNDS ADDITION (95035). Motion carried, seven ayes. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-565 REDUCING REQUIRED FINANCIAL GUARANTEE, FERNBROOK WOODS 3" ADDITION 96057). Motion carried, seven ayes. 6.14 Change Order 1, 1998 Street Reconstruction Project Phase I, Project 8001 Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-566 APPROVING CHANGE ORDER NO. 1, 1998 STREET RECONSTRUCTION PROJECT --PHASE I, CITY PROJECT NO. 8001. Motion carried, seven ayes. 6.15 Agreement for Transit Capital Financial Assistance Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-567 GRANT AGREEMENT NO. SG- 98—PF-93 BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF PLYMOUTH FOR THE CONSTRUCTION OF BUS SHOULDER LANES ALONG T.H.169 BETWEEN 36TH AVENUE NORTH AND T.H. 55. Motion carried, seven ayes. Adopted City Council Minutes September 16, 1998 Page 5 6.16 Implementation of Extended Service Hours for Plymouth Metrolink Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-568 APPROVING THE IMPLEMENTATION OF EXTENDED SERVICE HOURS FOR PLYMOUTH METROLINK ROUTES 91, 92, AND 93, EFFECTIVE DECEMBER 19,1998. Motion carried, seven ayes. 6.17 Special Assessments, City Project No. 7006, East Medicine Lake Blvd. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-569 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, EAST MEDICINE LAKE BOULEVARD IMPROVEMENTS, CITY PROJECT NO. 7006. Motion carried, seven ayes. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-570 FOR HEARING ON PROPOSED ASSESSMENT, EAST MEDICINE LAKE BOULEVARD IMPROVEMENTS, CITY PROJECT NO. 7006. Motion carried, seven ayes. 6.19 Bigos Management Inc. Site Plan Amendment (98151) Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-571 APPROVING SITE PLAN AMENDMENT TO ALLOW CONSTRUCTION OF A SWIMMING POOL AT OAKWOOD APARTMENTS, 1760014TH AVENUE NORTH (98151). Motion carried, seven ayes. 6.20 1998 Removal and Destruction of Diseased Trees, Roll I Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-572 DECLARING COST GO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 1998 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL I. Motion carried, seven ayes. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-573 FOR PUBLIC HEARING ON PROPOSED ASSESSMENT, 1998 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL I. Motion carried, seven ayes. 7.1 Off—Sale Intoxicating Liquor Application for Four Seasons Liquor II, Inc. City Clerk Ahrens presented the staff report on the application of Four Seasons Liquor II Inc., for an off -sale intoxicating liquor license at 4232 Lancaster Lane. Adopted City Council Minutes September 16, 1998 Page 6 Mayor Tierney opened the public hearing at 7:25 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-574 APPROVING OFF—SALE INTOXICATING LIQUOR LICENSE AND TOBACCO LICENSE FOR FOUR SEASONS LIQUOR II, INC., 4232 LANCASTER LANE. Motion carried, seven ayes. 7.2 Vacations in Prime West Business Park and Schiebe's Highland View Addition Public Works Director Moore presented the staff report on the vacation of drainage and utility easements and Gaylord Avenue right-of-way in Outlot B, Prime West Business Park and Schiebe's Highland View Addition. Mayor Tierney opened the public hearing at 7:27 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-575 AUTHORIZING THE VACATION OF A DRAINAGE AND UTILITY EASEMENT WITHIN OUTLOT B -- PRIME WEST BUSINESS PARK. Motion carried, seven ayes. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-576 DENY THE VACATION OF GAYLORD AVENUE STREET RIGHT-OF-WAY, SCHIEBE'S HIGHLAND VIEW ADDITION AND OUTLOT B, PRIME WEST BUSINESS PARK. Motion carried, seven ayes. 7.3 Vacation of Easements in Bass Creek Business Park Additions Public Works Director Moore presented the staff report on the proposed vacation of drainage and utility easement for ponding, drainage, and utility easements in Bass Lake Corporate Center Addition, Bass Creek Business Park, Bass Creek Business Park 2"d, and Bass Creek Business Park 3`d Additions. Mayor Tierney opened the public hearing at 7:30 p.m. No one appeared, and the hearing was closed. Adopted City Council Minutes September 16, 1998 Page 7 Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-577 AUTHORIZING THE VACATION OF PART OF THE DRAINAGE EASEMENT FOR PONDING PURPOSES IN BASS LAKE CORPORATE CENTER ADDITION, BASS CREEK BUSINESS PARK ADDITION, BASS CREEK BUSINESS PARK 2ND ADDITION, BASS CREEK BUSINESS PARK 3RD ADDITION. Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-578 AUTHORIZING THE VACATION OF THE DRAINAGE AND UTILITY EASEMENT WITHIN BASS LAKE CORPORATE CENTER ADDITION, BASS CREEK BUSINESS PARK ADDITION, BASS CREEK BUSINESS PARK 2ND ADDITION AND BASS CREEK BUSINESS PARK 3" ADDITION. Motion carried, seven ayes. 7.4 Assessment Hearing, 1997 Street Reconstruction Program (Harbor Lane) Project 7001 Mayor Tierney described the purpose of the assessment hearing and the notice provided. Public Works Director Moore stated this project is proposed to be assessed in accordance with the City's Street Reconstruction Policy. Earlier this year, the Council amended the policy with regard to multi -family units, and the assessments have been modified to reflect that change. He described the proposed assessment rates. About 22 percent of the total project cost is proposed to be assessed. He said that if any property owner wishes to maintain their right to appeal the assessment, they must submit a written objection by the end of this hearing. A letter of objection has been received from WHPX-S Real Estate Limited Partnership for four properties. Mayor Tierney opened the assessment hearing at 7:35 p.m. No one appeared and the hearing was closed. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-579 ADOPTING ASSESSMENTS, CITY PROJECT NO. 7001,1997 STREET RECONSTRUCTION PROGRAM. Motion carried, seven ayes. 8.01 (6.10) General Obligation Tax Increment and Housing Improvement Bonds Finance Director Hahn presented the staff report on the recommended award of General Obligation and Housing Improvement Bonds. He recommended award Adopted City Council Minutes September 16, 1998 Page 8 of the bond sale and introduced Dave McGillvray of Springsted, Inc., who was present to answer questions. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 98-580 AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $2,900,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1998A. Motion carried, seven ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 98-581 AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF TAXABLE GENERAL OBLIGATION HOUSING IMPROVEMENT BONDS, SERIES 1998B. Motion carried, seven ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 98-582 SUPPLEMENTAL RESOLUTION RELATING TO $2,900,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1998A. Motion carried, seven ayes. 8.02 (6.6) Plymouth Ponds Development, Request for Outdoor Storage (98125) Community Development Director Hurlburt presented the staff report on the request of Plymouth Ponds Development for a conditional use permit for the outside storage/parking of semi -trailers at 3555 Holly Lane, Building 1 of Plymouth Ponds Industrial Park (north of Medina Road and west of Holly Lane). She said the proposal is to designate two areas behind Building 1 to allow the storage of semi trailers for a period exceeding 96 hours, which is considered outdoor storage. If a semi -trailer is parked less than 96 hours, it is not considered outdoor storage. The Planning Commission held a public hearing on this item and no one spoke to the issue. The Planning Commission recommended additional conditions which have been incorporated in the proposed resolution. She said there has been some history of complaints regarding outdoor storage in this industrial park, and this is an attempt by the owner to resolve the issue of outdoor storage with respect to the parking of semi -trailers for a period longer than 96 hours. Councilmember Preus asked if there was a change in the City's Zoning Ordinance which affected the outdoor storage issue. Adopted City Council Minutes September 16, 1998 Page 9 Director Hurlburt responded that the ordinance has not substantively changed. The new Zoning Ordinance attempted to clarify the semi -trailer parking issue with regard to outdoor storage. Councilmember Spigner asked staff to explain why the planned unit development requirements no longer apply to this project. Director Hurlburt said this project was approved as a planned unit development PUD) under the former Zoning Ordinance. When the new zoning ordinance was adopted, the property was placed in a regular industrial zoning district of I-1. The original development plan had a condition that there could be no outdoor storage on the site but that did not prohibit the applicant from requesting a change in the future. Councilmember Johnson noted that the if the PUD were in effect, it would require a 5/7 vote of the Council to approve a change in the conditions. This request would require only a 4/7 vote. She noted that the City Council has received a letter from Gregory Katchmark regarding the issue. Councilmember Preus asked about pending enforcement proceedings relating to the site, and whether complaints relate to noise or other ordinance violations. Director Hurlburt responded that there is one pending complaint on violation of the prohibition on outdoor storage because there is no conditional use permit in effect. She said that to her knowledge no noise complaints have been