Loading...
HomeMy WebLinkAboutCity Council Minutes 01-23-2001Adopted Minutes Regular Council Meeting January 23, 2001 A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on January 23, 2001. COUNCIL PRESENT: Mayor Tierney, Councilmembers Johnson, Hewitt, Slavik, Stein, Black, and Harstad. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Public Safety Director Gerdes, Park and Recreation Director Blank, Finance Director Hahn, Community Development Director Hurlburt, Public Works Director Moore, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum Mark Brandt, 3440 Urbandale Lane North, representing the Wayzata Youth Hockey Association, stated their association enjoys utilizing the Plymouth Ice Center facility. Recently, he has contacted members of the Council regarding the scheduling of the facility. Their organization has not received the priority scheduling which was promised to them when the facility was constructed. He requested there be some type of system and/or standard operating procedure so they are advised of deadlines as it relates to scheduling priority ice time. Therefore, their organization would like the opportunity to meet to resolve this issue. He stated that in addition to the scheduling concerns, there is a problem with parking in the evenings at the ice arena. He stated the problem usually begins after 5:00 p.m. when people are at LifeTime Fitness, and the hockey programs don't begin until after 6:00 p.m. Usually, they have to park three to four blocks away. He also would like this concern discussed. Mayor Tierney and Councilmember Hewitt offered to discuss this situation with the hockey association. Paul Bridges, 440 Holly Lane, stated they have recently been assessed $12,000 for the reconstruction of Holly Lane. He stated there are two power poles on his property, and one is directly in front of his door. This power pole will have guide wires and plastic sheeting, and this would depreciate the value of their property. He has been trying to work with staff and the power company in either relocating this pole and/or burying the power line in the right-of-way. The power company has indicated that it would cost approximately $40,000 to bury the line. He Adopted City Council Minutes Regular Meeting of January 23, 2001 Page 2 of 18 asked if the Council would consider burying the power line or providing any compensation to him if there is no solution. Mayor Tierney stated the engineering staff would be contacting him to discuss this concern. Steve Gardner, 1017 10th Avenue, voiced his frustrations in the many trees that are removed in the community due to new developments, i.e. the Reserve Development. He explained there is no need for Rottlund to remove the trees on the fringe of the Reserve Development. He mentioned the City of Maple Grove's Arbor Committee, and he asked if the City could establish a similar committee to try to save more trees. Mayor Tierney stated the Environmental Quality Committee could discuss this and the City's tree preservation ordinance on how it meets the City's long-term interest. She stated she would be willing to meet with him and Community Development Director Hurlburt. Councihnember Black encouraged Mr. Gardner to attend an Environmental Quality Committee meeting. Presentations and Public Information Announcements 4.1) Oath of Office to Steven Thomas, Police Officer City Clerk Paulson administered the oath of office to Police Officer Thomas. 4.2) Announcement of Fire and Iee Festival on February 3 Recreation Supervisor Greupner announced that the 12th Annual Fire and Ice Festival would be held on February 3 from 2:00 p.m. to 7:00 p.m. at Parker's Lake Park. She highlighted the events that would be occurring at this year's event. 4.3) Derailment of Cars Public Safety Director Gerdes provided an update on the recent train derailment and the railroad's correspondence to residents regarding the cleanup of the area. He explained the railroad would begin to construct a temporary gravel road on the south side of the tracks which would aid in transporting the derailed cars and material from the site. The railroad cars on the north side of the tracks would be removed by a flat bed railcar. The Minnesota Pollution Control Agency has approved this cleanup plan. The cleanup effort should be completed by the end of February barring any unforeseen circumstances. After completion of the cleanup, the temporary road would be removed. Adopted City Council Minutes Regular Meeting of January 23, 2001 Page 3 of 18 Councilmember Slavik asked what hours during the day would the cleanup occur. Public Safety Director replied approximately 6:00 a.m. to 6:00 p.m. Public Safety Director Gerdes stated the preliminary cause of the derailment was a broken wheel on one of the cars. Approval of Agenda City Manager Johnson requested to add an update on the acquisition of homes for the County Road 101 project as item No. 9.1 under Reports and Staff Recommendations. He also requested to add a request of the Youth Advisory Council as item No. 8.5 under General Business. Councilmember Harstad requested to add a discussion on exposure to second hand smoke as item No. 9.2 under Reports and Staff Recommendations. Councilmember Black requested to add an amendment to the list of legislative issues as item No. 9.3 under Reports and Staff