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HomeMy WebLinkAboutCity Council Minutes 08-06-1997MINUTES REGULAR COUNCIL MEETING AUGUST 6,1997 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Council Chambers, 3400 Plymouth Blvd., on August 6, 1997. COUNCIL PRESENT: Mayor Tierney; Councilmembers Bildsoe, Johnson, Preus, Spigner, and Black. Councilmember Wold arrived at 8:40 p.m. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Planning Supervisor Senness, Park Director Blank, Public Safety Director Gerdes, Finance Director Hahn, City Attorney Knutson, and City Clerk Ahrens. Item 3-A Plymouth Forum; Seven Ponds Commercial Planned Unit Development Mike Johnson, 3345 Everest Court, appeared on behalf of the Seven Ponds Homeowners Association. He said that trucks are dumping gravel and sand on the Seven Ponds commercial site. Campers and grills have also been brought to the site. He has learned that the site is being used as a holding area for blacktopping materials. Dump trucks and semi tractor trailers are entering and exiting the site, and some are idling on the site all day. The diesel odor is a nuisance. He requested that the Council order the trucks removed from the site. Ken Solom, 3295 Garland Lane, also expressed concern about the problems associated with trucks on the site. Public Safety Director Gerdes said that police officers will check the area after 10 p.m. for possible noise violations. Public Works Director Moore said that he was unaware of the situation, but believes that the City's sealcoat contractor may be using the site for a staging area. The sealcoating program takes three to four days to complete. Councilmember Johnson said that she believes the use of Garland Lane by trucks is unacceptable. In response to a question by Councilmember Black, Director Moore said it is not normal practice for sealcoating trucks to be on site for extended periods of time. Regular Council Meeting August 6, 1997 Page 2 Item 3-B Drainage Problem Edward Teisanu spoke on behalf of his father, Nicholai Teisanu, 2540 Medicine Ridge Road. Since the adjacent home was built two year ago, Mr. Casauno has experienced damage from drainage water. He believes that the City failed to properly approve the grading and elevation of the property. Public Works Director Moore said this is a drainage issue between two property owners. The City has made suggestions on how the issue could be resolved. Councilmember Spigner suggested that the resident contact the City's housing office to inquire if financial assistance may be available to address the problem. Item 4-A National Night Out Public Safety Director Gerdes and Public Safety Information Specialist Cwayna reported on a successful National Night Out. Item 5 Approve Agenda Councilmember Preus requested that an item be added to the agenda for discussion purposes -- information distributed to the Councilmembers regarding former Councilmember Lymangood's request for information from the City of Corcoran. Motion was made by Councilmember Black, seconded by Councilmember Johnson, to approve the agenda as amended. Motion carried, six ayes. Item 6 Consent Agenda Items 6-E, 6-I, and 6-U were removed from the Consent Agenda. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to approve the Consent Agenda as amended. Motion carried, six ayes. Jerome Ruffenach, 4015 42"d Avenue North, Robbinsdale, thanked the Council for approving the target and trap shoot license for the Plymouth Gun Club. Item 6-A Approve Minutes Motion was made by Councilmember Spigner, seconded by Councilmember Black, to approve the minutes of the June 4, 1997 Special Meeting, the June 16, 1997 Special Meeting, the June 18, 1997 Special Meeting, the July 9, Regular Council Meeting August 6, 1997 Page 3 1997 Regular Meeting, and the July 23, 1997 Regular Meeting. Motion carried, six ayes. Item 6-11 Approve Disbursements Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 97-446 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING JULY 25,1997. Motion carried, six ayes. Item 6-C Environmental Structures - Site Plan Amendment Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 97-447 APPROVING SITE PLAN AMENDMENT FOR ENVIRONMENTAL STRUCTURES, INC. FOR A BUILDING AND PARKING EXPANSION FOR JP FOODSERVICE, INC., LOCATED AT 9605 54TH AVENUE NORTH (97098). Motion carried, six ayes. Item 6-D Baker Partners, Inc. Land Use Guide Plan Amendment (97070) Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 97-448 APPROVING LAND USE GUIDE PLAN AMENDMENT FOR BAKER PARTNERS, INC., FOR PROPERTY LOCATED NORTH OF ROCKFORD ROAD, BETWEEN I-494 AND BERKSHIRE LANE (97070). Motion carried, six ayes. Item 6-F Gerald Harty - Side Yard Setback Variance (97081) Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 97-449 APPROVING SIDE YARD SETBACK VARIANCES FOR GERALD HARTY FOR PROPERTY LOCATED AT 2530 WEST MEDICINE LAKE DRIVE (97081). Motion carried, six ayes. Item 6-G John and Karen Gray. Approve Interim Use Permit (97087) Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 97-450 APPROVING AN INTERIM USE PERMIT FOR JOHN AND KAREN GRAY FOR DEPOSIT OF 600 CUBIC YARDS OF FILL AT PROPERTY LOCATED EAST OF 4460 COMSTOCK LANE NORTH (97087). Motion carried, six ayes. Item 6-H Alternatives to "All -Way" Stop Signs Near Juneau Lane and 14" Avenue Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 97-451 ORDERING PUBLIC HEARING TO CONSIDER THE CLOSING OF JUNEAU LANE/14TH AVENUE NEAR LIONS PARK. Motion carried, six ayes. Regular Council Meeting August 6, 1997 Page 4 Item 64 Second Quarter 1997 Financial Report Motion was made by Councilmember Spigner, seconded by Councilmember Black, to accept the Second Quarter 1997 Financial Report. Motion carried, six ayes. Item 6-K Establish Special City Council Meetings Motion was made by Councilmember Spigner, seconded by Councilmember Black, to establish a Special City Council meeting on August 18, 1997 at 6:00 p.m. at the Wayzata school offices for the purpose of meeting with the Wayzata District 284 School Board to discuss a proposed Activity Center, Northwest Plymouth Planning, a proposed skateboard park, local government curriculum, other issues of mutual interest, and tour the new Wayzata High School. Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to establish a Special City Council meeting on August 26, 1997 at 7:00 p.m. at the Maple Grove City offices for the purpose of meeting with the Maple Grove City Council to discuss issues of mutual interest to both cities. Motion carried, six ayes. Item 6-L Establish Regular Council Meeting on September 10, 1997 Motion was made by Councilmember Spigner, seconded by Councilmember Black, to establish a Regular City Council meeting on September 10, 1997 at 7:00 p.m. in the Council. Motion carried, six ayes. Item 6-M Set Public Hearing for 1997 Delinquent Utilities Fees Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 97-452 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR DELINQUENT WATER, SEWER, RECYCLING AND STREET LIGHTING SERVICE CHARGES, UNPAID ANNUAL STREET LIGHTING FOR UNIMPROVED PARCELS AND UNPAID ANNUAL RECYCLING FEES. Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 97-453 CALLING FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR DELINQUENT WATER, SEWER, RECYCLING AND STREET LIGHTING SERVICE CHARGES, UNPAID ANNUAL STREET LIGHTING FOR UNIMPROVED PARCELS AND UNPAID ANNUAL RECYCLING FEES. Motion carried, six ayes. Regular Council Meeting August 6, 1997 Page 5 Item 6-N Reduction in Required Financial Guarantee Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 97-454 REDUCING REQUIRED FINANCIAL GUARANTEE, FORSTER PRESERVE ADDITION(92090). Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 97-455 REDUCING REQUIRED FINANCIAL GUARANTEE, SHORES OF KRAETZ LAKE ADDITION (94135). Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 97-456 REDUCING REQUIRED FINANCIAL GUARANTEE, HOLLY CREEK 5TH ADDITION (96005). Motion carried, six ayes. Item 6-0 Award Contract for City Project No. 7005 Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 97-457 RESOLUTION AWARDING BID, SCHMIDT LAKE ROAD STREET AND UTILITIES, CITY PROJECT NO. 7005. Motion carried, six ayes. Item 6-P-1 Certificates of Exemption from the Wetland Conservation Act Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 97-458 AUTHORIZING THE MAYOR TO SIGN THE CERTIFICATE OF EXEMPTION FROM THE 1991 WETLAND ACT, CITY OF PLYMOUTH, GREENWOOD SCHOOL PLAYFIELD, SE % NW 1/4 NW % SECTION 18, T118, R.22. Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 97-459 AUTHORIZING THE MAYOR TO SIGN THE CERTIFICATE OF EXEMPTION FROM THE 1991 WETLAND ACT, HOLIDAY COMPANIES, SW CORNER OF HIGHWAY 169 AND SCHMIDT LAKE ROAD, SE NW SECTION 12, T118, R.22W. Motion carried, six ayes. Regular Council Meeting August 6, 1997 Page 6 Item 6-Q-1 Wetland Mitigation and Replacement Plan, Mann Theaters Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 97-460 APPROVING FILLING WETLANDS AND THE WETLAND REPLACEMENT PLAN FOR MANN THEATER STORM WATER QUALITY AND WETLAND MITIGATION PROJECT, NW'/4 SE'/4 SECTION 21, T118, R.22W. Motion carried, six ayes. Item 6-Q-2 Storm Drainage Improvements, Mann Theaters Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 97-461 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, TOWN CENTER/MANN THEATER STORM DRAINAGE IMPROVEMENTS, CITY PROJECT NO. 7011. Motion carried, six ayes. Item 6-11 Garbage Hauler License for Westonka Sanitation Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 97-462 APPROVING GARBAGE HAULER LICENSE FOR WESTONKA SANITATION. Motion carried, six ayes. Item 6-S Target and Trap Shoot License Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 97-463 APPROVING TARGET AND TRAP SHOOT LICENSE FOR PLYMOUTH GUN CLUB. Motion carried, six ayes. Item 6-T Lawful Gambling Exemption Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 97-464 FINDING NO OBJECTION TO LAWFUL GAMBLING EXEMPTION FOR DOWN SYNDROME ASSOCIATION OF MINNESOTA. Motion carried, six ayes. Item 8-a (6-U) Policy on Conduct of City Council Meetings Motion was made by Councilmember Preus, seconded by Councilmember Black, to approve changes to the policy on the conduct of City Council meetings, as outlined in the staff report. Councilmember Preus said that the Council has not been particularly proud of the conduct of several recent council meetings. The Council recently held a special meeting and discussed the Council's meeting policies and scheduling. He assured residents that the Council is working on the issue. Regular Council Meeting August 6, 1997 Page 7 He said that Council members receive and review all information as items go through the Planning Commission meetings. Since Councilmembers have reviewed the record, they request that only new information be provided at Council meetings. Motion carried, six ayes. Item 8-A Peter Andrea Company. Planned Unit Development General Plan Amendment for Property at 22"d Avenue and Shenandoah Lane Community Development Director Hurlburt presented the staff report on the request of Peter Andrea Company for approval of a Planned Unit Development General Plan Amendment for a 64 -unit apartment building for property located at the northwest corner of Shenandoah Lane and 22"d Avenue. Under the original planned unit development, this site was approved for a minimum of 105 apartment units. The General Plan Amendment is needed to allow a project with less units than originally approved. The Planning Commission recommended approval