received. Greg Katchmark, 3475 Holly Lane, presented a letter in opposition to the request. He described the history of the development and said the developer never met many of the requirements relating to NURP ponds and illegal storage. He said that snowplows, flashing lights, street sweepers, Star Tribune trucks, and illegal outside storage at Buildings 2 and 3 are a nuisance on the site. Mr. Katchmark said the developer is in the preliminary stages of planning the adjacent development, and he suggested that they include their outdoor storage along the highway, rather than adjacent to the residences. Dan McCarthy, 3455 Holly Lane, said this is an issue of trust and he has concerns about the facts that have been presented by staff. He said that citizens had a number of concerns regarding this development and prior to construction, there were understandings reached between the citizens, the Council, and the developer. Those understandings were included in the resolution approving the development which limited the number of docks and prohibited outside storage anywhere in the development. Adopted City Council Minutes September 16, 1998 Page 10 Mr. McCarthy stated the developer subsequently requested approval for additional buildings. At the request of the City, residents met with the developer and the City and came to the understanding that all conditions previously approved for the project would be met. In the resolution approving development of the fourth building, the Council reaffirmed that outside storage was prohibited anywhere in the development. In subsequent correspondence, there was a commitment made by the developer to the City and citizens, and there has not been compliance with those commitments. Mr. McCarthy said that there were 33 police calls to this property including assault, burglary, damage to property, and theft. He said that the Community Development Department needs to represent the interests of all parties; not only the developer. Mayor Tierney questioned why no residents attended the Planning Commission public hearing on this request. Mr. McCarthy said residents are very busy, and they didn't think they would have to appear at the hearing in order for the prior commitment to be fulfilled. Mike Leuer, 3600 Holly Lane, represented Moen Leuer and Plymouth Ponds. He said they have tried to work with the staff and the Council on issues relating to Plymouth Ponds. He said that Plymouth Ponds Business Park has received rave reviews from developers. The business park pays $1 million in taxes when it is fully assessed. He believes that the developer has been accused of many things and has been harassed by the residents south of Highway 55. He described the request to allow six storage trailers which would be totally screened from residences. Mr. Leuer said that residents have referenced 33 police reports; however, ten of the reports relate to youth damaging property during construction, and there have been thefts at the businesses. Brad Moen, 3600 Holly Lane, said the area residents have said things that are untrue. The police reports have typically related to car vandalism. He was unaware that a semi -trailer parked longer than 96 hours was outside storage. Mr. Moen said that only one or two tenants in the park have a need to park a trailer for longer than 96 hours during their busy seasons, and this application was submitted following meetings with the City Attorney and staff. He said the NURP ponds have been inspected and approved. Councilmember Spigner asked for clarification on whether the City Attorney helped draft the proposed resolution. Director Hurlburt responded that prosecutions have occurred over the past few months regarding the outdoor storage issue. The meetings referenced by Mr. Moen relate to meetings with the City Attorney to discuss the complaints that Adopted City Council Minutes September 16, 1998 Page 11 have been made regarding outdoor storage. During the meetings to discuss the violations, it was identified that the reason they were being cited was the lack of a conditional use permit to allow the outdoor storage. Councilmember Spigner asked why the building closest to Highway 55 was not selected as the site for the requested outdoor storage. Mr. Moen said the selected site was deemed to be the most screened building in the park, even though it is closest to the residences. He asked when parked trailers became outside storage in an industrial park. Director Hurlburt explained that that language in the prior zoning ordinance referenced "safekeeping of vehicles" as outdoor storage. Another provision in the ordinance referred to a time limit on vehicle parking, beyond which it became outdoor storage. The new zoning ordinance clarified the