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HomeMy WebLinkAboutCity Council Minutes 04-10-2001Adopted Minutes Regular Council Meeting April 10, 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 April 10, 2001. COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Slavik, Stein, Black, and Harstad. ABSENT: Councilmember Johnson. STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Police Chief Gerdes, Fire Captain Hurr, Park Superintendent Peterson, Finance Director Hahn, Community Development Director Hurlburt, Public Works Director Moore, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum No one present to address the Council. Presentations and Public Information Announcements 4.1) Presentation of Environmental Champion Awards Councilmember Black and Kathy Osborne, Chair of the Environmental Quality Committee, presented Environmental Champion Awards to Lee Keeley and David Shea. 4.2) 1999 Certificate of Achievement for Excellence in Financial Reporting Mayor Tierney congratulated Finance Director Hahn and his staff for receiving the 1999 Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association. She stated this is the 181h consecutive year that the City has received this award. Finance Director Hahn thanked the Council and introduced members of City staff that included Finance Manager Jacobson, Financial Analyst Kohn, Accountant Ecker, Accounting Technician Foss, and Accounting Technician Weitgenant. Adopted Council Minutes Regular Meeting of April 10, 2001 Page 2 of 16 Approval of Agenda Councilmember Harstad requested to add an update on the Post Office expansion as item No. 9.2 under Reports and Recommendations. Councilmember Black requested to add an update on road repair as item No. 9.3 under Reports and Recommendations. Mayor Tierney requested to add comments on the Yard and Garden Expo and the Environmental Fair as item No. 9.4 under Reports and Recommendations. Motion was made by Councilmember Harstad to table item No. 8.2 until May 8. The motion failed for lack of a second. ition was made by Councilmember Slavik, and seconded approve the amended agenda. With all members voting in Consent Agenda to Councilmember Harstad requested to remove item No. 6.14 and place it as item No. 8.0 under General Business. City Manager Johnson noted a correction was made to the Resolution for item No. 6. 10, and the proposed amended Resolution has been provided to the Council. Motion was made b the and seconded by Councilmember Black, to included the 6.01) Resolution Approving Disbursements for the Period Ending March 30, 2001 (Res2001- 143). 6.02) Set Special City Council Meetings. 6.03) Resolution Finding No Objection to Lawful Gambling Exemption for Plymouth Firefighters Relief Association (Res2001-145), and Resolution Finding No Objection to Lawful Gambling Exemption for Plymouth -Minnetonka Rotary Club (Res2001-144). 6.04) Resolution Approving Three Year Uniform Contract (Res2001-146). Adopted Council Minutes Regular Meeting of April 10, 2001 Page 3 of 16 6.05) Resolution Approving Final Plat and Development Contract for Lundgren Brothers Construction, Inc. for "Plum Tree East 6th Addition" for Property located north of Old Rockford Road, south of the Soo Line (CP) Railway, East of Peony Lane, and west of Holly Lane 2001015-F — Res2001-147). 6.06) Resolution Approving Final Plat and Development Contract for Lundgren Brothers Construction, Inc. for "Plum Tree East 7th Addition" for Property located north of Old Rockford Road, south of the Soo Line (CP) Railway, east of Peony Lane, and west of Holly Lane 2001016-F — Res2001-148). 6.07) Resolution Approving an Interim Home Occupation License for Sherri Glodek for Property located at 308 Wedgewood Lane North (2001012 — Res2001-149) 6.08) Resolution Approving a Conditional Use Permit for Ascension Lutheran Preschool at Ascension Evangelical Lutheran Church at 15870 46th Avenue North (2001013 — Res2001-150). 6.09) Resolution Authorizing the Mayor and City Manager to enter into Service Agreements with Teens Along and Senior Community Services for 2001 (Res2001-151). 6.10) Resolution Adopting Assessment Abatement of a Hazardous Building at 2344 Ives Lane North (Res2001-152). 6.11) Resolution Approving Hot Mix Asphalt and Emulsified Asphalt Bids for 2001 (Res2001- 153). 6.12) Resolution Designating SRF Consulting Group, Inc. as Consultant for Professional Engineering Services and Authorize the Preparation of a Preliminary Layout and Cost Estimate for Fernbrook Lane — 271h Avenue to 34th Avenue (1013 — Res2001-154). 6.13) Resolution Designating Short Elliott Hendrickson, Inc. (SHE) as Consultant for Professional Engineering Services and Authorize the Preparation of a Traffic Study, Preliminary Layout and Cost Estimate for Nathan Lane — County Road 9 to 45`h Avenue (1014 — Res2001- 155). 6.14) (This item was moved to General Business as item No. 8.0). 