of the request. The main concern expressed by residents at the public hearing was that this is an affordable housing project and how that relates to the distribution of rental housing and affordable housing in the City. Staff provided information at the Planning Commission meeting about affordable housing in the City. Concerns were also expressed about public safety as it relates to multi -family housing in general, and specifically in this neighborhood. Public Safety staff spoke on this issue at the Planning Commission meeting. Director Hurlburt showed several pictures of the site and the neighborhood. In response to a question from Councilmember Johnson, Manager Johnson clarified that no action is being taken this evening with respect to tax increment financing assistance for the project. Gary Tushie, Tushie Montgomery and Associates, showed several views of the proposed structure and landscaping. Councilmember Bildsoe asked how big the trees would be when planted. Mr. Tushie responded that the drawings show the trees after a 10 -year growth. Councilmember Bildsoe asked the applicant whether he will participate in the City's Crime Free Multi -Housing Program. The applicant confirmed that he intends to participate in this program. Regular Council Meeting August 6, 1997 Page 8 Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 97-465 APPROVING PLANNED UNIT DEVELOPMENT GENERAL PLAN AMENDMENT FOR PETER ANDREA COMPANY FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF SHENANDOAH LANE AND 22ND AVENUE (97047), ORDINANCE 97-16 AMENDING CHAPTER 21 OF THE CITY CODE TO AMEND PUD 81-1 FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF 22ND AND SHENANDOAH 97047), and RESOLUTION 97-466 APPROVING FINDINGS OF FACT FOR AMENDING THE ZONING ORDINANCE TEXT FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF SHENANDOAH LANE AND 22ND AVENUE (97047). Roberta Hooyman, 2240 Ranchview Lane, Unit 73, said that she supports the subsidized units and mixing the subsidized units into the project. She is concerned that the original project with 120 units would have resulted in 55 percent of the units at full market rentals, while the reduction to 64 units dropped the percentage of full market rentals to 28 percent. She is concerned that this could lead to possible problems. She also believes that the development should be required to join the master Parkers Lake Association. If this development should opt out of the master association, an unfair financial burden would be placed on the other developments in the area. She said that some of the information was incorrect on the Shenandoah fact sheet prepared by the City. Community Development Director Hurlburt said that the original Parkers Lake planned unit development included land between Dunkirk Lane and Vicksburg Lane. The calculations in the fact sheet include the entire development -- not just the multi -family area. She said there is a requirement in the resolution that this development is to pay a proportional share in the master association. Motion carried, six ayes. Item 8-B East Medicine Lake Blvd. Improvements, Project 7006 City Manager Johnson presented several new pieces of correspondence received on this project in the past few days. Public Works Director Moore reported on the July 31 public information meeting on the proposed East Medicine Lake Blvd. regional trail and street reconstruction improvements. Notice of the meeting was mailed to 830 residences, with about 40 residents in attendance. The following issues were discussed: Necessity of left -turn lane for Armstrong High School, resident Regular Council Meeting August 6, 1997 Page 9 statement of inappropriate use of the fire lane on the school property for bus parking, lake access and dock rights for existing owners, possibility of burying the overhead utility lines, and saving more trees relating to the trail construction. Director Moore recommended that the Council direct staff to investigate the cost to both the City and the property owners to install underground the existing overhead utility lines from 36`h Avenue to Medicine Ridge Road. Director Moore summarized letters received since the Council packets were distributed. He presented a letter from Peter Tysdal regarding right-of-way issues. Director Moore said that the City is proposing to use the 33 foot right- of-way for East Medicine Lake Blvd. If there is a discrepancy between the property irons and the plat on file, then a registered land surveyor would be hired to resolve the discrepancy. This is an old area of the City, and discrepancies are possible. Letters were also received from Lawrence Nelson questioning the need for a left -turn lane into the high school and from School District 281 supporting the left -turn lane for safety reasons. Director Moore summarized a letter from Paul Granowski, 3510 East Medicine Lake Drive, regarding the need for the left -turn lane and stating that the roadway does not need reconstruction. A letter from Norbert Herby indicates that there is no need for a turn lane. He also addressed issues of roadway width and previous assessments. He said that a petition signed by 18 property owners addressed several items -- elimination of the green space between the trail and the road, shifting the road and trail further from the lake, narrowing the trail, eliminating the chain link fence, extending the split rail fence, burying the utility lines, removing the park bench and bicycle rack at the intersection of 32"d Avenue, eliminating the left -turn lane at the entrance to the high school, and placing all -way stop signs at 34`h Avenue. Director Moore said that a green strip is proposed for additional safety, and no private lakeshore property will be taken