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HomeMy WebLinkAboutCity Council Minutes 10-07-1998Adopted Minutes Regular Council Meeting October 7, 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 October 7, 1998. Cub Scout Troop 567 led the Pledge of Allegiance. COUNCIL PRESENT: Mayor Tierney; Councilmembers Spigner, Black, Bildsoe, Wold, Johnson, and Preus. 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 Mark Milberger, 11035 36"' Place North, stated that a tree in his rear yard was trimmed today relating to the trail construction adjacent to his home. He believes that the contractor who trimmed this tree or makes similar errors should not be invited to bid on projects in the future. He said that there has not been increased traffic enforcement in this area, as earlier promised. Mr. Milberger added that a City Council candidate, Mr. Ribbe, did not ask permission to place a campaign sign in Mr. Milberger's yard. Steve Frangier, 3445 Holly Lane North, thanked the Council for denying the recent conditional use permit request to allow outdoor storage at the Plymouth Ponds Business Park. He was concerned that the request was on the consent agenda with a recommendation of approval from staff and the Planning Commission. He said the abutting residents were able to negotiate concessions during the initial development, but have had to remain diligent in ensuring that the conditions are met. 4.1 Announcement of Plymouth Photo Contest Winners Communications Coordinator LaFave announced the winners of the Picture Plymouth Photo Contest. Mayor Tierney presented certificates and checks to the winners in each category. 4.2 Initiation of Pedestrian Safety Program Public Safety Gerdes described the initiation of the Pedestrian Safety Program in Plymouth. Adopted City Council Minutes October 7, 1998 Page 2 4.3 Introduction of McGruff Truck Program Public Safety Education Specialist appeared with City staff members Lara Newberger, Scott Newberger, Pete Derheim, and Gary Smith to introduce the McGruff Truck Program. 4.4 Presentation of Shenandoah Townhomes Housing Improvement Area HRA Supervisor Goldsmith presented the history of the Shenandoah Townhomes Housing Improvement Area project. Kris St. Martin, President of Franklin National Bank - Plymouth (on behalf of the Federal Home Loan Bank), presented funding in the amount of $178,080 to assist 53 low and moderate -income homeowners in the 219 unit Shenandoah Townhomes Housing Improvement Area. This funding will provide assistance to homeowners to install new siding and related improvements on all of the townhomes. Shenandoah Association President Bud Greeley, HRA Supervisor Goldsmith, HRA Intern Dan Waticha, and HRA Chairperson David Crain were recognized for their work on this project. 4.5 Recognize Joshua Lindquist for Attaining Eagle Scout Rank Mayor Tierney recognized Joshua Lindquist on attaining the Eagle Scout rank. His project was the construction of outdoor information kiosks at Gleason Lake Elementary's outdoor learning center. 4.6 Plymouth on Parade Park Director Blank announced that 100 units will participate in Plymouth on Parade on October 10. He described the events proposed for this celebration. 5 Approve Agenda Councilmember Bildsoe requested the addition of Item 9.3, Fire Department. Mayor Tierney requested the addition of Item 9.4, schedule City Manager performance review. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to approve the agenda with two additions. Motion carried, seven ayes. 6 Consent Agenda Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to approve the Consent Agenda. Motion carried, seven ayes. 6.1 Approve Minutes Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to approve the proposed minutes for the August 19 Regular Council Meeting, and the September 28 Special Council Meeting. Motion carried, seven ayes. Adopted City Council Minutes October 7, 1998 Page 3 6.2 Approve Disbursements Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-589 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING SEPTEMBER 25,1998. Motion carried, seven ayes. 6.3 Award Contract for Energy Cost Reduction at Ice Center Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-590 AWARDING CONTRACT TO PALEN/KIMBALL FOR ENERGY COST REDUCTION PROJECT. Motion carried, seven ayes. 6.4 Application for Lawful Gambling Exemptions Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-591 FINDING NO OBJECTION TO LAWFUL GAMBLING EXEMPTION FOR OAKWOOD ELEMENTARY PTA. Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-592 FINDING NO OBJECTION TO LAWFUL GAMBLING EXEMPTION FOR PLYMOUTH FIREFIGHTERS RELIEF ASSOCIATION. Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-593 FINDING NO OBJECTION TO LAWFUL GAMBLING EXEMPTION FOR ZACHARY LANE ELEMENTARY PTA. Motion carried, seven ayes. 6.5 Approve Garbage Hauler License Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-594 GARBAGE HAULER LICENSE FOR AW DISPOSAL, INC. Motion carried, seven ayes. 6.6 Approve Dues Payment to the League of Minnesota Cities Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-595 APPROVING 1998-1999 MEMBERSHIP DUES IN THE LEAGUE OF MINNESOTA CITIES. Motion carried, seven ayes. 6.7 Thomas and Julia Carpenter, Variance (98160) Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-596 APPROVING REAR YARD SETBACK VARIANCE FOR THOMAS AND JULIA CARPENTER FOR PROPERTY LOCATED AT 4835 WELLINGTON LANE NORTH (98160). Motion carried, seven ayes. Adopted City Council Minutes October 7, 1998 Page 4 6.8 Opus Northwest, LLC. Site Plan and Conditional Use Permits (98152) Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-597 APPROVING SITE PLAN AND CONDITIONAL USE PERMITS FOR OPUS NORTHWEST, LLC FOR PROPERTY LOCATED NORTH OF BASS LAKE ROAD AND EAST OF NATHAN LANE (98152). Motion carried, seven ayes. 6.9 Encroachment Agreement for Deck Construction at 5305 Union Terrace Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-598 APPROVING ENCROACHMENT AGREEMENT FOR DECK CONSTRUCTION AT 5305 UNION TERRACE LANE NORTH. Motion carried, seven ayes. 6.10 Establishing School Speed Zones Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-599 ESTABLISHING SCHOOL SPEED ZONES ADJACENT TO PUBLIC SCHOOLS. Motion carried, seven ayes. 6.11 Proclaim October 5-10 as Cities Week Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-600 PROCLAIMING OCTOBER 5-11,1998 AS CITIES WEEK IN THE CITY OF PLYMOUTH. Motion carried, seven ayes. 6.12 Reduction in Required Financial Guarantee Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-601 REDUCING REQUIRED FINANCIAL GUARANTEE, ROUNDS ADDITION (95035). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-602 REDUCING REQUIRED FINANCIAL GUARANTEE, FERNBROOK WOODS 312D ADDITION (96057). Motion carried, seven ayes. 6.13 Encroachment Agreement for Communication Cable Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-603 APPROVING AN ENCROACHMENT AGREEMENT FOR MEANS TELCOM 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. Adopted City Council Minutes October 7, 1998 Page 5 6.14 Payment for Ice Center Site, Project 5041 Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-604 APPROVING FINAL PAYMENT TO DOBOSENSKI AND SONS, INC., ICE CENTER, CITY PROJECT NO. 5041. Motion carried, seven ayes. 6.15 Parking Restrictions on Streets in 1998 Street Reconstruction Project Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-605 "NO PARKING" SIGNS ON CERTAIN STREETS WITHIN THE 1998 STREET RECONSTRUCTION PROJECT, CITY PROJECT NO. 8001. Motion carried, seven ayes. 6.16 Change Order, 1998 Street Reconstruction Project -Phase II, Project 8001 Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-606 APPROVING CHANGE ORDER NO. 1, 1998 STREET RECONSTRUCTION PROJECT -PHASE II, CITY PROJECT NO. 8001. Motion carried, seven ayes. 6.17 Temporary Traffic Control Signal System, Project No. 5002 Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-607 APPROVING CHANGE ORDER NO. 2, PEONY LANE/OLD ROCKFORD ROAD, TEMPORARY TRAFFIC CONTROL SIGNAL SYSTEM, CITY PROJECT NO. 5002. Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-608 REQUEST FOR PAYMENT NO.2 AND FINAL, TEMPORARY TRAFFIC CONTROL SIGNAL SYSTEM, PEONY LANE/OLD ROCKFORD ROAD, CITY PROJECT NO. 5002. Motion carried, seven ayes. 6.18 Amend Conditions of Approval for French Ridge Park Addition (94159) Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-609 AMENDING CONDITIONS OF APPROVAL, FRENCH RIDGE PARK ADDITION (94159). Motion carried, seven ayes. 6.19 Order Public Hearing on Vacation Easements Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-610 ORDERING PUBLIC HEARING ON THE VACATION OF A DRAINAGE AND UTILITY EASEMENT, ELIM CARE, INC. DOCUMENT NO. 5168555. Motion carried, seven ayes. Adopted City Council Minutes October 7, 1998 Page 6 Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-611 ORDERING PUBLIC HEARING ON THE VACATION OF A TRAIL EASEMENT, DOCUMENT NO. 5959524. Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-612 ORDERING PUBLIC HEARING ON THE VACATION OF A DRAINAGE EASEMENT FOR PONDING, ELIM CARE, INC. DOCUMENT NO. 5168553. Motion carried, seven ayes. 6.20 Order Public Hearing on Vacation of Easements, Pike Lake Woods Addition Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-613 ORDERING PUBLIC HEARING ON THE VACATION OF PART OF DEERWOOD LANE STREET RIGHT—OF—WAY AND DRAINAGE AND UTILITY EASEMENTS AND DRAINAGE EASEMENT FOR PONDING WITHIN LOTS 7,8,9, 10 AND 11, BLOCK 1, AND LOTS 2 AND 3, BLOCK 2, AND OUTLOT A AND B, PIKE LAKE WOODS ADDITION. Motion carried, seven ayes. 6.21 Authorize Restrictive Covenant for Bridgid Glenn Addition Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-614 AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE RESTRICTIVE COVENANT FOR BRIDGID GLENN ADDITION (98063). Motion carried, seven ayes. 6.22 MPRS Lawsuit Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-615 RESOLUTION APPROVING SETTLEMENT AND AUTHORIZING PAYMENT THEREOF. Motion carried, seven ayes. 6.23 Authorize Plans and Specifications for Activity Center and Field House Project Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-616 AUTHORIZING DELANO ERICKSON ARCHITECTS TO PREPARE DETAILED PLANS AND SPECIFICATIONS FOR THE ACTIVITY CENTER AND FIELD HOUSE PROJECTS, PROJECT NO. 7021. Motion carried, seven ayes. 7.1 Authorize the Vacation of Schmidt Lake Road within Tyrell 8' Addition Public Works Director Moore presented the staff report on the proposed vacation of Schmidt Lake Road right-of-way in Tyrell Eighth Addition. Adopted City Council Minutes October 7, 1998 Page 7 Mayor Tierney opened the public hearing at 7:41 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Spigner, seconded by Councilmember Johnson, to adopt RESOLUTION 98-617 AUTHORIZING THE VACATION OF SCHMIDT LAKE ROAD STREET RIGHT—OF—WAY, TYRELL EIGHTH ADDITION. Motion carried, seven ayes. 7.2 Authorize the Vacation of Easement Rights, Westminster Addition Public Works Director Moore presented the staff report on the proposed vacation of drainage and utility easement and reserved easement rights over vacated Xenium Lane now Northwest Blvd.) and Lot 1, Block 2, Westminster Addition. Mayor Tierney opened the public hearing at 7:44 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 98-618 AUTHORIZING THE VACATION OF EASEMENT RIGHTS FOR DRAINAGE AND UTILITY PURPOSES AND PART OF A DRAINAGE AND UTILITY EASEMENT, ADJACENT % OF VACATED STREET AND LOT 1, BLOCK 2, WESTMINSTER ADDITION. Motion carried, seven ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 98-619 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF RESOLUTION 98-618 VACATION OF A DRAINAGE AND UTILITY EASEMENT AND EASEMENT RIGHTS FOR DRAINAGE AND UTILITY PURPOSES OVER PART OF ADJACENT HALF OF VACATED STREET IN LOT 1, BLOCK 2, WESTMINSTER ADDITION. Motion carried, seven ayes. 7.3 Assessment Hearing, East Medicine Lake Boulevard/Zachary Lane Street and Trail Improvements, Project 7006 Public Works Director Moore presented the staff report on the proposed assessments for East Medicine Lake Blvd./Zachary Lane street and trail improvements, Project 7006. The assessment rates for the project are based on the City's Street Reconstruction Program and actual construction costs for storm sewer and new concrete curb and gutter. There is no proposed assessment for widening of the roadway. He recommended that the City Council conduct the public hearing, but postpone adoption of the assessments to November 4 so that the storm sewer assessments can be further reviewed. Councilmember Spigner requested that the public hearing remain open and be continued to November 4. Adopted City Council Minutes October 7, 1998 Page 8 Mayor Tierney opened the assessment hearing on East Medicine Lake Blvd./Zachary Lane street and trail improvements, Project 7006. Paul Molnau, 3190 East Medicine Lake Blvd., said his final assessment is proposed to be more than the estimated assessment which is unfair. As requested by Couricilmember Wold, City Attorney Knutson explained the method for appealing the assessment, as set forth in the written notice to each affected property owner. Wallace Charles, 3150 East Medicine Lake Blvd., presented a written objection to the assessment. He showed pictures of the construction and noted that the work included improvement of the street so that it would be substantial and have the maximum amount of improvement to the most beautiful lake in the City. Public Works Director Moore said that the proposed assessments are based on a standard residential street. Motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to postpone the public hearing until November 4 on Project 7006. Motion carried, seven ayes. 8.1 Vince and Beth Beacom (98126) Community Development Director Hurlburt presented the staff report on the request of Vince and Beth Beacom for rezoning from FRD to RSF-1, Preliminary Plat and Variance to create two lots from the property located at 5630 Pineview Lane North. The Planning Commission and staff recommend approval of the requests. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt ORDINANCE 98-34 AN ORDINANCE AMENDING CHAPTER 21 ZONING ORDINANCE) OF THE CITY CODE TO CLASSIFY CERTAIN LAND LOCATED AT 5630 PINEVIEW LANE NORTH (98126). Motion carried, seven ayes. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-620 APPROVING FINDINGS OF FACT FOR REZONING OF THE PROPERTY LOCATED AT 5630 PINEVIEW LANE NORTH (98136). Motion carried, seven ayes. Adopted City Council Minutes October 7, 1998 Page 9 Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-621 APPROVING PRELIMINARY PLAT AND VARIANCE FOR VINCE AND BETH BEACOM FOR PROPERTY LOCATED AT 5630 PINEVIEW LANE NORTH (98126). Motion carried, seven ayes. 8.2 Sugar Hills Traffic Noise Petition Public Works Director Moore stated the City received a petition from six property owners in the Sugar Hills Addition requesting that the City construct a fence along a portion of Rockford Road to help abate noise. The area is heavily wooded, and the townhome development to the east has constructed a fence. The City previously did tree planting and landscaping along the roadway; however, there is a wetland in this specific area and some of the trees and vegetation has died. Staff recommends that the City plant additional vegetation abutting the wetland to provide additional screening. He said the roadway was platted as part of the Sugar Hills development and the road location was known and disclosed to the property owners as part of the development plans. Mayor Tierney asked if berming could work to abate noise. Director Moore responded that the trail is lower than the roadway because of the abutting wetland. Berming would require filling a wetland. Councilmember Preus asked about the cost of the proposed landscaping. Director Moore estimated the cost would probably be less than $1,000. Councilmember Johnson asked if there were existing plans for the City to plant trees in this location, or whether the City would be accommodating a neighborhood due to a noise problem. Director Moore said there was no available space to plant trees when the original project was constructed. Trees have since died and there is now room for additional plantings. The developer created the water quality pond at the rear of these properties, and trees were removed from this entire development to construct homes, roads, and the treatment pond. Councilmember Spigner said the petition relates to noise from County Road 9; however, the staff report refers to landscaping done in the past. She is concerned about the precedent that could be set by doing additional planting. She also asked how the fence would impact noise. Director Moore said the petition requests that the City construct a fence. Staff is recommending that a fence not be constructed but that additional planting be done as an alternative. The City has done planting in the public right-of-way along major roadways Adopted City Council Minutes October 7, 1998 Page 10 in other areas of the City and would have done planting in this area during the original construction if the area had not been heavily wooded. He added that the requested six- foot fence would have little impact on noise. Judy Martin, 16140 37''' Avenue North, said the residents are not asking for trees. The residents want a barrier fence to contain the noise. She said the fence would need to be at least six feet high, and all residents abutting the proposed fence location have signed the petition. Ms. Martin said the visual screening is not important to her but a noise barrier is needed, particularly because of truck traffic. She suggested that truck traffic could also be rerouted to Highway 55. Ms. Martin said that a fence would not impact the wetland, and she believes this situation is unique. She noted that a sound wall was constructed by the City to protect homes on 51 s' Avenue North from abutting loading docks. Councilmember Johnson asked why the neighborhood does not build a fence. This has been done by other neighborhoods. Ms. Martin was unsure why the developer did not build the fence. Her property only abuts 10 feet on County Road 9, and the other property owners