6.15) Resolution Approving Swan Lake Playground (Res2001-156). Motion carried to approve the Consent Agenda. Adopted Council Minutes Regular Meeting of April 10, 2001 Page 4 of 16 Public Hearings There were no Public Hearings scheduled. General Business 8.0) Authorizing an Application for Funding to the Metropolitan Council for National Transit Database Funds Acting Transit Administrator Bentley reported on the request for the Council to adopt a Resolution authorizing an application to the Metropolitan Council for $155,106 in National Transit Database (NTB) funds for the construction of a multi -use transit station in the Reserve Development. He explained that in 2000, the City, in conjunction with Rottlund Homes, applied for a Livable Communities grant through the Metropolitan Council with the primary purpose being a multi -use transit facility on Cheshire Lane in the center of the Reserve Development. This grant application was not approved. In addition, in 2000, the Metropolitan Council added new reporting requirements for all transit providers in the region to submit monthly reports for regional NTD reporting to the Federal Transit Administration (FTA). As a result of the inclusion of all regional transit service information in their NTD reporting to the FTA, the Metropolitan Council received a larger amount of federal funding in 2001. This additional funding is being distributed to the various transit services in the region based on a pre -approved formula. The Plymouth Metrolink is eligible to receive $155,106. These funds must be utilized for one or more capital projects. The Plymouth Advisory Committee on Transit is requesting to utilize the 155,106 for the Reserve Development transit hub. He presented some preliminary drawings of the proposed transit facility that would be located on the east side of Cheshire Lane. Motion was made by Councilmember Harstad, and seconded by Councilmember Black, to ado a Resolution Authorizing an Application for Funding to the Metropolitan Council for National Transit Database Funds (Res2001-157). With all members voting in favor, the motion carried. 8.1) Conditional Use Permit Amendment, Site Plan Amendment and Lot Consolidation Expand Parking Lot at St. Philip the Deacon Lutheran Church, 17205 County Road 6, 1713014th Avenue, and 17140 14th Avenue (2001006) Councilmember Harstad stated he would be abstaining from discussing and voting on this item due to a conflict of interest. Community Development Director Hurlburt reported that St. Philip the Deacon Lutheran Church has proposed to expand their parking lot. Therefore, they are requesting the Council approve the following: Adopted Council Minutes Regular Meeting of April 10, 2001 Page 5 of 16 1. Conditional Use Permit to allow expansion of the use. 2. Site plan amendment to address the proposed physical changes. 3. Lot consolidation to combine three existing parcels of land into one lot. She stated the applicant pro oses to remove two existing homes located south of the church site that presently front onto 14t Avenue. The parking lot would then expand into that area, increasing the parking capacity of the church by 89 spaces, from 262 spaces to 351 spaces. She reported that the Planning Commission recommended denial, as the requirements were not met for the Conditional Use Permit. She stated there isn't an adequate transition between two unlike uses. The Planning Commission also felt it would affect the character of the neighborhood in a negative way. There is another alternative which is a parking ramp that was proposed in 1991 during their last expansion. Motion was made 1 the requests for the Conditional Use and seconded by Councilmember Black, to Plan Amendment, and Lot Councilmember Slavik stated she does not support the requests as it would not be a good fit for the neighborhood and could prove to be very detrimental. She appreciates the church being located at this site, and she encouraged the applicants to other alternatives to address parking. Councilmember Black echoed Councilmember Slavik's comments. Steve Bohl, 825 Brown Road South, requested that the Council approve their request. He mentioned the value that a church brings to the neighborhood and the community, and he questioned how this expansion would damage the neighborhood. He also stated there are similar church developments located in the City where expansions were approved. Senior Pastor David Hoffman stated the nature of some congregations has changed over the years. For example, there are various activities at their church seven days a week. Some of these activities are non -church related events, i.e. boy and girl scouts meetings, piano recitals, and various gatherings and meetings. Currently, there are six worship services every weekend, and the parking situation is an issue. He requested the Council to approve their request. Executive Pastor John Hogenson stated St. Philip the Deacon Lutheran Church has a good reputation regionally and nationally. There is a creative use of the worship and space at the facility. He stated the church is trying to accommodate the increasing membership by expanding a parking lot which currently isn't that large. The church is committed to being good neighbors, and they are striving for new ways to accommodate the Adopted Council Minutes Regular Meeting of April 10, 2001 Page 6 of 16 neighborhood and the City. Lastly, if the Council were to approve their requests, that decision could be well defended. Dick Plufka, 4095 Terraceview Lane, a member of the church and previous member of the City's Planning Commission, stated the City previously established a standard for another church that expanded in their neighborhood. He stated their current proposal more than meets the requirements from their previous expansion in 1991. Mayor Tierney stated the church has done an outstanding job in working with the neighborhood and the City. She asked Mr. Plufka why the parking ramp was never constructed in 