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HomeMy WebLinkAboutCity Council Minutes 11-04-1998Adopted Minutes Regular Council Meeting November 4,1998 A regular meeting of the Plymouth City Council was called to order by Acting Mayor Preus at 7:00 p.m. in the City Center, 3400 Plymouth Blvd., on November 4, 1998. COUNCIL PRESENT: Acting Mayor Preus; Councilmembers Bildsoe, Wold, Johnson, Spigner, Black (arrived at 7:08 p.m.) ABSENT: Mayor Tierney. 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 Forum. 4.1 Youth Advisory Council Assistant Manager Lueckert introduced members of the Youth Advisory Council. 4.2 National Night Out Community Achievement Award Public Safety Information Specialist Cwayna announced that Plymouth has been awarded a National Night Out Community Achievement Award. 4.3 School District 284 Bond Referendum School District 284 Superintendent Beilfuss and a School Board member addressed the Council. Superintendent Beilfuss presented information on the December 15 bond referendum. He discussed the need for the bond referendum and the tax impact. He said there has been continual underfunding for facilities in the District. The bond would generate $18.5 million in funds for the following uses -- $13.35 million for facility improvements for all elementary and middle schools for roof repair and tuckpointing, $4 million for technology, $150,000 for Early Childhood Family Education support services, 450,000 for land acquisition, and $550,000 for field improvements, warehouse expansion and renovations for Curriculum Services and Community Education Services. 5 Approve Agenda Councilmember Black requested that Item 9.1 be moved to the next meeting agenda and that a study session on the Surface Water Management Plan be added to the agenda. City Manager Johnson recommended that Item 8.2 be postponed to the next meeting due to settlement discussions that are underway. Adopted City Council Minutes November 4, 1998 Page 2 Councilmember Wold requested addition of Item 9.2, discussion of the Charter amendment. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to approve the agenda with all requested changes. Motion carried, six ayes. 6 Consent Agenda Item 6.8 was removed from the Consent Agenda. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to approve the Consent Agenda as amended. Councilmember Bildsoe mentioned that the consent agenda includes approval of all -way stop sign installations at 34`h Avenue and Fernbrook Lane and at 34' Avenue and Plymouth Blvd. Councilmember Wold noted that Item 6.3 approves the canvass of the local election results, and he announced the election results. Motion carried, six ayes. 6.1 Approve Minutes Motion was made by Councilmember Spigner, seconded by Councilmember Black, to approve the proposed minutes for the September 16 and October 7 regular meetings. Motion carried, six ayes. 6.2 Approve Disbursements Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-654 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING OCTOBER 9,1998. Motion carried, six ayes. 6.3 Certify Election Results Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-655 CERTIFYING LOCAL RESULTS OF THE GENERAL ELECTION HELD ON NOVEMBER 3,1998. Motion carried, six ayes. Adopted City Council Minutes November 4, 1998 Page 3 6.4 Landform Engineering Company (98108F) (98170) Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-656 APPROVING FINAL PLAT FOR LANDFORM ENGINEERING COMPANY FOR "PIKE LAKE WOODS 2ND ADDITION" LOCATED NORTH OF BASS LAKE ROAD, WEST OF THE BASS LAKE COMMERCIAL CENTER AND EAST OF GOLDENROD LANE (98108F). Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-657 APPROVING FINAL PLAT FOR LANDFORM ENGINEERING COMPANY FOR "PIKE LAKE WOODS 3RD ADDITION" LOCATED NORTH OF BASS LAKE ROAD, WEST OF THE BASS LAKE COMMERCIAL CENTER AND EAST OF GOLDENROD LANE (98170). Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-658 APPROVING DEVELOPMENT CONTRACT LANDFORM ENGINEERING COMPANY FOR "PIKE LAKE WOODS 2ND ADDITION" AND "PIKE LAKE WOODS 3" ADDITION" LOCATED NORTH OF BASS LAKE ROAD, WEST OF THE BASS LAKE COMMERCIAL CENTER AND EAST OF GOLDENROD LANE (98108F) AND (98170). Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-659 ADOPTING ASSESSMENTS, CITY PROJECT NO. 8036, SANITARY SEWER AND WATERMAIN AREA, PIKE LAKE WOODS 2ND ADDITION. Motion carried, six ayes. Adopted City Council Minutes November 4, 1998 Page 4 6.5 Sewage and Wastewater Treatment Systems Ordinance Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt ORDINANCE 98-35 AUTHORIZING AND PROVIDING FOR SEWAGE AND WASTEWATER TREATMENT: ESTABLISHING MINIMUM STANDARDS FOR AND REGULATION OF INDIVIDUAL SEWAGE TREATMENT SYSTEMS (ISTS) WITHIN THE CITY OF PLYMOUTH, INCORPORATING BY REFERENCE MINIMUM STANDARDS AND REQUIREMENTS ESTABLISHED BY MINNESOTA STATUTES AND RULES OF THE MINNESOTA POLLUTION CONTROL AGENCY; REQUIRING PERMITS FOR INSTALLATION, ALTERATION, REPAIR OR EXTENSION OF ISTS IN THE CITY; ESTABLISHING STANDARDS FOR UPGRADE, REPAIR, REPLACEMENT, OR DISCONTINUANCE OF USE OF ISTS; IMPOSING PENALTIES FOR FAILURE TO COMPLY WITH THESE PROVISIONS; PROVIDING FOR ENFORCEMENT OF THESE REQUIREMENTS; AND PROMOTING THE HEALTH, SAFETY, AND WELFARE OF THE PUBLIC PURSUANT TO MINNESOTA STATUTES CHAPTER 115,145A, AND 471. Motion carried, six ayes. 6.6 Plymouth Business Center Phase VI (98157) Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-660 APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR UNITED PROPERTIES FOR PROPERTY LOCATED EAST OF FERNBROOK LANE AND NORTH OF 34TH AVENUE NORTH (98157). Motion carried, six ayes. 6.7 Agreement for Transit Vehicle Funding Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-661 AGREEMENT NO. SG -98-03 BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF PLYMOUTH FOR PRIVATE VEHICLE CAPITAL FUNDING. Motion carried, six ayes. 6.9 CDBG Funds to Community Action for Suburban Hennepin Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-662 APPROVING REALLOCATION OF $10,000 IN 1997 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO COMMUNITY ACTION FOR SUBURBAN HENNEPIN. Motion carried, six ayes. 6.10 Amending City Code Chapter 400 Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt ORDINANCE 98-36 AMENDING PORTIONS OF CHAPTER IV, BUILDING, HOUSING AND CONSTRUCTION REGULATIONS, OF THE PLYMOUTH CITY CODE SECTION 400, BUILDING CODE. Motion carried, six ayes. Adopted City Council Minutes November 4, 1998 Page 5 6.11 Contract for Fixed Asset Inventory and Valuation Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-663 APPROVING CONTRACT FOR FIXED ASSET INVENTORY AND VALUATION. Motion carried, six ayes. 6.12 Change Orders for Plymouth Ice Center Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-664 APPROVING CHANGE ORDER NO.5 AND FINAL PAYMENT TO BEN FRANKLIN ELECTRIC. Motion carried, six ayes. 6.13 LSA Design, Inc. (98180) Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-665 APPROVING SITE PLAN AMENDMENT FOR LSA DESIGN, INC., TO ALLOW CONSTRUCTION OF AN OUTDOOR LEARNING STRUCTURE AT GLEASON LAKE ELEMENTARY SCHOOL, 310 COUNTY ROAD 101 (98180). Motion carried, six ayes. 6.14 US West Wireless, LLC (98159) Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-666 APPROVING CONDITIONAL USE PERMIT AND SITE PLAN AMENDMENT TO ALLOW INSTALLATION OF A 65 -FOOT HIGH MONOPOLE AND RELATED GROUND EQUIPMENT FOR WIRELESS COMMUNICATION SERVICES AT 17405 COUNTY ROAD 6 (98159). Motion carried, six ayes. 6.15 Reduction of Development Contract Financial Guarantees Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-667 REDUCING REQUIRED FINANCIAL GUARANTEE, NANTERRE ADDITION (94093). Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-668 REDUCING REQUIRED FINANCIAL GUARANTEE, SUGAR HILLS 4TH ADDITION (95090). Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-669 REDUCING REQUIRED FINANCIAL GUARANTEE, GOLFVIEW WOODS ADDITION (96056). Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-670 REDUCING REQUIRED FINANCIAL GUARANTEE, CONOR MEADOWS ADDITION (96113). Motion carried, six ayes. Adopted City Council Minutes November 4, 1998 Page 6 6.16 Payment for Treatment Ponds/Drainage Improvements, Project 7011 Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-671 REQUEST FOR PAYMENT NO.3 AND FINAL, TOWN CENTER/MANN THEATER STORM DRAINAGE IMPROVEMENTS, CITY PROJECT NO. 7011. Motion carried, six ayes. 6.17 Final Payment for 1998 Crack Repair Program Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-672 REQUEST FOR PAYMENT NO.2 AND FINAL, 1998 CRACK REPAIR PROGRAM. Motion carried, six ayes. 6.18 Agreement on Ridgemount Avenue Reconstruction, Project 7004 Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-673 APPROVING SUPPLEMENTAL AGREEMENT, RIDGEMOUNT AVENUE - STREET RECONSTRUCTION IMPROVEMENTS, CITY PROJECT NO. 7004. Motion carried, six ayes. 6.19 All -Way Stop Installations Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-674 INSTALLATION OF ALL -WAY STOPS AT FERNBROOK LANE AND 34TH AVENUE AND AT 34TH AVENUE NORTHERLY EXTENSION) AND PLYMOUTH BOULEVARD. Motion carried, six ayes. 6.20 Agreements with Metropolitan Council for Capital Financial Assistance Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-675 GRANT AGREEMENT NO. SG -97 -PF -98 BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF PLYMOUTH FOR THE CONSTRUCTION OF THE FIRST PHASE OF PLYMOUTH NEIGHBORHOOD BUS STOPS PROGRAM. Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-676 GRANT AGREEMENT NO. SG -97 -PF -100 BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF PLYMOUTH FOR PARK-AND-RIDE FACILITIES AT THE PLYMOUTH COVENANT CHURCH AT THE INTERSECTION OF COUNTY ROAD 9 AND VICKSBURG LANE. Motion carried, six ayes. Adopted City Council Minutes November 4, 1998 Page 7 Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-677 GRANT AGREEMENT NO. SG -97 -PF -101 BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF PLYMOUTH FOR PARK-AND-RIDE FACILITIES AT THE MESSIAH UNITED METHODIST CHURCH WEST OF THE INTERSECTION OF COUNTY ROAD 101 AND COUNTY ROAD 6. Motion carried, six ayes. 6.21 Angeno's Pizza and Pasta (98175) Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-678 APPROVING CONDITIONAL USE PERMITS FOR THE PLYMOUTH HILLS SHOPPING CENTER FOR A RESTAURANT WITH ON -SALE LIQUOR LOCATED AT THE SOUTHEAST CORNER OF 34TH AVENUE AND PLYMOUTH BOULEVARD (98175). Motion carried, six ayes. 7.1 Assessment Hearing, Project 7006 Public Works Director Moore said this assessment hearing was continued from October 7 in order to confirm storm sewer assessment amounts. The final assessment roll is recommended for adoption in the revised amount of $160,337, which was reduced from 175,100 due to the reduced storm sewer cost. He said that one written objection has been received from Mr. Wallace Charles. Mayor Preus announced that the assessment hearing remains open. William Doerr, 2355 East Medicine Lake Blvd., asked if his property is affected by the proposed assessment. Director Moore clarified that Mr. Doerr's property is not being assessed for the improvement. Mayor Preus closed the public hearing. Motion was made by Councilmember Wold, seconded by Councilmember Johnson, to adopt RESOLUTION 98-679 ADOPTING ASSESSMENTS, CITY PROJECT NO. 7006, EAST MEDICINE LAKE BOULEVARD/ZACHARY LANE STREET IMPROVEMENTS. Motion carried, six ayes. Item 7.2 Vacation of Easements Public Works Director Moore introduced the public hearing on proposed vacation of a portion of Deerwood Lane drainage and utility easements and drainage easement for ponding in Pike Lake Woods Addition. Mayor Preus opened the public hearing at 7:35 p.m. No one appeared, and the hearing was closed. Adopted City Council Minutes November 4, 1998 Page 8 Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-680 AUTHORIZING 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, six ayes. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-681 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF RESOLUTION NO. 98-680 VACATING 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, six ayes. Item 7.3 Vacation of Easements Public Works Director Moore introduced the vacation of a drainage and utility easement, trail easement, and drainage easement for ponding for the proposed plat of Cornerstone Commons. The final plat will be presented in about a month. Mayor Preus opened the public hearing at 7:37 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-682 AUTHORIZING THE VACATION OF A DRAINAGE AND UTILITY EASEMENT CREATED BY DOCUMENT NO. 5168555 ELIM CARE INC. Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-683 AUTHORIZING THE VACATION OF A DRAINAGE EASEMENT FOR PONDING, ELIM CARE INC., DOCUMENT NO. 5168553. Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-684 AUTHORIZING THE VACATION OF A TRAIL EASEMENT, DOCUMENT NO. 5959524. Motion carried, six ayes. Adopted City Council Minutes November 4, 1998 Page 9 Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-685 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF RESOLUTION NO. 98-683 VACATING A DRAINAGE EASEMENT FOR PONDING CREATED BY DOCUMENT NO. 5168553, RESOLUTION NO. 98-684 VACATING A TRAIL EASEMENT CREATED BY DOCUMENT NO. 5959524, RESOLUTION NO. 98-682 VACATING A DRAINAGE AND UTILITY EASEMENT CREATED BY DOCUMENT NO. 5168555. Motion carried, six ayes. Item 8.1 Caliber Development Corporation (98146) Community Development Director Hurlburt stated the Planning Commission has recommended denial of a requested Planned Unit Development Amendment for a 22,000 square foot office/showroom building with up to 80 percent office use for property located at the northwest corner of Polaris Lane and 25`h Avenue. The Planning Commission recommended approval of the final plat. Staff recommends approval of both the PUD amendment and the final plat. Issues of the maintenance of other Caliber properties in the City were discussed at the hearing, as well as outdoor storage and truck parking. The impact on the Ashburne Townhomes was also discussed at the hearing, as well as separation of loading areas from the residential property. Since the Planning Commission hearing, a landscaped berm and dense screening has been proposed along the west edge of the property, the loading areas have been stepped back into the building, the wing wall has been lengthened from 10 to 30 feet for screening, a photo image from the Ashburne townhomes has been prepared, restricted hours of operation for the loading areas is proposed, and code enforcement is occurring on other Caliber properties in the City. Director Hurlburt said a holding pond and wetland provides some separation from the residences. The building would be 400 feet from the nearest residence, but the setback from the property line cannot be met, and the applicant is requesting PUD flexibility with respect to the parking. Councilmember Black asked how much screening would be provided. Director Hurlburt estimated that about half of a semi trailer parked at the proposed location would be screened. In response to a question by Councilmember Spigner, Director Hurlburt said the developer did not meet with the neighbors to explain the revisions to the plan which have occurred subsequent to the Planning Commission meeting. Greg Frank, McCombs Frank Roos Associates, and John Lavander, Caliber Development Corporation, addressed the Council. Mr. Frank said this plat was approved in 1988 and predated the 300 -foot loading dock setback requirement from residential properties. There is a wetland on the property which creates spatial separation from this site and the residential properties to the west, and he believes the intent of the ordinance is met. Mr. Adopted City Council Minutes November 4, 1998 Page 10 Frank said the berm will be eight feet high. The other three sides of the proposed building would be office finish and have a good visual impact for the area. Councilmember Spigner asked if the petitioner had met with the neighbors to discuss the revised plan. Mr. Frank said that public input at the September 22 Planning Commission meeting was considered when drafting the proposed plan changes, but they have not had time to meet with the neighbors. In response to a question by Councilmember Johnson, Director Hurlburt explained that the staff report was available on Friday, but the revised plans were available prior to that time. Mr. Frank said the plans have been available at City Hall since October 9. Karen Nevin, 15605 Unit C 24`' Avenue North, represented the Ashburne Townhome Association and its 84 owners. She said the developer has made no attempt to contact the neighborhood about the proposed plan changes. She said that three buildings along the ponding area would be directly affected by the proposal. These are three-level units, with the living area on the second and third floors. She presented a petition opposing location of the loading docks due to the proximity to the adjacent residences and the hours of operation. She questioned why the proposed number of loading docks are needed when the building will have a ratio of 80/20 percent office/showroom. Ms. Nevin also expressed concerns about security lighting on the property and landscaping. She presented pictures and said there have been problems with landscaping, property maintenance, and cleanliness in a similar Caliber development in the City. In response to a question from Councilmember Wold, Ms. Nevin said the neighbors are willing to meet with the developer to discuss these issues. Director