would need to speak to the issue. Steve Thompson, 16120 37`' Avenue North, said that the six property owners purchased nice, treed lots but many trees have been lost to wind, lightning, and wetland impacts. The natural sound barrier has been lost. Councilmember Bildsoe noted that this is a county road and asked whether the county may do something. Director Moore said the county does not plant vegetation or trees. He is unaware of any fences or noise walls constructed by the county. This roadway was built by the City and became a county road in the transportation system. He said the roadway location was planned with the development. Councilmember Black stated the 51' Avenue situation related to installation of a sound wall and the abutting business paid over half of the cost. She does not believe it was precedent setting and is quite different from this request. Councilmember Johnson asked if the residents want additional trees to be planted. Mayor Tierney said that there is not sufficient space to construct both a fence and plantings along these properties. Adopted City Council Minutes October 7, 1998 Page 11 Motion was made by Councilmember Preus, seconded by Councilmember Black, to deny the petition request for a sound barrier fence in Sugar Hills Addition. Motion carried, seven ayes. 8.3 Todd and Leslie Foster/Scott and Roxanne Bergland (98145 & 98149) Community Development Director Hurlburt presented the staff report on the request of Todd and Leslie Foster and Scott and Roxanne Bergland for variances to reduce the wetland buffer for properties located at 16740 40'hAvenue North and 16800 40`h Avenue North. She said these applications were generated when it was discovered that the buffer monuments placed by the developer had been removed and the area within the buffer had been graded and landscaped by the homeowners. The lots on the south side of the wetland in this development are subject to the wetland ordinance and buffer requirements; the lots on the north are not, due to the development timing. The Fosters have requested a reduction from 40 feet to 18 feet in the wetland buffer to allow the installation of a large play structure. The Berglands' have requested a reduction from a variation of 30 and 40 feet to 15 feet along the edge of the wetland. Subsequently, both residents requested that the buffer be reduced to 20 feet. The Planning Commission recommended approval of the request on a vote of 4 to 3. Dissenting Commissioners felt that this is not a unique situation and there is no hardship. Director Hurlburt said there has been degradation to the wetland body as abutting development has occurred, and staff recommends denial of the variances. In response to a question by Councilmember Johnson, Director Hurlburt explained that the City can only administer the wetland buffer requirements within the development that is being reviewed. Councilmember Black asked if this request would be subject to the exceptional management practices section in the wetland ordinance. Director Hurlburt said that the ordinance does not allow application for the alternative buffers subsequent to platting. The request must be made at the time of initial development so that the entire development can be considered. Mayor Tierney asked if buffering could be required on the north side of the pond so that there would be a more uniform look to the development. Director Hurlburt responded no. The City's wetland ordinance became effective at a given point in time, and it is not legal to require another property owner to offset a variance requested by another property owner. She said there are many similar situations in the City and additional wetland buffer variance requests could be received. While each variance request is unique, she believes this is a major policy issue for the Council. Scott Bergland, 16800 4Wh Avenue North, said this is a unique situation. He does not believe that the City would receive similar requests. He believes that the Planning Adopted City Council Minutes October 7, 1998 Page 12 Commission recommendation reflects the need for a place for his children to play as the nearest park is one mile away. Most other homes on this pond have decks, three and four -season porches, and landscaping right up to the pond. When he purchased the property, he believed that he could build right up to the pond. He said that trees were planted and landscaping installed prior to his purchase of his property. Mr. Bergland said he stopped work when he was informed of the buffer requirement. He