prohibition. The presence of a semi -trailer does not constitute outdoor storage; it only becomes outdoor storage when it remains parked for 96 hours. Councilmember Johnson asked if Mr. Moen has advised his tenants that outdoor storage is prohibited. Mr. Moen responded that his tenants have been advised that outdoor storage is prohibited, but they were unaware that the parking of trailers was considered outdoor storage. He said that substantial conditions have been placed on the buildings due to the new Zoning Ordinance. He believes the conditions are more restrictive than the previous PUD. Mr. Moen said that about 35 percent of Plymouth Ponds is office space and there is not a truck problem. He believes the requested storage area would be more than sufficient as there are only three tenants who may use the area. In response to questions by Councilmember Preus, Mr. Moen said that the proposed site provides the best screening, the site would potentially be used by tenants from any of the four buildings, and no refrigerated trucks would be running at night. He said that Building 4 has a truck turn -around and truck parking in this location would block dock doors. He said that trailers could be parked for up to 14 days and would have to register in order to use the parking on a seasonal basis. Director Hurlburt stated there are other places on the site near Buildings 2 and 3 where the parking could occur, but it would not be screened and would be seen from Medina Road. She said that there have been recent complaints about the outdoor storage issue. Staff has followed up on the complaints and documented some violations. She recalled that most of the calls for police service were from Adopted City Council Minutes September 16, 1998 Page 12 tenants of the industrial park; not calls from the abutting neighbors about the industrial park. Director Hurlburt said that the I-1 Zoning District classification placed additional requirements on the development. Even though conditions were in the original approving resolution, tenants and uses change, and there is a public process to request revisions to conditions. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to direct the City Attorney to draft reasons for denial of the conditional use permit request for consideration at the next Council meeting. Councilmember Bildsoe said that when this development was originally approved, outdoor storage was not allowed. While the applicant has the right to request a change in the conditions, he doesn't believe the change should be granted based on Item 3 in the conditional use permit standards: "The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood." Councilmember Bildsoe said that Mr. Moen should have advised his tenants that outside storage is not allowed. This is a unique site because it is so near residential properties. Councilmember Black said the application also does not meet Item 2 in the conditional use permit standards: "The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort." She said this industrial site is very near the adjacent residences, and there have been problems with similar truck parking at Topaz Trucking. Councilmember Wold said that he initially voted against this development. Since the development was constructed, he believes that the developer has been unfairly characterized and has gone to great lengths to address issues raised by the neighbors. He noted that the tenants could park semi trailers throughout the site for periods of less than 96 hours and meet the ordinance requirements. He believes it would be preferable to have the trailers parked in a screened area of the site. Councilmember Preus asked the City Attorney whether the developer or tenant could legally park a semi trailer for less than 96 hours, then move it to another area for parking. Attorney Knutson said that there would be no violation unless the vehicle was parked for more than 96 hours in one location. Adopted City Council Minutes September 16, 1998 Page 13 Councilmember Preus said that he has no concerns about the applicant meeting the conditional use permit standards. He does not believe that granting the conditional use permit would result in negative impacts on the neighborhood, given the conditions recommended by the Planning Commission of no idling motors and a maximum of six trucks with a limit of 14 days. Councilmember Spigner expressed concern about the request because it is similar to the Topaz Trucking situation. She noted that once the Council approves the conditional use permit, it goes with the land and cannot be revoked. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to call the question. Motion carried: Bildsoe, Spigner, Black, and Preus ayes; Johnson, Wold, and Tierney nays. Main motion carried: Johnson, Spigner, Black, Bildsoe, and Tierney ayes; Preus and Wold nays. Motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to suspend the rules and allow a speaker to have two additional minutes. Motion carried: Bildsoe, Johnson, Spigner, Black, and Tierney ayes; Preus and Wold nays. Mr. McCarthy, 3455 Holly Lane, referenced a City staff memo dated September 11, 1996, which addressed the issue of semi -trailers as outside storage. 8.1 Gary Brakke, Variance to Allow Fence at 4350 Jewel Lane North (98133) Community Development Director Hurlburt presented the staff report on the request of Gary Brakke for a variance to allow a four -foot high fence in the front yard at 4350 Jewel Lane North. The fence is in existence, and the Planning Commission recommended approval of the request on a split vote. The dissenting Commissioners felt it was a bad precedent and that there was no proven hardship. The staff recommends denial of the request. The fence was installed without a permit after the applicant was notified to stop work. A six-foot fence is allowed on Old Rockford Road; however, there is a three-foot fence height maximum in the front yard for visibility and aesthetic reasons. Councilmember Johnson asked if there is pending litigation regarding this issue. Director Hurlburt said that prosecution is in process on the violation of the stop work order issued pursuant to the building code. This is a separate issue from the Zoning Ordinance matter relating to the height of the fence. Adopted City Council Minutes September 16, 1998 Page 14 Gary Brakke, 4350 Jewel Lane North, said that neither of the two violations cited in the City's complaint relate to the stop work order. He said that the stop work order was executed on DNH Fencing, the fence installer. DNH Fencing complied with the stop work order and did not complete the fence. Mr. Brakke said that a few weeks prior to the installation of his fence, a two-year old girl wandered onto a highway and was killed. He said that the corner of his lot is less than 20 feet from Old Rockford Road which has a 50 mph speed limit. There is speeding on this roadway, and the sole purpose for requesting this variance is to provide a safe place for his son to play in the yard. Mr. Brakke said that the City Council previously approved a variance for fence height in the front yard (Resolution 96-565), for Little Flowers Montessori to provide reasonable safety for the children at the facility. Little Flowers was granted approval to place a five-foot chain link fence around the facility. He said Little Flowers Montessori is on the corner of Old Rockford Road and Zachary Lane, which has a 30 mph speed limit. Mr. Brakke said his fence is temporary and will be removed before he sells his home. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-583 APPROVING A VARIANCE FOR GARY BRAKKE FOR PROPERTY LOCATED AT 4350 JEWEL LANE NORTH (98133). Councilmember Johnson said that there is a hardship relating to traffic issues. She believes the owner has demonstrated that it will not be a permanent structure which could inconvenience the neighbors. However, she said that residents need to follow the legal processes. In response to a question from Councilmember Spigner, Director Hurlburt said that no neighbors objected to the request. She said that the variance goes with the property; there is no such thing as a temporary variance for a fence. Mayor Tierney said that she believes the request is reasonable to address the hardship relating to traffic. Motion carried: six ayes; Spigner abstained. 8.2 Mary Weinzierl, Driveway Access at 16430 45' Avenue N. (96056) Community Development Director Hurlburt presented the staff report on the request of Mary Weinzierl to amend the approving resolution for Golfview Woods to remove conditions prohibiting driveway access onto Old Rockford Road for property located at 16430 45'' Avenue North. The initial subdivision created five lots. One of the conditions of approval was that an existing driveway Adopted City Council Minutes September 16, 1998 Page 15 serving the home was to be removed and all five lots would gain access from the new cul-de-sac, in order to reduce the number of driveways on Old Rockford Road. There was a subsequent subdivision of Lot 3. During development it was discovered that the driveway for the existing home was installed in the wrong location, and not where shown on the plat. The driveway encroaches on the abutting property to the west. Director Hurlburt said the owner could reconstruct the driveway for the existing home to move it on the property; however, the owner is requesting a change in the original conditions in order to allow a new driveway to be built to Old Rockford Road. Staff recommends denial of the request due to continued concerns about the number of driveway accesses onto Old Rockford Road. In response to a question by Mayor Tierney, Director Hurlburt said there is 15 feet between the existing driveway and the corner of the home. It appears that the existing driveway is about 15 feet onto the adjacent property. The driveway could be placed entirely on the appropriate parcel, but would come very near the home. City Manager Johnson noted that the existing driveway is gravel. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-584 DENYING REQUEST BY MARY WEINZERL TO AMEND RESOLUTION 96-566 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR "GOLFVIEW WOODS" TO REMOVE REQUIREMENTS THAT ACCESS BE PROHIBITED FROM OLD ROCKFORD ROAD (96056-2). Richard Bloom, 3657 Woody Lane, Minnetonka, represented Mary Weinzierl and Bill Truman. He said that mistakes were made with regard to the platting and the location of the driveway on the site.. When the original Golfview Woods was proposed, 45' Avenue North was going to connect to Old Rockford Road. However, the only way to make the street connection was to remove the existing home. Therefore, a cul-de-sac was proposed with a fire lane to Old Rockford Road. The Council subsequently eliminated the requirement of the fire lane. Mr. Bloom said that when the adjacent parcel was sold, Ms. Weinzierl failed to secure an easement for the driveway. The abutting owner has subsequently refused to grant a driveway easement and has recently commenced filling to prohibit use of the driveway. The existing home runs perpendicular to the cul-de-sac, and all of the new homes face the cul-de-sac. The driveway would have to extend the entire length of the house to access the garage and would require removal of vegetation and a birch tree. Mr. Bloom said that a stop sign was recently installed at Dunkirk Lane and Old Rockford Road which alleviates the traffic at this location. He supported the proposed alternative resolution which includes the conditions of a turnaround driveway and keeping the driveway level with Old Rockford Road. Adopted City Council Minutes September 16, 1998 Page 16 William Truman, 16430 45`' Avenue North, said he is in the process of purchasing the existing home. He currently gains access to the home by parking in the cul- de-sac. He would like to retain the shrubs and tree and requested approval of the request. Mr. Truman said he has not been successful in securing a driveway easement from the abutting property owner. Mayor Tierney said that it may be possible to retain the greenery if a narrower driveway is installed adjacent to the existing home. An eight -foot driveway could be built, which would allow for a seven -foot buffer along the house. Councilmember Johnson asked about the driveway setback requirement. Director Hurlburt said that there is a three-foot minimum setback from the property line. If there is existing gravel driveway within three feet of the property line, it could remain. Councilmember Preus said that he would consider a variance if needed in order for the owner to build the driveway within the three-foot setback area. Councilmember Black said she also would support such a variance. Mary Weinzierl, 18820 County Road 24, said the driveway was built on the watermain. She has tried to negotiate with the abutting property owner for a year to obtain the driveway easement; however, he has refused and is filling the driveway area. Ms. Weinzierl said her engineer erred by not retaining the easement, but it will ruin the aesthetics of the home to construct a driveway along the home. Councilmember Wold said the circumstances relating to this request are very unusual, but the safety issues are too important to approve an additional access onto Old Rockford Road. Councilmember Johnson said that she will support the request because she believes the owner of the home will suffer for the mistakes made by the developer. Councilmember Bildsoe said the existing home has an adequate access to the cul- de-sac, and the City does not want to encourage more accesses onto Old Rockford Road. It may not be ideal to have a driveway abut the existing home, but there are similar situations in the City. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to call the question. Motion carried, seven ayes. Adopted City Council Minutes September 16, 1998 Page 17 Motion to deny carried: six ayes; Johnson nay. 8.3 City of Plymouth. Approve Land Use Guide Plan Amendment (98117) Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-585 APPROVING LAND USE GUIDE PLAN AMENDMENT FOR THE CITY OF PLYMOUTH FOR PROPERTY LOCATED NORTH OF MEDINA ROAD, SOUTH OF HIGHWAY 55 AND EAST OF CO. RD. 101(98117). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt ORDINANCE 98-32 AMENDING CHAPTER 21 (ZONING ORDINANCE) OF THE CITY CODE TO CLASSIFY CERTAIN LAND LOCATED NORTH OF MEDINA ROAD, SOUTH OF HIGHWAY 55 AND EAST OF COUNTY ROAD 101 (98117). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-586 APPROVING FINDINGS OF FACT FOR REZONING OF PROPERTY LOCATED NORTH OF MEDINA ROAD, SOUTH OF HIGHWAY 55 AND EAST OF COUNTY ROAD 101(98117). Motion carried, seven ayes. 8.35 (6.18) Contract for 1998 Trails, Project 8021 Councilmember Black presented a proposed additional resolution stating the City's intent that there are no plans to implement four lanes of traffic on 36' Avenue east of Zachary Lane and specifying notification to residents on 36`h Avenue if turn lanes are proposed. She said this would address resident concerns. Motion was made by Councilmember Black, seconded by Councilmember Johnson, to adopt RESOLUTION 98-587 AWARDING BID, 1998 TRAIL IMPROVEMENTS, CITY PROJECT NO. 8021. Motion carried, seven ayes. Motion was made by Councilmember Black, seconded by Councilmember Johnson, to adopt RESOLUTION 98-588 AFFIRMING THAT THERE ARE NO PLANS TO CHANGE 36TH AVENUE AND PROVIDING FOR NOTICE TO THE ADJOINING NEIGHBORHOOD OF ANY CHANGES IN PLANS TO IMPLEMENT EITHER A THIRD TURNING LANE OR FOUR LANE ROAD. Motion carried, seven ayes. Councilmember Johnson directed staff to include the 36`x' Avenue trail segment on the City's plow list. Adopted City Council Minutes September 16, 1998 Page 18 Motion was made by Councilmember Wold, seconded by Councilmember Johnson, to suspend the rules and extend the adjournment time to 10:20 p.m. Motion carried, seven ayes. 8.4 Termination of Membership in the I-494 Corridor Commission Motion was made by Councilmember Black, seconded by Councilmember Johnson, that the City retain membership in the I-494 Corridor Commission and push the Commission to develop a platform supporting light rail and be more active in discussions on different types of mass transit systems. Councilmember Bildsoe said that I-494 impacts many Plymouth businesses and residents, and participating on the Commission is the way to support Plymouth's interests. Councilmember Spigner noted that the City contributes $6,000 to this Commission. Councilmember Black said that she would like light rail to be an active part of the I-494 Corridor Commission discussions, as it will be needed to sustain a healthy business economy over time. Councilmember Preus said he has no objection to the motion, but questioned whether the I-494 Corridor Commission is the best vehicle to address the issue of light rail. Mayor Tierney said there are federal funds available for light trail; however, the alternative of light rail transit in the I-494 Corridor has been eliminated. There is discussion of light rail spokes, but the current efforts are toward HOV lanes and working with businesses to plan for access. Councilmember Wold supported terminating the City's membership in the I-494 Corridor Commission. He doesn't believe the Commission will focus or be effective on the issue of alternative mass transit systems. He believes the $6,000 would be better spent to hire a lobbyist on the issue. Mayor Tierney responded that the I-494 Corridor Commission has become a lobbying body, and she believes that the City is receiving benefit from this Commission. Motion was made by Councilmember Preus, seconded by Councilmember Black, to call the question. Motion failed: Preus, Spigner, Black ayes; Bildsoe, Wold, Johnson, and Tierney nays. Adopted City Council Minutes September 16, 1998 Page 19 Director Hurlburt said that Barb Senness is the staff representative to the I-494 Corridor Commission, and Director Hurlburt is the alternate. Mayor Tierney is the Council representative to the Commission, and Councilmember Bildsoe is the alternate. Councilmember Johnson said that Plymouth needs to have a presence on the I-494 Corridor Commission. She encouraged Councilmembers to attend a meeting of the Commission in order to make an accurate judgment about their direction. Councilmember Bildsoe said that the City's strong economic base was one of the reasons the City's Aaa bond rating was affirmed. I-494 is an important aspect of that strong economic base, and businesses and citizens rely on it. He said that I- 494 doesn't work well now, and Plymouth needs to have a voice on the future of the roadway. Motion was made by Councilmember Johnson, seconded by Mayor Tierney, to call the question. Motion carried, five ayes; Spigner and Black nays. Councilmember Black clarified that the intent of her motion is that the City and the City's representatives to the I-494 Corridor Commission will be more active in supporting light rail and pushing for mass