Recommendations. Motion was made the Consent Agenda lavik, and seconded by Councilmember Johnson, to members voting in favor, the motion carried. Mayor Tierney asked if there were any additions, corrections, or deletions to be made to the Consent Agenda. City Manager Johnson informed the Council that they received an amended resolution for item No. 6.15 which related to park dedication fees. He stated there had been a proposal to freeze the increase for affordable housing units. However, staff modified the resolution to address only park dedication fees at this time, and the other issue could be addressed later this year. Motion was made by Councilmember Black, and seconded by Councilmember Johnson to which included the following items: 6.01) Proposed Minutes of the November 28, 2000 Regular Council Meeting, Regular Meeting of December 19, 2000, and Regular Meeting of January 9, 2001. 6.02) Resolution Approving Disbursements for the Period ending January 12, 2001 (Res2001- 032). Adopted City Council Minutes Regular Meeting of January 23, 2001 Page 4 of 18 6.03) Acceptance of 2000 Annual Report and approve 2001 Work Plan for the Human Rights Commission. 6.04) Resolution Approving Sign Variance request for Parkers Lake Baptist Church on property located at 14720 County Road 6 (20186 — Res2001-033). 6.05) Resolution Approving Purchase Agreement for the purchase of 3030 County Road 101 9005 — Res2001-034). 6.06) Resolution Approving Purchase of Two New Completed Current Model Tandem Axle Dump Trucks (Res2001-035). 6.07) Resolution Awarding Bid for North Central -15 Trunk Sanitary Sewer and Watermain 9914 — Res2001-036). 6.08) Resolution Adopting Assessments for Berkshire Lane/County Road 9 Intersection Improvements (7007 — Res2001-037). 6.09) Resolution Designating SEH as Consultant to prepare a Preliminary Engineering Report for Parkers Lake Drainage Improvements, 9th Avenue and Niagara Lane (1004 — Res2001-038). 6.10) Resolution Correcting Resolution No. 2000-348 Adopted by the City Council on July 11, 2000 and Recorded at Hennepin County on August 23, 2000 as Document No. 7342718 Res2001-039). 6.11) Resolution Rescinding Resolution No. 2000-605 and Establishing 2001 Pay Schedule for Members of the Plymouth Fire Department (Res2001-040). 6.12) Resolution Approving Contract with Metropolitan Council to provide Federal Access to Jobs Funding and to approve Budget Carryover Fund Expenditures (Res2001-041). 6.13) Resolution Accepting Donation of Ruggedized Laptop Computer from Verizon for City Equipment and designating such Laptop for use by the Chief of Police (Res2001-042). 6.14) Postpone consideration of an Ordinance Amending Chapter 5 of the Plymouth City Code relating to Official Maps and an Official Map of the Highway 55/West Medicine Lake frontage road. 6.15) Resolution Approving Setting Park Dedication Fees for 2001 (Res2001-043) Adopted City Council Minutes Regular Meeting of January 23, 2001 Page 5 of 18 6.16) Resolution Approving 2001 Rental Fees and Policies for Park and Recreation Facilities Res2001-044). 6.17) Resolution Approving On -Sale and Sunday Intoxicating Liquor, Off -Sale Intoxicating Liquor, On -Sale Non -Intoxicating Malt Liquor, and Off -Sale Non -Intoxicating Malt Liquor, and Wine Licenses (Res2001-045). Mayor Tierney suggested that Councilmember Hewitt convey a notice of recognition by the Council to the Human Rights Commission for their accomplishments this past year. Motion carried to approve the Consent Agenda. Public Hearings 7.1) Vacation of "Del Place" Street Right -of -Way Adjacent to Lots 8-11, Block 7, Sunset Acres Addition Public Works Director Moore illustrated the proposed vacation. He explained this street right- of-way has never been used for street purposes. He stated the vacation would be part of the proposed plat of Parker's Lake Shore Addition. Mayor Tierney opened the public hearing for testimony. There being no one wishing to appear before the Council to provide testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to Resolution Authorizing the Vacation of Del Place Street Right -of -Way for Sunset Acres Addition (Res2001-046), and a Resolution Setting Conditions to be Met Prior to Filing of Resolution No. 2001, Vacating Del Place Street Right -of -Way for Sunset Acres (Res2001 With all members voting in favor, the motion carried. 7.2) Vacation of Utility and Drainage Easement in Outlot C, Drakeland Business and Technical Center Public Works Director Moore illustrated the proposed vacation. He stated the lot containing the drainage and utility easements that are requested to be vacated would become part of the Shadow Hills final plat. Adopted City Council Minutes Regular Meeting of January 23, 2001 Page 6 of 18 Mayor Tierney opened the public hearing for testimony. There being no one wishing to appear before the Council to provide testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Slavik, and seconded by Councilmember Black, to adopt Resolution Authorizing the Vacation of Drainage and Utility Easements within Outlot C — Drakeland Business and Technical Center (Res2001-047), and a Resolution Setting Conditions be Met Prior to Filing of Resolution No. 2001, Vacating the Drainage and Utility Easements in Outlot C — Drakeland Business and Technical Center (Res2001-056). With all members votin€ 