under the project. If the roadway were shifted, private property would need to be acquired on the east side of the road. The Park District requires a 12 foot trail width for safety reasons, and a chain link fence is also proposed in areas where a retaining wall is constructed for the safety of trail users. The City will investigate the cost of burying the utility lines. The bicycle rack and park bench is being provided for the convenience of trail users and would be located on Park District property. Director Moore said that this is a collector street and serves a large area of the City. The 20 -year traffic projections on East Medicine Lake Blvd. from Highway 169 to Medicine Lake are 7,000 to 8,000 vehicles per day, and staff would not recommend this as an appropriate location for all -way stops. Regular Council Meeting August 6, 1997 Page 10 Councilmember Preus asked if it would be possible to relocate the bicycle rack and park bench so it would not be in the sight line of the residences. Public Works Director Moore said that this can be investigated, but it would probably be within the sight line of some residence. Councilmember Preus asked how Mr. Tysdal's right-of-way concerns would be addressed. Director Moore said that the property lines will be located to determine whether they correspond with the surveys and plats. At this time, the City knows of no discrepancy that would prevent building of the road or trail as planned. At this location, only a six foot interim trail is proposed; however, it would be located within the street right-of-way area where Mr. Tysdal indicated his tenants currently park vehicles. Councilmember Bildsoe said that one resident had indicated that the buses at Armstrong High School are not supposed to use the fire lane around the high school. Public Works Director Moore responded that this issue is being considered by the Public Safety Department. Staff has researched the City records and found that Armstrong High School was built in 1969. The City has no records or site plans on the project because Plymouth was not a City or a Village at that time. Manager Johnson said that School District 281 officials are also researching the issue. Mayor Tierney said that concerns have been expressed about the width of the road and the need for a turn lane. Public Works Director Moore showed a map indicating the area where the roadway is proposed to be widened from 40 to 44 feet to accommodate a left - turn lane. The additional four feet would be used for a painted median which would enhance safety. The roadway is proposed at a 44 foot width from 36`h Avenue to the high school entrance, and then the roadway narrows to a standard 32 foot width. No decision has been made on whether there would be a future turn lane on 36`h Avenue for southbound traffic on Zachary Lane. Peter Tysdal, 3015 East Medicine Lake Blvd., (and owner of adjoining property at 3005 East Medicine Lake Blvd.) disputed the property line. His Regular Council Meeting August 6, 1997 Page 11 property would be within two feet of the pavement which will result in parking problems for his tenants. He asked that the City obtain a registered survey to resolve the right-of-way matter. Deanna McCormick, 3150 East Medicine Lake Blvd., said that her father, Wallace Charles, has not received a response from the City regarding his right-of-way concerns. He believes that the legal status of the roadway rights should be addressed before the project proceeds. Ms. McCormick said that residents would like the bicycle rack and bench moved elsewhere along the trail so that it does not encourage additional traffic to congregate near their homes. She also suggested that a shorter fence be considered to lessen the visual impact. Wallace Charles, 3150 East Medicine Lake Blvd., said he has been trying to clarify the matter of title to the property and right-of-way. He requested that the property dispute be resolved. Lawrence Nelson, 3516 East Medicine Lake Blvd., said that the turn lane could cause traffic to increase speed which would create a dangerous situation. Ann Mueting, 10920 32"d Avenue North, said that a number of residents submitted a letter with a list of changes that they would like to the project. Paul Molnau, 3190 East Medicine Lake Blvd., said that he disagrees with staff that the road alignment cannot be moved easterly. He said that his lake lot will be worthless if the road and trail are installed as planned because there would be a seven -foot drop from the edge of the roadway to his lot and significant fill would be needed. He requested that an appraisal of his lot be done now and again after the project so that he can be compensated for the difference in value. He objected to the 12 -foot trail. Public Works Director Moore said that Mr. Molnau's lot is a small parcel of land with about 35 feet of frontage. In order to install an improved trail, a retaining wall is needed due to the topography. Fill would be needed for the trail. He explained that if the road were moved easterly, the City would need to acquire additional land, and he does not believe that the roadway could be moved enough to significantly lessen the height of the retaining wall. In response to a question from Councilmember Black, Director Moore said that property owners would need to construct their own access to the lake. Councilmember Johnson suggested that the City may be able to assist with the access to the lake for private owners which would make it more uniform. Regular Council Meeting August 6, 1997 Page 12 Public Works Director Moore said that this could be considered, but there are many issues relating to lake access and dock rights. Some property owners have private access rights over land