Hurlburt responded to resident comments. She said that residents are provided with specific notice of public hearings, but not the City Council meetings. The proposed resolution includes a condition which would limit hours of operation of the loading docks from 7 a.m. to 10 p.m. The resolution conditions also cover light shielding. She said it is required that a developer screen parking and loading areas, but there is no ordinance requirement to screen the building. Staff is checking all of the properties cited at the public hearing with regard to site cleanliness problems. She said that staff will continue to respond to complaints as they are received. Councilmember Wold directed staff to provide a report on what it would take to have more overall compliance enforcement in the City. Adopted City Council Minutes November 4, 1998 Page 11 Councilmember Black asked if any commercial project could meet the 300 foot setback requirement. Director Hurlburt responded that no project with a loading area could meet the ordinance. John Lavander, President of Caliber Development, said he will start project development this fall. He said that the photographs presented by the resident were taken on the day when the dumpster was rebuilt. He has had to eliminate his recycling program to get down to one dumpster, and he has continual discussions with tenants about maintenance issues. Mr. Lavander invited anyone with concerns about his developments to directly contact him. He believes that the proposed changes to the development respond to resident concerns expressed at the public hearing. He added that a closing on the property is scheduled this week. In response to a question by Councilmember Johnson, staff explained that approximately 250 homeowners were within the 750' area and received notice of the application. Councilmember Black acknowledged that refuse storage is a problem. She directed that staff consider various storage areas and develop a needs analysis of how many square feet may be needed per employee or per business in order to determine what is needed for garbage and recycling storage. Councilmember Spigner noted that this application has a December 29 review deadline. Motion was made by Councilmember Bildsoe, seconded by Councilmember Wold, to postpone this item so that the applicant has an opportunity to achieve compliance and meet with the neighbors. Councilmember Wold said there is merit to the proposed project and the developer has made efforts to mitigate the neighborhood concerns. However, the Planning Commission recommended denial of the request, and he believes the issues could be further discussed and negotiated. Councilmember Spigner encouraged the applicant and neighbors to discuss the issues involved with the application. Councilmember Johnson said that it is the City's responsibility to keep citizens informed, and citizens don't feel they are getting information in a timely manner. She believes that a second notice should be sent to affected residents informing them of the date an item will be heard by the City Council and including any potential new information relating to the application. She suggested the City consider a policy change so that citizens receive notice of meetings subsequent to the Planning Commission public hearing. Adopted City Council Minutes November 4, 1998 Page 12 Councilmember Preus opposed tabling the item. The applicant went through the proper process and proposed changes to the plan to address resident comments from the public hearing. All of the concerns expressed in the petition received at this meeting have already been addressed by the applicant. Councilmember Black agreed that the applicant has made a good faith effort to address resident concerns, but she has concerns about the proximity of the loading docks to the residences. Councilmember Johnson asked Ms. Nevin if she supports the proposed conditions which address the issues raised in the petition. Ms. Nevin said the residents were unaware of the proposed changes. She believes that the question should be addressed to an officer of the Association. Councilmember Spigner noted that the revised resolution addresses everything mentioned in the petition. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to call the question. Motion carried, six ayes. Motion to postpone failed: Bildsoe, Wold and Spigner ayes; Johnson, Black, and Preus nays. Motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to reconsider the motion to postpone. Councilmember Bildsoe explained that postponing the item will allow staff to address compliance issues and report back on November 18. The residents and the applicant have an interesting in bringing forward this development. Councilmember Spigner supported a postponement in order to get other properties owned by the developer into compliance. It also would provide an opportunity for a meeting of the developer and the neighbors. Councilmember Johnson questioned whether it is appropriate to withhold approval of an application due to noncompliance issues on other properties owned by the developer. Councilmember Bildsoe clarified that he is not suggesting that this application be denied. He supports postponement in order to encourage discussion and work toward compliance. Director Hurlburt said the Council does not need a reason to delay action as long as it is within the statutory time frame. Adopted City Council Minutes November 4, 1998 Page 13 Councilmember Johnson asked about the closing scheduled for this week and whether the project will be discontinued if action is delayed. Mr. Lavander said the project may not be continued if delayed because construction could likely not begin this fall. He noted the project has indoor trash storage. Motion to reconsider carried: Bildsoe, Wold, Spigner, and Johnson ayes; Black and Preus nays. Councilmember Black said that she views the compliance issues as a problem throughout the City. She believes that Council directions to staff during this discussion will begin to address those concerns. Councilmember Preus said that he would support postponement if it would help to solve a problem. However, all of the residents' concerns have been addressed in the proposed resolution. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to call the question. Motion carried, six ayes. Motion to postpone failed: Bildsoe, Wold, Spigner ayes; Johnson, Black, and Preus nays. Motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to adopt ORDINANCE 98-37 AMENDING CHAPTER 21 OF THE CITY CODE TO AMEND PUD 83-1 FOR PROPERTY LOCATED AT THE NORTHWEST QUADRANT OF POLARIS LANE NORTH AND 25TH AVENUE NORTH (98146), with the condition that the developer meet with the neighbors. Director Hurlburt explained that this condition cannot be placed in the ordinance, and she is unsure if it should be included in the PUD General Plan approval. Motion failed (5/7 vote needed for passage): Bildsoe, Johnson, Black, and Preus ayes; Wold and Spigner nays. Motion was made by Councilmember Spigner, seconded by Councilmember Johnson, to reconsider the motion to adopt the ordinance. Motion carried, six ayes. Councilmember Wold said the Planning Commission recommended denial of the application. While he appreciates that some of the issues have been addressed, residents have expressed concerns about a number of issues. Adopted City Council Minutes November 4, 1998 Page 14 Councilmember-Johnson directed staff to prepare a resolution for Council consideration which would establish a policy of notifying neighbors of an upcoming City Council meeting, new proposals, and plan revisions, subsequent to the Planning Commission hearing and recommendation. Motion to adopt ordinance failed (5/7 vote needed for passage): Bildsoe, Johnson, Black, and Preus ayes; Wold and Spigner nays. Acting Mayor Preus called a five-minute break. Motion was made by Councilmember Spigner, seconded by Councilmember Johnson, to reconsider the ordinance and table it to the final item on this agenda. Motion carried, six ayes. Item 8.3 Theodore W. Flesner (98162) Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt ORDINANCE 98-38 AMENDING CHAPTER 21 (ZONING ORDINANCE) OF THE CITY CODE TO CLASSIFY CERTAIN LAND LOCATED AT 16220 OLD ROCKFORD ROAD (98162). Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 98-689 APPROVING CONDITIONAL USE PERMIT FOR THEODORE FLESNER FOR PROPERTY LOCATED AT 16220 OLD ROCKFORD ROAD (98162). Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 98-690 APPROVING PRELIMINARY PLAT FOR THEODORE FLESNER FOR PROPERTY LOCATED AT 16220 OLD ROCKFORD ROAD (98162). Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 98-691 APPROVING FINDINGS OF FACT FOR REZONING OF THE PROPERTY LOCATED AT 16220 OLD ROCKFORD ROAD (98162). Motion carried, six ayes. Councilmember Black explained that she was initially concerned about filling of the floodplain relating to this application; however, there will be more flood storage post - construction than currently exists. Item 8.4 Dennis Begin (98135) Director Hurlburt presented the staff report on the variance requests of Dennis Begin for redevelopment of a non -conforming lot and increased impervious surface area coverage in the Shoreland Management Overlay District for property located at 2675 Medicine Adopted City Council Minutes November 4, 1998 Page 15 Ridge Road. The Planning Commission and staff recommend approval of the minimum lot size variance but denial of the variance from the maximum impervious surface area coverage because it is possible to construct a reasonable sized home on the property. Motion was made by Councilmember Black, seconded by Councilmember Wold, to adopt RESOLUTION 98-692A APPROVING VARIANCE REQUEST FOR DENNIS BEGIN FOR PROPERTY LOCATED AT 2675 MEDICINE RIDGE ROAD (98135). Motion carried: five ayes; Bildsoe absent. Motion was made by Councilmember Black, seconded by Councilmember Wold, to adopt RESOLUTION 98-692B DENYING VARIANCE TO INCREASE IMPERVIOUS SURFACE AREA FROM 25 PERCENT TO 35 PERCENT FOR DENNIS BEGIN FOR PROPERTY LOCATED AT 2675 MEDICINE RIDGE ROAD (98135). Motion carried: five ayes; Bildsoe absent. Item 8.5 Financial Report Finance Director Hahn presented the third quarter financial report. He said the sewer fund is performing well and expenditures are down, which is accredited to the sump pump program and the dry summer. It appears that ice revenues will exceed expenditures and the projected revenues for the year. Manager Johnson noted that the City Council has requested that more detailed information be provided with the quarterly financial reports. The reports will be placed on the regular agenda for presentation and discussion, rather than on the consent agenda. Councilmember Black requested that staff keep the Council apprised of upcoming legislative actions. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to accept the third quarter Financial Report. Motion carried: five ayes; Bildsoe absent. 8.6 (6.8) Livable Communities Act Councilmember Spigner said it is her understanding that the consent agenda is for routine manners. She doesn't believe that the City's continued participation in the Livable Communities Act is a routine item, and she would like the community to know what the City is doing with this item. Community Development Hurlburt explained that the state legislature created the Livable Communities Act in 1995. It requires each city to adopt housing goals and take efforts to further affordable housing in the community. She explained that there was a significant amount of new rental housing in 1998. The City met its goal in 1996, but dropped off in 1997. The City has not been required to expend any funds as a result of its participation in the Livable Communities program, and she explained advantages to participation in the Adopted City Council Minutes November 4, 1998 Page 16 program. The law requires that the City reaffirm its participation in the program each year. The Planning Commission and Housing and Redevelopment Authority have recommended continued participation in the Livable Communities program. Councilmember Spigner asked a number of questions relating to the program. Director Hurlburt responded that the program makes the City eligible to leverage additional funds from the Minnesota Housing Finance Agency, the Minneapolis -St. Paul Family Housing Fund, and the Department of Trade and Economic Development. The Shenandoah apartments project received about $20,000 due to the program. She explained the percentage of affordable units as related to family size, income, and other factors. The income ranges are based on a metropolitan area median; not just Plymouth. The 35 percent goal for rental housing is Plymouth's goal; it is not a regional goal. Motion was made by Councilmember Wold, seconded by Councilmember Johnson, to adopt RESOLUTION 98-693 ELECTING TO CONTINUE PARTICIPATION IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT FOR CALENDAR YEAR 1999. Councilmember Wold said this is a routine item which warrants placement on the consent agenda because the City