7.3) Public Improvement Hearing for 2001 Street Reconstruction Program to Civil Project Engineer But provided a presentation on the City's Pavement Management System. He stated the top priority of the Pavement Management System is to maintain the City's new and reconstructed roadways constructed to current standards routinely maintained by incorporating crack scalings, seal coats, and overlays. He also explained the importance of preventative maintenance, developing a mill and overlay program, and a budget to accomplish those goals. He then presented a street reconstruction video entitled, "Protecting the Investment." Assistant City Engineer Quanbeck, stated based on the 2000 updated Pavement Management Study, the area that is recommended for street reconstruction is the portion of Maintenance District 37 east of Dunkirk Lane and south of 31" Avenue extending to and including Zanzibar Lane and 26`h Avenue. He explained the streets in this area are over 23 to 30 years old, and the entire area has existing storm sewer, but there are areas without curb and gutter. The street reconstruction assessment is based on a unit rate of $1,078 per residential lot. The installation of curb and gutter, where none currently exists, would be assessed based on the cost of construction. The assessment amount to include curb and gutter is estimated at $1,539. Construction would begin in May and end in late August. Councilmember Johnson asked why those streets that currently have curb and gutter are being included in this project when there are other streets in the city that don't have curb and gutter. Public Works Director Moore replied the surface conditions of all the streets are reviewed. Because of the soil conditions, the conditions of the street surfaces in this identified area are very similar. Staff estimates that there would be the same types of subsoils to remove. Mayor Tierney asked if any of the residents have requested a narrower road width than the 32' road width that is proposed. Public Works Director replied not to his knowledge. Adopted City Council Minutes Regular Meeting of January 23, 2001 Page 7 of 18 Mayor Tierney opened the public hearing for testimony. Wilma Pryor, 2751 Comstock Lane North requested clarification on the 15% cost for administration and engineering costs and how those costs are allocated by the project. She asked if the actual costs of the project are audited at the completion of the project. She asked with these types of capital improvements, has staff considered making these improvements projected for long term planning to eliminate the need for assessments. She stated the feasibility report did not discuss the rationale for the project nor the costs of the repairs if they are not completed. Lastly, she asked if there is a detailed construction schedule for utility disruption of this project. There being no one else wishing to provide testimony, Mayor Tierney declared the public hearing closed. Public Works Director Moore explained the engineering, design costs, and administration costs are monitored and tracked and included as part of the overall project cost. He stated the City does not receive a profit with their projects. He stated regarding the long-term planning of capital projects to eliminate the need for assessments, the Council has previously reviewed some options. He noted that the City of New Hope recently changed from special assessments to property taxes for all properties in the city, and residents' taxes increased approximately 17%. He stated the preliminary engineering report didn't contain the detailed cost of the study. This information was contained in the previous report that was referenced as entire evaluation of the system. Regarding the utility disruption, if staff approves the project, staff would then solicit bids and a timetable would be prepared once the contractor(s) are selected. Councilmember Black stated there is an assumption that there would be utility disruption. However, there shouldn't be any disruption to those services unless something unusual occurs. Public Works Director Moore stated that is correct. He noted that a water line needs to be repaired so there could be a short disruption during the day. However, residents would be notified of any disruptions. Mayor Tierney noted that the City already contributes 70% of the project costs to these improvement projects. However, this policy is always subject to Council review during the budget process. Councilmember Harstad asked what the average rating was for these streets. Civil Engineer Bot stated this area ranked as the eleventh worst in the City. He stated many of the overlays in this area are failing which tends to increase the rating. He characterized these streets as in poor condition. Councilmember Harstad stated the Council needs to increase the funding for street reconstruction projects. Adopted City Council Minutes Regular Meeting of January 23, 2001 Page 8 of 18 Councilmember Black asked when this type of roadbed was constructed. Public Works Director Moore replied approximately in 1989. Civil Engineer Bot added in 1996 the City began requiring developers to incorporate a sand subgrade. Councilmember Johnson asked for those areas without curb and gutter, those properties haven't previously been assessed for anything which is why