the City owns. On the other side of the lake, it was determined that an opening would be left for each property owner to construct an access. Councilmember Wold arrived at 8:40 p.m. Councilmember Preus asked staff to address Mr. Molnau's comment that fill would be installed on his lot. Public Works Director Moore said that no fill would be placed on Mr. Molnau's property unless the Park District acquires the rights to do so. If Mr. Molnau desires to have fill on his property, the Park District would likely consider the request because the cost of fill is less than the cost of constructing the retaining wall. Mr. Molnau's property will not be changed in any fashion, but he will now have to get from the retaining wall to his property. Director Moore said the proposed park bench is not in a direct sight line of a home, and there is no opportunity to move it southerly because of the retaining wall. He explained that the City Attorney is researching the right-of-way issue presented by Mr. Charles. It will need to be resolved before construction is started in this area and it applies only to two property owners. If it is determined that there is a problem with the right-of-way, then the Park District would have to acquire the proper right-of-way, modify the project, or pursue condemnation. Director Moore said that the trail on the east side of the lake is part of the regional trail which has a 12 foot standard. The trail on the west side of the lake is a City trail and the standard width is 8 feet. Kerry Brekke, 10830 34"' Avenue North, said that many residents are concerned about the safety of pedestrians on the roadway. There is a need for separation of motorists and pedestrians. Mr. Molnau said that no additional property would need to be acquired if the roadway alignment were moved easterly. Public Works Director Moore responded that there may be adequate right-of- way in front of Mr. Molnau's property to move the road easterly, but the abutting property would not have adequate right-of-way. Also, the road alignment would have to be moved substantially in order to eliminate the retaining wall on the west side. He also explained that the type and height of fence is specified by the Park District for safety reasons. Regular Council Meeting August 6, 1997 Page 13 Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 97-467 APPROVING CONSTRUCTION AGREEMENT, EAST MEDICINE LAKE REGIONAL TRAIL/STREET RECONSTRUCTION, PROJECT 7006, and RESOLUTION 97-468 AWARDING BID FOR EAST MEDICINE LAKE BOULEVARD STREET IMPROVEMENTS AND REGIONAL TRAIL, CITY PROJECT NO. 7006. Councilmember Preus said that he will vote in favor of the resolutions but urged staff to move forward to resolve the property disputes as quickly as possible. He also encouraged Mr. Molnau to meet with staff to discuss alternatives that may be available to lessen the impacts on his property access. Motion carried, seven ayes. Motion was made by Mayor Tierney, seconded by Councilmember Johnson, to reduce the street width from 44 feet to 40 feet in the area from 36`h Avenue to the school driveway. Public Works Director Moore showed a map of the area and said that the change would result in a single yellow line on the roadway to separate traffic, rather than two yellow lines with striping in between. Councilmember Wold asked why the roadway was designed at 44 feet if 40 feet is sufficient. Public Works Director Moore said that a 44 foot width would provide additional safety for school buses. If this roadway segment did not abut a school, then a 40 foot width would likely have been proposed. The existing roadway is 24 feet wide. However, there is no curb and a gravel shoulder, which currently allows vehicles to pass a stopped vehicle. Mayor Tierney said that it is better to have less impervious surface in this environmentally sensitive area. She believes that traffic congestion is an issue only for a brief period each day and does not warrant the additional street width. Councilmember Bildsoe said that he will vote against the motion for safety reasons. Councilmember Johnson stated that if the planned roadway is narrowed by four feet, safety will still be drastically improved over the existing roadway width. Regular Council Meeting August 6, 1997 Page 14 Motion carried: Johnson, Preus, Spigner, Black, and Tierney ayes; Bildsoe and Wold nays. Mayor Tierney called a five minute break. Item 8-C David Bearman, Variance (97088) Community Development Director Hurlburt presented the staff report on the variance requests of David Bearman. He is requesting a variance to allow a 10 -foot side yard setback where 15 feet is the requirement and a variance to allow a 22.75 -foot front yard wetback where 25 feet is the requirement. The home and garage addition will provide new kitchen and living space, as well as a third stall for the garage. The home is a front -to -back split which makes an addition elsewhere difficult, and the lot is pie -shaped. When this property was platted, the side yard setback was 10 feet. With the adoption of the new zoning ordinance, the setback was changed to 15 feet. Most of the homes in this neighborhood have 10 foot side -yard setbacks. The front -yard setback was 35 feet when the area was platted, and the new zoning ordinance amended this setback to 25 feet. The requested variances are the minimum necessary to build a workable addition. Director Hurlburt explained that the main issue discussed at the Planning Commission hearing was not the addition, but rather the home occupation operated on the property by the Bearmans. Staff has inspected the property on a couple of occasions and found that the Bearmans' home occupation is completely consistent with the zoning ordinance. An additional