1991. Mr. Plufka replied when the church expanded, it wasn't requesting to construct a parking ramp but was just illustrating alternative ways to fully utilize their property as the church expanded. There was no intention of constructing the parking ramp at that time. Mr. Bold stated they have conducted three neighborhood meetings in order to discuss their expansion, consider alternatives, and consider how to buffer the transitional uses. He stated because of a concern with privacy, the neighbors requested a fence. Therefore, the church would construct a six-foot fence. In addition, the use of the parking lot would be restricted for peak usage of the church. He stated on Sundays, they currently shuttle people from the Oakwood School and use 45 parking spaces in the school lot. By expanding their parking lot by 89 parking spaces, they could alleviate the need for the shuttle except for major worship services (Easter, Christmas, Thanksgiving, etc.). He discussed the portion of the City's Comprehensive Plan that addresses schools, places of worship, and every site in the City that borders or is located in a residential neighborhood. He stated an apartment building, townhome, retail, marsh area, and approximately five single-family homes surround their property. He stated their situation is not the magnitude of the Wayzata Free Church, and they recently expanded. Lastly, he stated they are addressing the neighborhood concerns. He stated that church members could have been asked to attend this meeting to show support of the request. Mayor Tierney stated regarding the Wayzata Free Church's expansion, there were zoning changes, safety concerns, and they requested more asphalt than what was approved. She is concerned that St. Philip the Deacon Lutheran Church has grown phenomenally, and it probably isn't the end of the growth. Because the church property is landlocked, the only way to expand their facilities is to encroach into the neighborhood, and she is less likely to support this request. She noted there is the option of constructing a parking ramp, and she realizes that could be expensive. She stated they might have to consider relocating in the future to gain more space. Councilmember Slavik stated she doesn't feel the parking lot expansion would be the best alternative. The neighbors would be losing their privacy, there would be more noise, the quality of life would be lowered, there would be no transition between a parking lot and a home, it would change the character of the neighborhood, and the continuity of the street. She noted that Adopted Council Minutes Regular Meeting of April 10, 2001 Page 7 of 16 church members likely visit the site once a week while the owners of the adjacent properties have invested in their homes and are there daily. Mr. Bohl stated the church has been at this location for 38 years, and during the majority of the time, there are not loud activities at the church. Councilmember Stein asked if the Council were to approve the parking lot expansion, how many additional off-site parking spaces would be necessary in the future. Mr. Bohl stated currently they utilize 45 parking spaces at the Oakwood School between services on Sundays. However, during peak holiday services, even with the expansion of the parking lot, there is the possibility that they may have to continue to utilize the parking spaces at Oakwood. Councilmember Stein stated he doesn't support demolishing two homes to expand a parking lot which would be a short-term solution. He stated it would be better if the lots were located along County Road 6 rather than through a residential neighborhood. Councilmember Hewitt agreed with Councilmember Stein and added that churches belong in a neighborhood, but this parking lot would not blend with the neighborhood. Mr. Bohl asked if the church were to redraft their plans, would it be acceptable to expand the parking lot within 20 feet of the two homes that they intended to demolish. This would provide 50 to 60 additional parking spaces, and this alternative wouldn't change the streetscape. Community Development Director Hurlburt stated a revised site plan would need to be provided to staff for their review. Mr. Bohl stated if the church were to relocate, the likelihood of reselling this property to another church would be highly unlikely. He stated the church would like to revise their plan. Community Development Director Hurlburt stated the Council needs to act on the current plan by May 12. However, if a revised plan would be different than the current plan, it would need to go through the planning process. Mayor Tierney stated the Council could postpone this item until May 8, and the applicant could request an extension if necessary. Mr. Bohl stated the church desires to submit a revised plan for the May 8 meeting Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to table this item to the May 8 Council meeting. Adopted Council Minutes Regular Meeting of April 10, 2001 Page 8 of 16 Councilmember Slavik requested that notification of this meeting be provided to the neighborhood. Mr. Bohl stated the church would conduct a meeting with the neighborhood prior to the May 8 meeting. There being no further discussion and with all members voting in favor, the motion carried. The Council took a break from 8:20 p.m. to 8:30 p.m. 8.2) Conditional Use Permit and Variance Approval for a Single -Family Residence at 1635 Xanthus Lane North (Sharratt & McDonald Design Co. — 2001007) Motion was made by Councilmember Harstad, and seconded by Councilmember Hewitt, to table this item to the May 8 meeting. Councilmember Harstad suggests tabling this item due to the following reasons: 1. The Council has until May 22 to study the issue. 