believes it is unfair that a developer can request a variance from the wetland buffer at the time of development, but a property owner cannot. Councilmember Spigner noted that the rear yard is small, and she asked about the buffer marker. Mr. Bergland said there is 30 feet from the buffer to the pond. In the lot corner there is 38 feet between the buffer and the pond. When he purchased the property, he removed the buffer marker because he intended to use the property right up to the pond. He had no knowledge of the buffer requirement until he was notified by the City. He believes the seven variance points have been proven. Councilmember Johnson noted that approval of the variance request could set a precedent for other lots in the same block. Mayor Tierney asked how much use can occur in the buffer area. Director Hurlburt said the buffer area must be maintained in its natural state and no structures are allowed. Councilmember Black asked if the buffer information is disclosed at a real estate closing. Director Hurlburt said this information would be part of the documents, but she was unaware of any special disclosure. Todd Foster, 16740 40`' Avenue, said he is the only property owner who has installed anything in the buffer area. He does not believe that the similar examples of townhomes and a church are valid comparables. Mr. Foster said the subdivision covenants limit the type of play structure that can be installed. He said the nearest park is a distance away, and he would like adequate play space for his children. He was advised by his builder and real estate representative that the buffer line was the property setback line and structures could not go within 15 feet of that line. He believes that a 20 foot buffer is adequate to protect the pond and allow vegetation to grow. Councilmember Preus questioned the distance from the Foster home to the pond. Adopted City Council Minutes October 7, 1998 Page 13 Director Hurlburt said it is 70 feet from the wall of the home to the pond, but there is a deck and landscaping that extends beyond. The buffer is supposed to vary from 34 to 36 feet along his property. His proposed play equipment is 15 feet by 32 feet. Councilmember Bildsoe referenced the proposed Water Resource Management Plan. He said that the document includes the City's plan to improve the wetlands. If the Council makes an exception in this situation, he questioned how to determine when to grant future similar requests. He believes that consistency is important if the City is serious about implementing the Water Resource Management Plan. Councilmember Johnson said she understands the need for an area for children to play, but the variance would remain with the land. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to approve the variance for the Fosters. Councilmember Preus said the Water Resources Management Plan is important; however, there is a variance process in the ordinance to allow exceptions for unique situations. The Council receives many types of variance requests, and he does not believe approval of this request will set a strong precedent. He also does not believe that many similar situations will arise. Councilmember Black spoke against the motion. She does not believe the request meets the ordinance variance standards for # 1, #2, or #5. Motion to substitute was made by Councilmember Black, seconded by Councilmember Wold to adopt RESOLUTION 98-622 DENYING A VARIANCE FOR TODD AND LESLIE FOSTER FOR PROPERTY LOCATED AT 16740 40TH AVENUE NORTH (98145). Councilmember Black stated the physical surroundings are not a hardship. She believes that reducing the buffers would be detrimental to the public and said that the City will be faced with an $8 million cost for improving water quality. Councilmember Preus said that the law was enacted in a fashion that deprived the Fosters of reasonable use of their property. Councilmember Johnson questioned whether a hardship exists and whether the applicant has reasonable use of the property. Councilmember Black suggested that the applicant could request a variance from the homeowner association covenants which specify the size of the play structure. Adopted City Council Minutes October 7, 1998 Page 14 Mr. Foster said he was unaware of the covenant when he purchased the property. Mayor Tierney viewed the request as reasonable use of property and a sense of fairness because the properties on the north side of the pond have no buffer requirement. Councilmember Wold said the City spends money relocating