transit alternatives. Director Hurlburt asked for clarification of the motion and whether the City is to advocate for light rail transit within the bounds of the I-494 Corridor Commission or some efforts beyond the Commission. Councilmember Black responded that she would like the Corridor Commission doing more, as well as efforts beyond the Commission. She would like the City to support rail options. Motion carried: five ayes; Spigner and Wold nay. 8.5 Ordinance Changing Council Salaries Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt ORDINANCE 98-33 AMENDING SECTION 205 OF THE PLYMOUTH CITY CODE CONCERNING COUNCIL SALARIES, substituting the existing salary amounts for Mayor and City Council in the proposed ordinance. Councilmember Bildsoe said the ordinance would result in no increase in Mayor or City Council salaries. He would support using the additional budgeted amount for health/dental to reduce the levy. Adopted City Council Minutes September 16, 1998 Page 20 Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to suspend the rules and extend the adjournment time to 10:30 p.m. Motion carried, seven ayes. Councilmember Bildsoe said he does not favor increasing Council salaries. The original proposed resolution would result in a 23 percent increase in salaries. He is proud to be on the low end of City Council salaries in the metropolitan area. Councilmember Johnson said that a previous City Council voted to eliminate the budgeted amount for health care at the end of 1998. She has surveyed other cities and Plymouth will have the lowest paid Council. She does not want it to become a hardship for someone to do public service and believes that the salary should be sufficient to reimburse individuals for such things as phone bills, mileage costs, and babysitting. She suggested that the Council should consider attaching a cost - of -living index or population served index to the salaries. She said that Plymouth tends to be an affluent community, but she does not want to exclude anyone from running for local office because it is a financial burden. Councilmember Spigner said that when Councilmember Bildsoe referenced the proposed 23 percent salary increase, he did not mention the resulting decrease from the elimination of health benefits. She said that she did not volunteer for a non -paid position; she worked hard to get elected. Councilmember Wold said that the budgeted amount for health benefits was previously eliminated in order to reduce costs. He would be concerned with reversing this action. He said that perhaps a future Council should consider whether increased compensation is a way of getting more candidates involved in the election process. He said that when he ran for office three years ago, there was no mention of Councilmember pay, and he believes the debate should go to the constituents. Councilmember Bildsoe said that he filed for City Council office because of public service. He said that the salary is supposed to offset costs. He suggested that debate on the issue of whether the Council salary should be a motivation for people to run for office should be held at another time. Mayor Tierney said that the amount saved by eliminating health/dental contributions could be spread as an increase over all Council salaries. This would bring the City Council salaries to a reasonable rate with no tax increase. She believes that members should have the option of purchasing health/dental benefits with pre-tax dollars. She said that the City Council salaries should be adequate to cover the costs of doing the job. Adopted City Council Minutes September 16, 1998 Page 21 Motion was made by Councilmember Johnson, seconded by Mayor Tierney, to suspend the rules and extend the adjournment time to 10:40 p.m. Motion carried: Johnson, Black, Wold, and Tierney ayes; Preus, Spigner, and Bildsoe nays. Councilmember Spigner said that she believes the net salary for Councilmembers should remain the same. This would allow members the option to carry health/dental benefits without a decrease in salary. Councilmember Johnson said that if she decides to carry health benefits next year, she would owe the City money. She does not want this issue to become a political debate and would prefer to take the issue to the next City Council. Councilmember Bildsoe stated that the decision to end health/dental benefit contributions at the end of 1998 was made by a previous City Council. Mayor Tierney noted that there has been no Council salary adjustment since 1994. Motion carried: six ayes; Tierney nay. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adjourn the meeting at 10:41 p.m. Motion carried: Preus, Spigner, Black, and Wold ayes; Bildsoe, Johnson, and Tierney nays. Laurie Ahrens City Clerk