concern has been whether the addition onto the front of the garage would pose a sight obstruction to vehicles on the street. She noted that there are trees in the front yard that would create more of an obstruction than the addition. Councilmember Preus asked for clarification on the setback changes that occurred during the recent zoning ordinance adoption. Community Development Director Hurlburt explained that during the zoning ordinance preparation, staff attempted to research the history of the planned unit development setbacks and to place property in zoning classifications with similar setbacks. Some projects were missed in this review. These are projects that were approved with different setbacks before planned unit developments were in existence. She said that if staff had recognized the setbacks approved for this lot prior to adoption of the zoning ordinance, the lot would have been placed in the RFS -2 district rather than the RSF-1 district. The property would then have a 10 -foot side yard setback and the side yard variance would not be needed. Regular Council Meeting August 6, 1997 Page 15 Councilmember Preus said that it appears the City is applying the old and new ordinance standards. He asked if it is likely others will argue that a hardship exists because the City amending the zoning ordinance. Director Hurlburt said that the new ordinance standards are being applied, but the adoption of the new ordinance somewhat caused the hardship that exists. She believes that a change in the ordinance can be grounds for a variance when a hardship is created and that additional similar situations will come forward. In response to a question, Director Hurlburt said that staff initially recommended approval of the side -yard setback request, but not the front -yard setback reduction. The Planning Commission recommended approval of both setback requests. Councilmember Johnson requested that staff indicate the portion of the addition that would require the variance from the front yard setback. Director Hurlburt pointed out that a very portion of the proposed addition would require the variance from the front yard setback. David Bearman, 3725 Wellington Lane, said the addition would be used for growing family needs and not for the home occupation. He said the addition will not impede visibility for traffic on the street. Jack Spencer, 10725 36' Place North, said his daughter is seven -years old boards a bus at 36`h Avenue and Wellington Lane. There is little traffic on this street, and the trees pose more of a sight obstruction that would the addition. Mary Lou Long, 10730 36' Place North, said that a petition opposing the addition had been distributed in the neighborhood. She signed the petition when she was informed that the addition would be within 22 feet of the street and that the addition would be used to expand the home occupation business. She did not realize there was an additional 10 feet of right-of-way abutting the street and that the addition would be used for living space. She does not oppose the request. Michelle Brousseau, 3735 Wellington Lane, opposed the request. She said that 40 neighbors are opposed to the request. The addition will obstruct the view from her kitchen. Regular Council Meeting August 6, 1997 Page 16 Councilmember Bildsoe asked that a letter received from Michelle Brousseau be added to the record. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 97-469 APPROVING A VARIANCE FOR A SIDE YARD SETBACK AND A VARIANCE FOR A FRONT YARD SETBACK FOR DAVID AND CINDY BEARMAN FOR AN ADDITION TO THE HOUSE AND GARAGE AT 3725 WELLINGTON LANE NORTH (97088). Mayor Tierney said that she does not believe there is a safety factor involved from a sight obstruction; however, the addition would obstruct the view from the Brousseau home. There is hardship for both residences. Councilmember Spigner agreed, but noted that the Bearmans could construct an addition within the current setback that would obstruct the neighbor's view. The portion of the addition which requires a variance would make no difference in the view from the abutting property. Councilmember Johnson said that the existing shrubs and trees could be a greater detriment to the sight line on the street than the proposed structure. She added that the school district is willing to work with residents on the placement of bus stops. Councilmember Preus said he will vote against the resolution because he does not believe that one of the variance standards has been met. He believes the standard "That the alleged difficulty or hardship is caused by this Chapter and has not been created by any persons having an interest in the parcel of land and is not a self-created hardship" is met for the 10 -foot side yard setback variance. However, it is not met for the front -yard setback which was previously 35 feet and now a reduction from 25 feet is requested. Motion carried, five ayes; Preus and Tierney nays. Item 8-1) Robert Johnson, Delete Shared Driveway Requirement (96107) Community Development Director Hurlburt presented the staff report on the request of Robert Johnson to delete the requirement for a shared driveway for Lots 1 and 2, Block 1, Sycamore Woods Addition. Because this plat was controversial at the 1996 public hearing, staff recommends that if the Council chooses to consider the request to delete the shared driveway, it consider the amendment at the August 20 Council meeting. This would allow adequate time to notify the surrounding landowners of the proposal. In response to questions, she explained that this notice is optional, and the request could be Regular Council Meeting August 6, 1997 Page 17 acted on by the Council at this meeting. It is highly unusual to receive such a