2. City Attorney Knutson has not had time to review the legal documents that were received by the Council this evening. 3. Councihnember Johnson is absent from the meeting, and she needs to review the additional materials. 4. Staff needs time to review sewer line extension to this property. 5. Council may not have all the information to make an informed decision. Councilmember Black stated she would like to further research septic system issues. She added as a result of the limited number of lake shore properties, there would be similar redevelopments, and the Council should review its ordinances on how to address these types of developments. Mayor Tierney stated she would like to hear the concerns and questions from those people in attendance this evening regarding this item. There being no further discussion, the Council voted on the motion. With Harstad, Hewitt, and Black voting yes, and Slavik, Stein, and Tierney voting no, the motion failed. Community Development Director Hurlburt reported on the request of Sharratt and MacDonald on behalf of Tom and Michelle Tiller for a Conditional Use Permit and Variance for a proposed new home at 1635 Xanthus Lane. The applicants propose to demolish the existing house and construct a five -bedroom, two-story house with a walk -out basement, a six -car garage, and an attached party room and sport court on the lot. The total area of the proposed structure is 23,050 Adopted Council Minutes Regular Meeting of April 10, 2001 Page 9 of 16 square feet. The applicants are requesting approval of a Conditional Use Permit for the construction of a 2,230 square foot garage, and Variances to construct on a legal non -conforming lot that does not meet the minimum lot requirement in the FRD Zoning District and does not have 500 feet of frontage on a public street. She illustrated the proposed site which is located on Mooney Lake. She explained the property is guided LA -1 and is in the City's urban service area. Because of the unavailability of sewer in the area, the property is zoned FRD. She stated there were a number of issues addressed at the Planning Commission hearing that included: 1. The size and scale of the home. 2. The increase in traffic during and after construction of the home. 3. The impervious area and the shoreland regulations. 4. Drainage of the property and run off impacts on Mooney Lake. 5. Connection to City sanitary sewer or on-site treatment system. She explained that the current septic system on the property has failed. The applicant's proposed on-site treatment system either meets or exceeds the requirements. It would be a standard system, not a mound system. In addition, the location of the system meets the required 75 -foot setback and vertical separation from the water table which is three feet. There would be annual maintenance inspections and reports provided to Hennepin County. She discussed extension of City sanitary sewer to this property and adjacent properties on Mooney Lake. The homeowners, other than the applicant, have opposed extension of sanitary sewer as many of them have invested in upgrading their septic systems. She stated the Council has been provided with an amended Resolution that contains technical corrections to item No's. 7 and 8. She stressed that the Resolution contains a condition that if the owner's on-site septic system fails, they would be required to be connected to the City's sanitary sewer system at the owner's expense. She explained the Conditional Use Permit is only required for the garage floor area. She stated only their personal belongings and vehicles would be stored in the garage. There would be no business activities conducted on their property. The property meets all the required criteria for issuance of the Conditional Use Permit. These criteria include compliance with the impact on the City's Comprehensive Plan (including public facilities), capital improvement plans, the establishment, maintenance, or operation of the Conditional Use promoting and enhancing the general public welfare, and not being detrimental to the public comfort. She further explained Adopted Council Minutes Regular Meeting of April 10, 2001 Page 10 of 16 that a Variance is required because the lot is less than 20 acres in the FRD, and it is a lot without frontage on a public road. She stated both staff and the Planning Commission have recommended approval. She stated that adoption of the Resolution requires a four -sevenths vote of the Council, and if the Resolution is denied, the Council should direct staff to prepare findings of fact for the denial. Mayor Tierney stated she is concerned about the sanitary sewer for this property, and she stated in this area of the City, citizens are not interested in connecting to the City's sanitary sewer system as they have updated their septic systems. She asked if this property were to be connected to the sanitary sewer system, could this be accomplished without other property owners sharing in the cost or having the line run across their properties. Community Development Director Hurlburt replied the line would need to cross other properties. Public