the curb and gutter is being assessed. Civil Engineer Bot stated that is correct. He explained assessing 100% of the curb and gutter is based on the presumption that when one purchases property, the cost of that curb and gutter is included in the price of the property. He stated the reverse scenario is that if there wasn't curb and gutter, there were no costs passed on to the purchaser of the property when the property was purchased. Motion was made by Councilmember Black, and seconded by Councilmember Stein to adopt a Resolution Ordering Improvement and Preparation of Plans and Specifications for 2001 Street Reconstruction Project (1001 — Res2001-048). With all members voting in favor, the motion Councilmember Johnson informed residents that if they desire any lighting associated with this project, they should submit a petition to the City. Public Works Director Moore stated that is correct, as installing lighting, as part of this project, would cost less than if it were requested after the project. 7.4) Public Improvement Hearing for Magnolia Lane Street Reconstruction north of Sunset Trail Councilmember Harstad stated he would not be discussing or voting on this item due to a conflict of interest (he would be assessed for the project). Public Works Director Moore illustrated the proposed project and stated this project is located on Magnolia Lane north of Sunset Trail. He stated currently, it is approximately a 20 foot paved roadway ending to the north in a dead end at two driveways with no turn around. The roadway in this area requires frequent maintenance and experiences washouts during heavy rainfall events. While City water and sanitary sewer serve the area, additional services and extension of watermain would be necessary to serve two lots which are not currently served. He stated the preliminary engineering report recommends improving Magnolia Lane to a 28 -foot wide paved roadway with concrete curb and gutter and storm sewer. The City utilities would be inspected for any repairs required before the project is constructed. He stated this project was petitioned for by 60 percent of the property owners. He stated currently, the street dead ends at a northern driveway, but staff is proposing to construct a turn -around. The street currently stops between 430 Magnolia Lane and 500 Magnolia Lane. He stated the property owner of 510 Magnolia Lane has requested that the street be extended so they can build on their lot as they cannot build on their lot if there isn't street access. The estimated assessment is approximately $3,500 per lot. Adopted City Council Minutes Regular Meeting of January 23, 2001 Page 9 of 18 The assessment for 510 Magnolia Lane is approximately $11,000 as it includes an extension of the street. Councilmember Stein asked with a street that has been petitioned, how does that affect the normal progression of repairing City streets. Public Works Director Moore replied staff reviews how the street rated on the overall program. He stated Magnolia Lane was contained in the 1999 plan, but it was removed due to the lack of funding. Mayor Tierney opened the public hearing for testimony. There being no one wishing to provide testimony, Mayor Tierney declared the public hearing closed. n was made by Councilmember Slavik, and seconded by Councilmember Johnson to a Resolution Ordering Improvement and Preparation of Plans and Specifications for olia Lane Improvement Project (1005 — Res2001-049). With all members voting in favor Harstad who abstained, the motion carried. General Business 8.1) Consider Petition for "All Way" Stop Sign at 40th Avenue and Trenton Lane City Engineer Faulkner provided a brief history of this area. He explained that Lisa Dattalo, of 4010 Trenton Lane North, sent a letter dated April 27, 2000 to the City expressing neighborhood concerns of high traffic speeds and limited sight distance at the "T" intersection of 40' Avenue and Trenton Lane. Staff conducted a 48-hour traffic count on May 31 -June 1 which collected traffic counts and speed data on 40`h Avenue east of Trenton Lane. Based on this information, the average speed was approximately 27 mph and the 80th percentile speed, which is considered the speed at which most (85%) of drivers are traveling under, was 33.2 mph. Therefore, based on this data, the speed limit on that roadway (30 mph) closely correlates to the 85th percentile speed. He sent a letter to Ms. Dattalo providing her with this information and his position that there is adequate traffic control at this intersection and the installation of an all -way stop was not recommended. He also noted that there were no reported accidents at this intersection. Ms. Dattalo was provided with a copy of the Stop Sign Policy in addition to a map indicating the properties in a 500 -foot radius circle that would be considered in the required petition and a form that could be used to assist her in obtaining the required signatures. He stated on October 1, 2000 he received a valid petition, which was signed by 62% (50% required) of the property owners within 500 feet. In accordance with the City's adopted Stop Adopted City Council Minutes Regular Meeting of January 23, 2001 Page 10 of 18 Sign Policy, the residential street all -way stop control justification worksheet was completed by Traffic Engineer Jones for the intersection of 40th Avenue and Trenton Lane. Traffic Engineer Jones discussed the all -way stop control justification worksheet that was prepared for this intersection. She stated this intersection received a total of 110 points, which implies that an all -way stop control may be justified at this intersection. She stated is recommended that an all -way stop sign not be installed at this intersection due to the following reasons: 1. There is no history of accidents at this intersection. The installation of stop signs could encourage a more dangerous situation. 