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