Works Director Moore illustrated the current location of the sanitary sewer in the area. He explained all of the properties located on County Road 6 have sanitary sewer with the exception of some of the deeper lots on Mooney Lake. He stated the sanitary sewer line on County Road 6 is very shallow, only about six feet deep. Mayor Tierney asked if the sanitary sewer were to be provided to this subject property, what obligations would other property owners have where the line would cross their property. Public Works Director Moore replied that for those properties with septic systems that currently pass inspection, they would not need to pay an assessment at this time. However, the assessment could be deferred and would incur interest until such time that their septic system would fail, and they connected to sanitary sewer. Councilmember Harstad stated there is a concern about the drain tile and the sump continuously operating. Community Development Director Hurlburt explained that drainage would be handled separately frog, the sanitary sewer. Councilmember Slavik asked how the drainage would be addressed from the water treatment system and the swimming pool. Community Development Director Hurlburt replied the applicant is finalizing the plan by incorporating the best management plans. The plan should be finalized within the next two weeks. She noted that the Building Permit would not be issued until the plan is submitted, reviewed, and approved by staff. Councilmember Black stated she is concerned about the septic system, as this property is located on a lake with no natural outlet. Therefore, she is concerned about any drainage into the lake. She supports tabling this item in order to review how these types of redevelopment could be addressed. Adopted Council Minutes Regular Meeting of April 10, 2001 Page 11 of 16 Mayor Tierney agreed with Councilmember Black and stated not only the runoff into the lake needs to be addressed but also saving the trees and future redevelopment of similar lake properties. Tom Tiller, 460 Highcroft Road, Wayzata, stated he and his wife are trying to construct a single- family home for their family. They purchased this location due to the beautiful neighborhood and the desire to stay in the Wayzata School District. They have assembled a first class team of individuals including architects and technical experts for their project. He reiterated that the Conditional Use Permit is only for the garage, and it would be a six -car garage with three garage doors. He noted that if the Conditional Use Permit isn't approved, he could still construct their home without the garage and leave their vehicles parked outside. He stated their property is heavily wooded, and the only way one could view the property is by coming up the driveway. He stated the Variance is not required for the construction of their home. The only suitable use for this property is a single-family home, which is what he is proposing. He addressed the Council regarding their septic system. He stated he did not realize all the history in this neighborhood on whether there should be individual septic systems or connection to the City's sanitary sewer. He is very neutral on what type of system should be utilized. He stated he has a team of technical experts for the design of the septic system, and the system is designed 40% greater than the requirements of the City Code. In order to overload the system, their family of five would need to flush the toilets 750 times per day. If there would be a problem, there is a backup. If the backup failed, they would connect to the City's sanitary sewer at their expense. There would be an annual inspection of his system, and he would support annual inspections of septic systems for all properties located on Mooney Lake. He noted that the size of their home has concerned a number of residents. After construction of the home, he would return the road back to the condition prior to construction. He stated their home would be set back quite a distance from the lake, and it is their intention to leave the shoreline in its natural condition. He stated he is not aware of any other home that is located on Mooney Lake that has to contain their runoff from their property, which is being required of him. He stated they are finalizing the drainage plan, and he noted that there would probably be two pits in the lawn during construction. He believes that he has voluntarily exceeded all City Code requirements for the redevelopment of this property. In conclusion, he asked the Council to be fair and keep an open mind with his request. He stated adjacent property owners have criticized the entire approval process, and inflammatory literature against his family has been circulated throughout the neighborhood. However, he has also received a number of phone calls from individuals who reside on the lake that support his proposal. Councilmember Black mentioned the need for the Council to be very mindful of the surface water management of this property and its potential effect on Mooney Lake. Adopted Council Minutes Regular Meeting of April 10, 2001 Page 12 of 16 Councilmember Harstad asked Mr. Tiller if he would be maintaining an office in his home or if any space in his home would be leased by his company. Mr. Tiller replied he would have an office in his home, but his primary place of business would be at his work location. There would be no staff at