2. There is a very low daily traffic volume on Trenton Lane versus the number of vehicles traveling on 40th Avenue. 3. Stop signs do not slow down drivers. Drivers typically accelerate in the middle of the block, which is where the families reside. Councilmember Black asked if staff could recommend a solution for this intersection. City Engineer Faulkner stated no, as staff feels that the control is adequate. He stated on southbound Trenton Lane, there is a stop sign, and there is a yield sign for 40ffi Avenue which tends to slow the traffic. Councilmember Harstad noted that the large evergreen tree restricts the site distance so drivers slow down. Councilmember Hewitt stated she observed this area today, and the sight distance at this intersection is a problem as the evergreen blocks the vision of that intersection. She also observed a motorist who didn't yield. From what she observed, she feels that installation of stop sign would be relevant. Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to an All Way Stop Sign at 40 Avenue and Trenton Lane Lisa Dattalo, 4010 Trenton Lane North, stated she resides on the corner of 40th Avenue and Trenton Lane. She stated she is very concerned about the safety of the children in the neighborhood. She stated there is poor sight distance traveling down Trenton Lane and turning right onto 401h Avenue. The current north approach to Trenton Lane is controlled with a stop sign, but it is placed very far back. She stated this entire intersection is very confusing to drivers. Their neighborhood feels the placement of an all -way stop is the best solution. Dawn Wanaus, 4015 Trenton Lane North, stated there have been accidents at this intersection that haven't been report. She requested the Council approve their request. Adopted City Council Minutes Regular Meeting of January 23, 2001 Page 11 of 18 Jim Beckwith, 4020 Trenton Lane North, stated the majority of the accidents that occur at this intersection from 40`h Avenue traveling onto Trenton Lane. The removal of trees at any direction wouldn't really solve the project. The current stop sign is placed so far back beyond the tree line. He also noted that there is a bus stop located on that intersection. Councilmember Harstad asked if the existing stop sign could be moved closer to the intersection. Public Works Director Moore stated that could be reviewed. There being no further discussion and with all members voting in favor, the motion carried. Council conducted a recess from 9:20 p.m. to 9:30 p.m. 8.2) Rezoning from FRD to RMF -2, Preliminary Plat, Site Plan, and Conditional Use Permit and Variance for 11 Townhomes to be known as "Summer Creek" (20103) Community Development Director Hurlburt reported on the proposed request to rezone the property from FRD to RMF -2, and to approve a preliminary plat and a site plan to create 11 townhome units on a 4.4 -acre site. She stated the applicant is also requesting a Conditional Use Permit to fill in the floodplain and a Variance to allow more than 25 percent impervious surface area coverage on certain lots. She stated the majority of the concerns expressed from residents at the Planning Commission meeting included possible drainage problems and continued erosion of Plymouth Creek, screening and landscaping at the end of the private drive that serves the north of the property, and any impacts on adjacent properties during the construction. She stated regarding any continued erosion of Plymouth Creek, the developer would be required to comply with all City regulations regarding drainage. The developer is proposing to redirect this water to the drainage and treatment pond on the site, which would improve the drainage situation at Westbranch. She stated regarding the landscaping, the Planning Commission included a condition in the resolution to require two additional coniferous trees to be planted west of the private drive to screen the proposed parking which would comply with ordinance requirements and would address the neighbor's concerns. Lastly, regarding impacts on adjacent property during the construction, the City Code permits construction activity between 7:00 a.m. and 10:00 p.m., and the developer would be required to comply with those hours of construction. Motion was made by Councilmember Harstad, and seconded by Councilmember Hewitt, to adopt an Ordinance Amending Chapter 21 of the City Code to Classify Certain Land located at 16225 Old Rockford Road (20103 — Ord2001-02), Resolution Approving Findings of Fact for Rezoning of Property Located at 16225 Old Rockford Road (20103 — Res2001-051) Resolution Approving a Preliminary Plat for GM Homes for "Summer Creek" located at 16225 Old Rockford Road (20103 — Res2001-052), and a Resolution Approving Site Plan, Conditional Use Permit and Variance for GM Homes for Property Located at 16225 Old Rockford Road (20103 — Adopted City Council Minutes Regular Meeting of January 23, 2001 Page 12 of 18 Councilmember Black indicated her displeasure in allowing the developer to locate a portion of the required retention and treatment pond in the wetland buffer, even though it complies with City regulations. She stated she is concerned that this is becoming a more common practice. Community Development Director Hurlburt replied there are no ordinance provisions to prohibit that; however, the Planning Commission is recommending that a standard be adopted in future recommended ordinances. There being no further discussion and with all members voting in favor, the motion carried. 