geese. He noted that the geese population in the City is reduced when the buffer areas are increased. Councilmember Bildsoe said the buffer was established for this property by a previous Council. He doesn't believe that this request meets all of the variance standards. Councilmember Preus expressed concern that the City requires each individual to bear the brunt of the damage to water quality. He believes the City should first focus attention on the big water quality problems, rather than individual homeowners. Councilmember Spigner said that the property owner knew what area was available when the property was purchased. Vote on motion to substitute carried: five ayes; Preus and Tierney nays. Main motion carried: five ayes; Preus and Tierney nays. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-623 DENYING A VARIANCE FOR SCOTT AND ROXANNE BERGLAND FOR PROPERTY LOCATED AT 16800 40TH AVENUE NORTH (98149). Motion carried: five ayes; Preus and Tierney nays. 8.4 Larkin, Hoffman, Daly & Lindgren, Minor PUD Plan Amendment (98150) Community Development Director Hurlburt presented the staff report on the request of Larkin, Hoffinan, Daly & Lindgren, Ltd., for a minor planned unit development (PUD) amendment to add two loading dock bays to the existing building at 2600 Campus Drive North. She said the proposed loading dock location meets the City's screening and setback requirements. The only flexibility being requested under the PUD is to increase the impervious surface coverage in the Shoreland District. This building was built for a previous tenant with a low parking requirement. This improvement is seen as the minimum necessary to accommodate the needs of a new tenant. The applicant has agreed to practices including additional erosion control during construction and until the site is fully vegetated, the use of phosphorus free fertilizer, a parking lot sweeping program, and maintenance of natural vegetation between the City trail and Plymouth Creek. She said that the applicant could do the improvement by eliminating some parking, but the proposed extra management practices are things that the City cannot mandate. The request is recommended for approval by the Planning Commission and staff. Adopted City Council Minutes October 7, 1998 Page 15 Councilmember Spigner asked why this situation is different than the previous item where a variance was requested to requirements of the original development. Director Hurlburt responded that this property was in existence prior to the Shoreland regulations. In the prior item, the homes were built after the wetland regulations were adopted. She recommended that an alternative to denying this request is that the Council not grant flexibility to use the additional impervious surface and add a requirement that the final plan must show no net increase in the Shoreland encroachment. Motion was made by Mayor Tierney, seconded by Councilmember Black, to suspend the rules and extend the adjournment time to 10:15 p.m. Motion carried, seven ayes. Tom Alexander of Larkin, Hoffman, Daly & Lindgren, Ltd., represented Jeffrey Pugh and Pugh LLC. He said that one of the dock bays was originally constructed with the building but was not activated because it was not needed by the former tenant. An additional dock is proposed for a new tenant to avoid stacked trucks. He said that it will make business smoother and will be better for the easterly residential neighborhood because the impacts of truck stacking will be avoided. The natural area would remain between the parking lot and trail. He said the added parking spaces would be a convenience, as well as an incentive for tenants. They would be willing to eliminate nine existing parking spaces if necessary. He said that a variance from the minimum parking requirements may be necessary if additional stalls are reduced. Director Hurlburt said the parking requirements have not been calculated based on reducing the number of parking stalls. Councilmember Spigner requested clarification of the loading dock locations and whether one dock could be eliminated. She also asked if there are any speed humps on the site. Mr. Alexander showed the location of the existing loading dock and the drive-in entrance without a dock. The new dock bay door would be between the existing dock bay door and the drive-in door. He said that all needs will not be met if a loading dock is eliminated. The business currently has three loading docks which are busy from early mornings to evenings at the existing Minnetonka location. There