his home nor would there be any lease of space in his home. Councilmember Harstad asked Mr. Tiller about the frequency of company parties. Mr. Tiller replied he and his wife typically host two parties per year with approximately 25 people in attendance at each party. Michael Sharratt, from the Sharratt-McDonald Design Company, architect for the proposed project, explained their firm designs primarily custom size homes. He stated the Tillers requested that their firm design a family oriented home. He noted that they are present to answer any questions regarding the Conditional Use Permit and Variance. However, as a courtesy, they have provided visual aids of the home to depict the size of the home. Peter McDonald, from the Sharratt-McDonald Design Company, explained the house's finished area is approximately 11,000 square feet, which is smaller than two other homes that are located on Mooney Lake. He stated the home meets the maximum height and ground coverage requirements. He illustrated the number and size of trees that would be located on the property. The Tillers requested a home that would fit the lot and seem like a lake home. Carolyn Wolski, Leonard, Street, and Deinard, attorney for the Tillers, complimented staff and the Planning Commission as this has been a very emotional issue, but they have been fair and impartial. She stressed that the Variances are only required because of the lot. The lot doesn't meet the area or the width required for the FRD zone. She stated no Variances or Conditional Use Permit is required because of the size, design, septic system for the house, or access to the property via a private road. The majority of individuals who are opposed to this project are opposed to the above issues, which are irrelevant. She noted that the zoning ordinance does not restiet the size of single-farnily homes, establish limits on temporary traffic from construction activities, the number of parties/gatherings that occur on one's property, the number of trees that are removed for the construction of a single-family home, and the type of facilities contained inside a residence. The criteria that have been established for Variances and Conditional Use Permits have been met by the Tillers as determined by staff and the Planning Commission. She noted that if the Conditional Use Permit and Variances aren't approved, the Tillers could add onto the existing home located on the property, and there would be no restrictions. She stressed that the proposed septic system far exceeds the City's requirements. Lastly, the Tillers would leave the private road in the same condition as it was prior to the home construction. Terry Ankeny, 1640 Xanthus Lane, stated they would be adjacent neighbors to the Tillers. She stated she is opposed to City sanitary sewer because of the large trees in the area. She is opposed Adopted Council Minutes Regular Meeting of April 10, 2001 Page 13 of 16 to the granting of the Variances, as there is no hardship demonstrated by the Tillers. She stated the Tillers' septic system could fail, and they are concerned about the system itself. Michael Gorsky, 1645 Xanthus Lane, stated after setbacks, the Tillers would be utilizing all of their property except for 13 feet. He stated approximately eight to nine trees would be lost due to the construction of the septic system. He acknowledged that all of the neighbors are amazed about the size of the proposed home. He noted that there would be two years of construction noise and road congestion when the home is being constructed. He stated they have secured the services of Charlie Carpenter, who is an attorney with the Fabyanske, Westra & Hart. Mr. Carpenter has provided legal correspondence to the Council that indicates there is no basis for the Council to grant the Variances as there is no hardship demonstrated by the Tillers. The property could be utilized as it is currently established or be renovated. Doug Dayton, 300 County Road 6, stated he is concerned about the amount of impervious surface and resulting runoff into the lake. He stated there is no shoreline on Mooney Lake, and the water continues to rise. Rick Goulland, 1605 Xanthus Lane, adjacent neighbor, stated that the basement of the garage would be a basketball court. Above the garage, there would be an office. Therefore, the square footage for the garage would be approximately 5,000 square feet. He stated the garage is about as large as their home, and it would tremendously increase the impervious area. He stated currently there is no final drainage plan, and he stressed that the water/drainage needs to stay on that property. He requested that the Conditional Use Permit be denied. Jim Cohen, representing the Michael Gorsky family, stated the City's discretion in approving or denying the Variances and Conditional Use Permit is whether or not the proposed project meets the standards listed in the zoning ordinance and whether it is affected by some of the subjected criteria. He stated the burden of proof for granting the Variance is on the applicant. He requested that the Council review whether this application raises an issue that should be examined on what some of the subjective criteria are in terms of neighborhood impact. He suggested that a compromise be reached to satisfy both the neighbors and the Tillers. William Miller, 2005 Xanthus Lane, stated he is a 34 year resident of Mooney Lake. He understands from Mr. Tiller's