8.3) Deny Variance for a Four -Foot High Fence in a Front Yard for Property Located at 4605 Cottonwood Lane North (Darin and Kami Aho — 20180) Community Development Director Hurlburt reported on the recommendation of the Planning Commission to deny a Variance for Darin and Kami Aho. She explained the applicants are requesting approval of a Variance to allow an existing four foot high fence to remain in the front yard at 4605 Cottonwood Lane North. The fence is located on the northeast front property line paralleling Cottonwood Lane and 46th Avenue (a corner lot). The applicants applied for their Variance on November 20, 2000 and then authorized their contractor to begin constructing the fence approximately two weeks later without a City permit or Variance approval by the Planning Commission. She explained the City's ordinance limits the height of fences in the front yard to no more than three feet in height. Therefore, if the Variance were denied, the height of the fence would need to be lowered on the 46h Avenue side which is the front yard. She stated the applicants indicated that the primary reasons for the current height of the fence is to discourage people from walking through their backyard to utilize their play equipment and to keep their dog in the yard. She stated staff has permitted taller fences but on a more highly traveled street such as Bass Lake Road. Councilmember Hewitt asked how long this ordinance has been in effect as she has knowledge of some fences that are not in compliance with this ordinance. Community Development Director Hurlburt replied the maximum height of three feet in the front yard has been in effect for approximately 30 years. She added that the three-foot height standard is very common for metro cities. Councilmember Harstad asked if any of the adjacent neighbors were opposed to the height of the fence. Community Development Director Hurlburt replied no. Councilmember Harstad stated he does not foresee a problem in leaving the entire fence the current height of four feet. Motion was made by Councilmember Harstad, and seconded by Councilmember Hewitt, to adopt a Resolution Approving a Variance for a Four -Foot High Fence in the Front Yard for Adopted City Council Minutes Regular Meeting of January 23, 2001 Page 13 of 18 Darin and Kami Aho on Property located at 4605 Cottonwood Lane North (20180 — Res2001- 054). Community Development Director Hurlburt recommended that the motion be amended to direct staff to prepare a Resolution and findings of fact for the February 13 meeting. She stated due to scheduling, the first meeting in January was the earliest meeting that the Planning Commission could consider the Variance request. Councilmember Slavik stated at the Planning Commission meeting, there was one resident in attendance that objected to the Variance, and there was one resident who phoned in an objection. She asked if that was the same person. Community Development Director Hurlburt stated she is unsure. Councilmember Johnson stated it concerns her that the Council could be deciding how high fences should be based on the sizes of dogs. She stated there are reasons why the Council has restrictions on Variances. She stated there are other options that were and are now available for the applicants. Councilmember Hewitt stated she resides on a corner lot, and her fence is above four feet. She doesn't define the side of the yard as the front yard. Community Development Director Hurlburt stated there are exceptions where there is restricted access. She stated many of the corner lots already have an exemption referenced in the ordinance. She stated if property owners start constructing solid board fences of this height, it could definitely affect the aesthetics of a neighborhood. Councilmember Harstad stated it is not that evasive if it is a chain link fence such as this type of the fence the Council is considering. Mayor Tierney asked how far back the fence is placed from the property line. Community Development Director Hurlburt replied that it is placed on the property line. Councilmember Stein stated the applicants had alternatives which would be six feet on the side yard or three feet all the way around. His objection to this request is that the neighbors have a right to rely on the City ordinances to discourage neighbors from actions that are not allowed according to the City Code. Therefore, he feels the Council has a duty to the neighbors to protect their interests. Councilmember Harstad disagreed and stated if that is the case, the City shouldn't allow