are no speed humps and none are anticipated. Councilmember Bildsoe asked if a decision is needed tonight since there are some concerns relating to impervious surface. Mr. Alexander said that the process to purchase this property began in November 1997, and the closing is scheduled for Friday. They did not want to submit a request to the City until the environmental issues were resolved by the MPCA. Adopted City Council Minutes October 7, 1998 Page 16 Motion was made by Councilmember Black, seconded by Councilmember Spigner, to suspend the rules and extend the adjournment time to 10:30 p.m. Motion carried, six ayes; Preus nay. Motion was made by Councilmember Spigner to approve the minor PUD amendment to allow two loading docks. Motion died for lack of a second. Motion was made by Councilmember Black, seconded by Councilmember Johnson, to adopt RESOLUTION 98-624 APPROVING A MINOR PUD PLAN AMENDMENT FOR LARKIN, HOFFMAN, DALY & LINDGREN, LTD. TO ALLOW THE CONSTRUCTION OF TWO ADDITIONAL DOCK BAYS AND RELATED SITE IMPROVEMENTS ON PROPERTY LOCATED EAST OF CAMPUS DRIVE AND NORTH OF 26TH AVENUE NORTH (98150), with the condition of no increase in impervious surface on the entire site as the result of construction. Mr. Alexander expressed concern that the site may not meet the City's minimum parking requirement if parking stalls are removed. Director Hurlburt said that if the Council's action results in noncompliance with the parking standard, it would inherently approve a variance in the minimum parking requirement for the site. She asked if the condition of no increase in impervious surface relates to the entire site or only that portion in the Shoreland District. If it applies to the entire site, more parking stalls would need to be eliminated. Councilmember Black responded it applies to the entire site. Mr. Alexander said this building has been empty for three years, and they need flexibility to meet the needs of the tenant. Councilmember Spigner asked if the applicant will move forward with the project under the proposed motion. Mr. Alexander said they would study the cost of removing the parking spaces and their parking requirements. Director Hurlburt said the cost to eliminate parking areas will not be significant. Motion was made by Councilmember Spigner, seconded by Councilmember Johnson, to call the question. Motion carried, seven ayes. Main motion carried, seven ayes. Adopted City Council Minutes October 7, 1998 Page 17 8.5 Traffic Issues Motion was made by Councilmember Wold, seconded by Councilmember Black, to direct staff to analyze traffic operations on Nathan Lane from and including the intersection at County Road 9 north to 45" Avenue, and on 45"/46`'' Avenue from Nathan Lane to Zachary Lane, and prepare a report for City Council consideration at the November 18, 1998 meeting. Motion carried: seven ayes. 9.1 Status of Traffic Signal, Vicksburg Lane and County Road 9 Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 98-625 REQUESTING HENNEPIN COUNTY TO INSTALL TRAFFIC SIGNAL, VICKSBURG LANE AND COUNTY ROAD 9. Motion carried, seven ayes. 9.2 Youth Advisory Council and Human Rights Commission Appointments Assistant Manager Lueckert said that a Council Subcommittee will meeting on October 13 at 6 p.m. to conduct interviews with youth applicants to the Youth Advisory Council and the Human Rights Commission. She said that two students will be unable to attend on that evening, and Human Rights Commissioners are interested in participating in the interview process. Councilmember Spigner said that appointments to the Human Rights Commission are made by the City Council and the Human Rights Commission could meet with the students in advance of the Council interviews if they desire. 9.3 Plymouth Fire Department Councilmember Bildsoe said the City Council will be discussing Fire Department issues in November. He suggested that any interested Councilmembers do a ride -along with the duty crew prior to that meeting. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to suspend the rules and extend the adjournment time to 10:38 p.m. Motion carried, seven ayes. 9.4 City Manager Evaluation Motion was made by Mayor Tierney, seconded by Councilmember Bildsoe, to establish a special Council meeting for 7 p.m. on October 28 for the City Manager Evaluation. Motion carried, seven ayes. Adopted City Council Minutes October 7, 1998 Page 18 Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe , to adjourn the meeting at 10:34 p.m. Motion carried, seven ayes. IIA City Clerk