request within a year after the City Council approved the plan with conditions. Robert Johnson, 16317 Gleason Lake Road, Wayzata, introduced his attorney. John Brennan, 1000 Superior Blvd., Wayzata, explained that he was the attorney for the Fjelstul's who platted the property in 1996 and also represents Mr. Johnson. When Mr. Johnson and his wife purchased the property, they had some awareness of the restrictions; however, they later learned of aesthetic and practical problems that would be created by having a joint driveway on the east side of the property. He said that a better home could be constructed if the driveway were moved to the west side of the property. Mr. Johnson's proposal is acceptable to the City Forester because only one cottonwood tree would be lost. The Johnson's polled the neighbors, and none of them oppose the request. Mr. Brennan said that the Fjelstul's wanted to get the development approved by the City Council, therefore, they agreed to the joint driveway requirement. He said that the declaration of covenants and restrictions can be easily amended. Councilmember Wold asked if Mr. Johnson has considered sharing the driveway with the neighbor on the other side. Mr. Johnson said that he would not want continued concerns with maintenance and snow removal on a shared driveway. Councilmember Johnson said that she had spoken with the City Forester who is not concerned with the tree loss under Mr. Johnson's proposal because the cottonwood tree is crowding out an oak tree. The Forester also indicated that a shared driveway from the other side of the property could result in tree loss. Councilmember Bildsoe asked what Mr. Johnson intends to do with the vegetation along the street frontage. Mr. Johnson responded that the vegetation would be unchanged. He intends to leave all trees, except the cottonwood. Community Development Director Hurlburt said that the City Forester only looked at significant trees on the site (those over 8" in diameter). The shared driveway condition was included with the plat approval to save more trees in total. There will be tree loss with the new driveway. Councilmember Black asked about the conservation easement. Regular Council Meeting August 6, 1997 Page 18 Mr. Brennan said that the Fjelstul's placed a 50 foot conservation easement on the property when it was suggested or perhaps required by the City. Motion was made by Mayor Tierney, seconded by Councilmember Johnson, to table this item to the next meeting, to notify the neighbors of the proposal, and to request that the City Forester be in attendance to answer questions. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to call the question. Motion carried, six ayes; Johnson nay. Motion to table failed: Johnson and Tierney ayes; Wold, Preus, Black, Spigner, and Bildsoe nays. In response to a question from Councilmember Preus, Attorney Knutson said the City does not have the right to enforce private covenants. Motion was made by Mayor Tierney, seconded by Councilmember Johnson, to suspend the rules and extend the adjournment time to 10:30 p.m. Motion carried: Johnson, Black, Bildsoe, and Tierney ayes; Preus, Spigner, and Wold nays. Clayton Andersen, 510 Sycamore Circle, supported the request. He said the neighbors do not want a shared driveway in the neighborhood because there are no other shared driveways. Conflicts can occur with shared driveways with regard to maintenance. He said none of the neighbors supported a shared driveway at the time of the 1996 plat approval. Motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to adopt RESOLUTION 97-470 AMENDING RESOLUTION 96-557 FOR "SYCAMORE WOODS" TO REMOVE A REQUIREMENT THAT LOTS 1 AND 2 SHARE AN EXISTING DRIVEWAY (96107). Councilmember Johnson said that she would have preferred a public hearing but will support the request because she believes the applicant will do everything possible to preserve the vegetation and there are grading difficulties. Councilmember Preus said that he will support the request, and he does not believe it is necessary to table the issue to another meeting. Councilmember Bildsoe said that the plat request was considered while he was serving on the Planning Commission. The plat issue resulted in a very vocal public hearing. He will remain consistent and not support the request. Regular Council Meeting August 6, 1997 Page 19 Councilmember Spigner said that as a Planning Commissioner, she opposed the development proposal. However, she will vote in favor of this request because the neighbors clearly support it. Motion carried: Johnson, Preus, Spigner, Black, and Tierney ayes; Bildsoe and Wold nays. Item 8-E (6-E) Pike Lake Woods Inc., Land Use Guide Plan Amendment Community Development Director Hurlburt presented the staff report on the request to amend the Land Use Guide Plan for property located north of Bass Lake Road, east of Hemlock Lane, west of Zachary Lane, and south of the Eagle Lake Regional Park. This property currently has a small shopping center. The proposal is to retain the commercial space and to develop the remainder of the property for twin homes. The Planning Commission and staff recommend approval of the request. There are several remaining issues with the plat that would be considered with a future plat request. Councilmember Black said the staff report indicates that the property to the west may be a senior care facility. She asked how this guiding change may impact development of that facility. Community Development Director Hurlburt said the property to the west is guided LA -1 and this could also be changed in the future. Staff has not met with the owner and such a project may not work on the property. Councilmember Black said she is concerned that because