Variances. Adopted City Council Minutes Regular Meeting of January 23, 2001 Page 14 of 18 Councilmember Harstad stated it would cause hardship to move the fence back from the front yard in order to keep it four feet high. Community Development Director Hurlburt stated if it is the Council's desire to approve a four - foot fence, the Council should specify a plastic coated chain link fence in order that a solid fence couldn't be constructed later. Councilmember Harstad amended the main motion to specify a plastic coated chain link fence, and staff is to prepare a Resolution adopting the Variance and prepare findings of fact for the February 13 meeting. Kami Aho, 4605 Cottonwood Lane, asked how interior and collector streets are defined. Community Development Director Hurlburt explained it is based on the City's Comprehensive Plan that defines which streets are classified into what categories. It's also based on the amount of traffic as well as the function of the street in the system. Ms. Aho mentioned the letter that was sent to her contractor from the City's Building Official which stated there could be penalties or a fine of $700 per day. Community Development Director Hurlburt stated this is a penalty that could be assessed by a judge, and this is a provision in the ordinance that allows the City to bring enforcement actions. If the Variance request were denied, staff would work out a timeframe with the applicant and the contractor before the City would take any enforcement actions. Ms. Aho illustrated a picture of the fence. She stated it was a better situation for them to construct the fence before spring. She stated they considered the risks involved, reviewed other properties which had fences, and they identified two dozen similar traffic flow lots such as their's which had fences, and those fences did not meet the ordinance requirements. Therefore, they made the assumption in error that it wouldn't take that long to be granted the Variance. She explained the financial risk to reduce the height is much better than if they would've constructed the fence at three feet and then increasing it to four feet. She stated to address the aesthetic issues, they selected a black coated chain link fence that they felt would have the least amount of impact to the neighborhood. They spoke with the adjacent property owners to inform them of their intentions to construct the fence. They also placed the fence in far enough so that they could maintain both sides of the fence. She stated regarding one of the neighbors who lives across the street, she stated it wouldn't make any difference to that resident in lowering the size of the fence. However, they would work with that property owner in additional landscaping in the spring which should alleviate any concerns she has. She indicated that they intend to keep the placement of the fence where it's currently located. Their biggest concern is to keep their large dog in their yard. She requested that the Council grant the Variance. Adopted City Council Minutes Regular Meeting of January 23, 2001 Page 15 of 18 Motion was made by Councilmember Black, and seconded by Councilmember Harstad to call the question. With Johnson, Slavik, Stein, and Tierney voting no, and Harstad, Hewitt, and Black voting yes, the motion failed. Councilmember Johnson stated there were other options, and this a large enough yard that the hardship issue is hard to accept. She can appreciate the property owners' efforts to make this an attractive fence. However, this fence was constructed prior to the Planning Commission's review. She is also concerned that this fencing contractor is placing homeowners at risk by not abiding by the process established. She echoed Councilmember Stein's comments. Councilmember Slavik stated it concerns her that precedence is being established whereby residents are doing actions prior to Council approval. She also doesn't want to set precedence by approving the Variance request after the fact. She stated it is very important that Variances are approved prior to any construction. She stated if this request is denied, there would still be a fence, and the property owners would need to remove a portion of it in order to comply with the ordinance. Mayor Tierney stated the applicant was trying to make full use of their yard no matter what size fence. She stated residents are surrendering a good portion of their yard when their properties have two to three front yards. She is not so sure that it would harm the aesthetics as she resides adjacent to a six-foot chain link fence on the side yard. She stated perhaps the ordinance needs to be reviewed, and she doesn't feel the precedence is an issue. Councilmember Slavik stated after hearing Mayor Tierney's comments, she would support this request but would be very reluctant to approve this type of request in the future. Motion was made by Councilmember Harstad, and seconded the question. With all members voting in favor, the motion The Council then voted on the amended motion. With Harstad, Hewitt, Slavik, Black, and Tierney voting yes, and Johnson and Stein voting no, the motion carried. 