Council has discussed it many times. In order to maintain a strong economic base, the City needs diversity in housing stock. The City has benefited from the program and it should be continued. Councilmember Spigner agreed that this is a good program, but said that it is not routine and the community needs to know about it. Motion carried: five ayes; Bildsoe absent. Item 9.1 Surface Water Management Plan Study Session Councilmember Black suggested that the Council establish a study session on consideration of the proposed Surface Water Management Plan. Councilmember Johnson said the new Councilmembers should be included in this study session. Councilmember Wold stated that this is a significant issue that will be administered by the new City Council. He believes that the issue should be delayed until January so the new Council makes the decisions on how to administer it. Motion was made by Councilmember Johnson, seconded by Councilmember Wold, to establish a study session in November or December on the Surface Water Management Plan and include new councilmembers in the meeting. Adopted City Council Minutes November 4, 1998 Page 17 Motion to amend was made by Councilmember Black, seconded by Councilmember Johnson, to schedule the study session on or before mid-December. Motion to amend carried, six ayes. Main motion carried, six ayes. 9.2 Charter Amendment Councilmember Wold noted that the proposed amendment to the Plymouth Charter was adopted by voters. The amendment gives the Council the opportunity to adopt an ordinance requiring a supermajority vote for a tax rate increase. He said that this Council could enact the ordinance and directed staff to draft the ordinance and place it on the agenda for consideration. Motion was made by Councilmember Black, seconded by Councilmember Johnson, to suspend the rules and continue the meeting to 10:15 p.m. Motion carried, six ayes. 8.1 Caliber Development Corporation (98146) Acting Mayor Preus announced that there is a motion on the table to adopt Ordinance 98- 37 approving an amendment to the Zoning Ordinance for Caliber Development Corporation (98146). It requires a 5/7 vote for approval. Councilmember Bildsoe reported on discussions with the neighbors and the applicant. There was discussion of moving the loading docks, but this is not possible. There was discussion of the landscaping, wetlands, and buffers, and the need for the City to focus on compliance. A revised a condition is proposed which would limit truck traffic at the loading dock area from 7 a.m. to 7 p.m. Ms. Nevin said the issue is how the Council addresses issues from the Planning Commission to the City Council and notification to residents. The City also needs to do more with compliance. Councilmember Wold asked if the residents are comfortable with the Council acting tonight. Ms. Nevin said the four issues on the petition have been addressed to some degree and there has been good faith discussion on both sides. Councilmember Johnson said the City needs to improve its communications. Motion carried, six ayes. Adopted City Council Minutes November 4, 1998 Page 18 Motion was made by Councilmember Wold, seconded by Councilmember Johnson, to adopt RESOLUTION 98-686 APPROVING FINDINGS OF FACT FOR AMENDING THE ZONING ORDINANCE TEXT FOR PROPERTY LOCATED AT THE NORTHWEST QUADRANT OF POLARIS LANE NORTH AND 25TH AVENUE NORTH (98146). Motion carried, six ayes. Motion was made by Councilmember Wold, seconded by Councilmember Johnson, to adopt RESOLUTION 98-687 APPROVING PUD GENERAL PLAN AMENDMENT FOR CALIBER DEVELOPMENT CORPORATION FOR PROPERTY LOCATED AT THE NORTHWEST QUADRANT OF POLARIS LANE NORTH AND 25TH AVENUE NORTH (98146), with the condition that loading dock operations shall be prohibited between the hours of 7 p.m. and 7 a.m. Motion carried, six ayes. Motion was made by Councilmember Wold, seconded by Councilmember Johnson, to adopt RESOLUTION 98-688 APPROVING FINAL PLAT FOR CALIBER DEVELOPMENT CORPORATION FOR PROPERTY LOCATED AT THE NORTHWEST QUADRANT OF POLARIS LANE NORTH AND 25TH AVENUE NORTH (98146F). Motion carried, six ayes. Councilmember Spigner said that she believes a city court system would be able to address these types of enforcement issues. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adjourn the meeting at 10:10 p.m. Motion carried, six ayes. Eadhe Ahrens City Clerk