of market conditions, the City has guided and developed residential areas much more quickly than commercial areas. This has decreased the City's opportunity for things like restaurants and other businesses to serve the residential areas. She would like the Council to discuss this issue. Community Development Director Hurlburt said that if this property did not have an existing commercial structure, staff would not be recommending commercial guiding. This has been a marginal commercial site, and the Planning Commission believed that reguiding the vacant portion to residential would be more compatible with the future residential property to the west and with the abutting regional park. Elizabeth Hendricks, 11510 57`h Avenue North, opposed the request and expressed concerns about more of this type of housing in the neighborhood. Regular Council Meeting August 6, 1997 Page 20 Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-471 APPROVING LAND USE GUIDE PLAN AMENDMENT FOR PIKE LAKE WOODS, INC. FOR PROPERTY LOCATED NORTH OF BASS LAKE ROAD, EAST OF HEMLOCK LANE, WEST OF ZACHARY LANE AND SOUTH OF EAGLE LAKE REGIONAL PARK (97079). Motion carried, seven ayes. Item 8-F (6-I) Mayor's Request to Exceed One -Third of Council Training Budget Councilmember Spigner said that issues relating to the Council Training and Conference budget were addressed in 1996. She asked why this request is again before the Council. Mayor Tierney said that in 1995 the Council adopted a motion to require a memo before any council member used Council training/conference funds for travel outside of the seven -county metro area. This was clarified to read written" memo in 1996. The Council also adopted an ordinance that a member may spend no more than one-third of the total budget without Council approval. She agrees with this requirement in concept, but believes the total Council training/conference budget needs to be increased. Motion was made by Councilmember Johnson, seconded by Mayor Tierney, to adopt RESOLUTION 97-472 APPROVING REGISTRATION AND LODGING EXPENSES FOR MAYOR AT NATIONAL LEAGUE OF CITIES CONFERENCE. Councilmember Johnson said that she would like to increase the funds for Council training and conferences in the 1998 budget. Councilmember Preus asked if $2,500 is the correct amount budgeted for 1997 Council Training and Conferences. He recollected a total of $2,000. Assistant Manager Lueckert said that there are two line items in the budget -- Conferences/seminars ($2,000) and education/training ($500). Conferences and seminars is generally used for travel outside of the metro area, and education/training is used for events in the metro area. Councilmember Wold requested that staff check a copy of the budget, as he believes the split is different. He also recalls that the total budget amount for 1997 was $2,000. Councilmember Preus said that he believes the budget contains a sufficient amount, and further that the Council should be cautious in allocating a large Regular Council Meeting August 6, 1997 Page 21 portion of these funds for one council member. The training funds should be spread among the members as evenly as possible. Assistant Manager Lueckert showed the 1997 budget page indicating that training is $1,000, and conferences/seminars is $1,500. Councilmember Wold said he believed that the Council had adopted a total amount of $2,000 for this item for 1997. He requested documentation on when and how that amount was changed from the 1996 amounts of $1,000 for training and $1,000 for conferences/seminars. He is also concerned about spending Plymouth tax dollars to represent the League of Minnesota Cities. Mayor Tierney said that she is on the board of the League of Minnesota Cities and there is an expectation that board members attend the state conference and national conference. However, it is not a requirement for service on the state board to attend the national conference. She will request a $100 reimbursement from the League of Minnesota Cities. Councilmember Johnson said that the Mayor is on the League of Minnesota Cities Board, but she also represents the City of Plymouth when attending conferences. The Mayor brings back information to share with the Council, arranges and pays for her own airfare, and covers other expenses. Councilmember Preus said that this item should not have been placed on the consent agenda because of the history with a similar request. He will vote against the request because this is for a National League of Cities conference, which is not Plymouth business. The Mayor's service on another board is the primary reason for her attendance and that board should pay the expenses. Motion was made by Mayor Tierney to suspend the rules and extend the adjournment time to 11:00 p.m. Motion died for lack of a second. Motion was made by Councilmember Johnson, seconded by Mayor Tierney, to suspend the rules and extend the adjournment time to 10:40 p.m. Motion failed: Bildsoe, Johnson, and Tierney ayes; Wold, Preus, Spigner, and Black nays. Councilmember Preus explained that this item is on the agenda because it needs Council pre -approval. Last year the spending took place without prior Council approval and there was disagreement about whether a memo needed to be written or could be oral. Regular Council Meeting August 6, 1997 Page 22 Motion was made by Councilmember Johnson, seconded by Mayor Tierney, to suspend the rules and extend the adjournment time to 10:35 p.m. Motion failed: Bildsoe, Johnson, and Tierney ayes; Wold, Preus, Spigner, and Black nays. Motion to adopt Resolution 97-472 carried: Bildsoe, Spigner, Johnson, Black, and Tierney ayes; Wold and Preus nays. Mayor Tierney adjourned the meeting at 10:30 p.m. Lurie Ahrens City Clerk