8.4) Approve 2001 Park Improvement Projects Park and Recreation Director Blank reported on the proposed 2001 park improvement projects which included replacement of playgrounds at Parkers Lake and Swan Lake parks, a new playground at Environmental Park, and the addition of permanent restroom facilities at West Medicine Lake Beach. Adopted City Council Minutes Regular Meeting of January 23, 2001 Page 16 of 18 Councilmember Hewitt asked if there would be an outside water faucet at the facility at West Medicine Lake Beach. Park and Recreation Director Blank replied yes, and there would also be outside covered bathrooms as well. Councilmember Slavik commented that the current playground equipment at Parkers Lake really isn't geared for younger children. Therefore, she requested that there be playground equipment for younger children incorporated into the new equipment. Park and Recreation Director Blank assured her that the new playground equipment would include equipment for the two different age groups, and it would be signed accordingly. Motion was made by Councilmember Johnson, and seconded by Councilmember Slavik to Park Councilmember Stein asked if any improvements are proposed for the East Medicine Lake structure, as the facility needs to be painted. Park and Recreation Director Blank stated that facility was constructed rather inexpensive and smaller due to the French Park and the West Medicine Lake facilities. He stated there would be cosmetic changes made this year. However, in the future, there would probably be a new concrete structure. There being no further discussion and with all members voting in favor, the motion carried. 8.5) Youth Advisory Council Request for Travel Expense Councilmember Johnson stated she would abstain from discussing and voting on this item due to a conflict of interest. City Manager Johnson reported that last year, the Council funded $1,500 for the majority of the Youth Advisory Council members to attend the National League of Cities Conference. The Council has budgeted $3,000 in this year's budget for special events, and the students understand that this $1,500 funding request would come from that fund. Motion was made by Councilmember Slavik, and seconded by Councilmember Black to authorize expenditure, not to exceed $1,500 to allow the Youth Advisory Council members to attend the National League of Cities Conference in Washington D.C. from March 10-13. 2001 It was noted that a chaperon is necessary to accompany the students. At this time, Mayor Tierney and Councilmember Hewitt would be attending the conference, but their arrangements would not allow them to chaperone the students. There being no further discussion and with all members voting in favor, the motion carried. Adopted City Council Minutes Regular Meeting of January 23, 2001 Page 17 of 18 Reports and Recommendations 9.1) Status of Acquiring Properties for the County Road 101 Project Public Works Director Moore reported that currently the City has purchased five properties out the eight properties to be purchased for the County Road 101 project. He stated at this time, there are only three homes that are vacant, and the remainder would be occupied until late summer. The Council would define a process this spring for the sale of these properties. Councilmember Harstad encouraged Councilmembers to view the Vicary home that was purchased by the City and visualize the property after the road has been improved. He suggested that the home be moved and be placed on a new foundation that would cost approximately 20,000. 9.2) Second Hand Smoke in City Establishments Councilmember Harstad stated he is interested in having the Council discuss the effects of exposure to second hand smoke. He stated there has been a ban at the federal level, and the state of California has taken action in terms of bars and restaurants where there is a huge impact on employees and patrons. He stated there have also been a number of cities in Minnesota who have banned smoking in bars and restaurants. He requested that the Council discuss this issue at a future study session and/or request the Environmental Quality Committee to review it. He mentioned there are grants available to assist in the effort of keeping tobacco from youth and keep second hand smoke away from people. Councilmember Johnson stated that she strongly objects to the Council studying this issue as she believes it is a business decision that deals with legal products. She does not feel it's in the best interest of government interfering with this. Councilmember Stein stated he would like to study the pros and cons of this issue and what legal authority the City would have in enacting an ordinance. Councilmember Slavik stated she doesn't feel the Council should be studying this issue, as it is a property right to those business owners. Mayor Tierney suggested that this matter be discussed at a future study session. 9.3) Legislative Issues Councilmember Black suggested that a phosphorous ban Statewide be added to the legislative issues list. She requested staff to inform the Council who has authored any legislation and the status of it in the process. Adopted City Council Minutes Regular Meeting of January 23, 2001 Page 18 of 18 Mayor Tierney requested that increased funding for transportation also be included in the list of items. Adjournment Motion was made and seconded by Councilmember Slavik, to at 10:58 p.m. With all members voting in favor, the motion carried. Sandra R. Paulson, City Clerk