attorney that neighborhood opposition is not basis for denial. He stated with the previous agenda item, neighborhood opposition seems to weigh heavily on the Council's decision. He stated if this property would be redeveloped as proposed, it would create additional noise and change the character of their neighborhood. Susan Thomson, 685 Old Long Lake Road, Wayzata, stated she is a friend of the Tillers. She commended the Planning Department and Planning Commission on this process. She Adopted Council Minutes Regular Meeting of April 10, 2001 Page 14 of 16 acknowledged that this debate has been difficult, but the Tillers are wonderful people with integrity and would cooperate with the City if any additional conditions would be required. Steve Hornig, 2830 Breezy Heights Road, Woodland, stated he is representing Marty Simpson who resides two properties away from the Tiller property. He requested that all conditions for the granting of the Variances and Conditional Use Permit be reviewed very carefully. Mayor Tierney asked how the runoff from the garage would be addressed. Community Development Director Hurlburt stated that it is a condition of the resolution that any additional runoff be contained on the site. The Tillers' final drainage plan needs to be submitted and reviewed before the Building Permit is issued. She stressed that this condition applies to the entire property, not just the garage area. Motion was made by Councilmember Slavik, and seconded by Mayor Tierney, to reconsider the to table, and to table the issue to Mav 8. Councilmember Slavik suggested that the drainage plan for the property be provided to the Council before approval of the Variances and the Conditional Use Permit. Councilmember Slavik asked if the Council tabled this item to May 8, how would this affect the applicant. Mr. Tiller replied they would like to begin construction as soon as the road restrictions are lifted or around May 15. Delaying the project would incur expense for them. Discussion was held on the tabling this item to April 24 or May 8. Community Development Director Hurlburt stated May 8 would provide staff with additional time to respond to the questions that were raised this evening. Mayor Tierney stated she is concerned about water quality as well as the possibility of Tillers connecting to the City's sanitary sewer when the other properties on the lake aren't. There being no further discussion and with all members voting in favor of the motion but Stein, the motion carried. 8.3) Appointment to the Environmental Quality Committee (EQC) Motion was made by Councilmember Resolution Appointing Thomas 181 With all and seconded to an At -Large Position on the Envi ellow-Heyer to the Ward 4 Position motion carried. to Adopted Council Minutes Regular Meeting of April 10, 2001 Page 15 of 16 Reports and Recommendations 9.1) Legislative Update Mayor Tierney reported on the legislation that would allow cities to set a speed limit on a half - mile stretch of roadway. Acting Transit Administrator Bentley reported on the status of transit legislation. Councilmember Black reported on the status of the phosphorous bill and affordable housing legislation. She requested that staff review the affordable housing bills and contact the League of Minnesota Cities to determine their position and whether the Council should indicate its support. 9.2) Post Office Expansion Councilmember Harstad stated 50% of the costs for the post office expansion are for soil corrections. He asked staff if they have received a copy of that report. Community Development Director Hurlburt stated staff has not yet received a copy of the soil report. Councilmember Harstad asked if the City could pursue funding a portion of this project so it becomes a higher priority for the Post Office. Community Development Director Hurlburt replied that she doubts that would change the status of the project. She suggested that when staff reviews the report, there could be an alternative to what their engineers are recommending for the soil corrections. 9.3) Update on Road Repair Public Works Director Moore provided an update on staffs efforts to repair potholes located throughout the City. He stated staff has been repairing potholes since March 15, but due to the excessive amount of moisture in the roads, the majority of the work is temporary. One City crew is working on the major streets that have the most traffic, while the second crew is working on the minor streets with some of the difficult potholes. He stated they are in the process of sweeping the streets, and this usually takes two to three weeks to complete the entire City. Staff is also evaluating the reconstruction program for the major streets, and at the April 24 meeting, there would be a report. Councilmember Black commented that the condition of Schmidt Lake Road is very bad, and she encouraged staff to do whatever they can to repair the potholes. 9.4) Yard and Garden Expo and Environmental Fair Adopted Council Minutes Regular Meeting of April 10, 2001 Page 16 of 16 Mayor Tierney reported on the Yard and Garden Expo while Councilmember Black reported on the Environmental Fair. Both events were very successful, and the Council directed staff to send letters of thank you to anyone who was involved in these events. Adjournment Motion was made by Councilmember Slavik, and adjourn the meeting at 11:25 p.m. to motion carried. andra R. Paulson, City Clerk