HomeMy WebLinkAboutCity Council Minutes 11-27-2001Adopted Minutes
Regular Council Meeting
November 27, 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 November 27,
2001. The Council was assisted by Cub Scout Pack 577 from Zachary Lane Elementary School
with the Pledge of Allegiance.
COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Black, Harstad, Johnson,
Slavik, and Stein.
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STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Police Chief
Gerdes, Fire Chief Kline, Finance Director Hahn, Community Development Director Hurlburt,
Planning Manager Senness, Park and Recreation Director Blank, Public Works Director
Faulkner, Traffic Engineer Jones, City Attorney Knutson, and City Clerk Paulson.
Plymouth Forum
Robert Edwards and Robert Boyer, City residents, voiced their frustration with water drainage on
the lots in the Wyndemere Farms development.
Mr. Edwards explained that the City Engineer conducted a meeting on October 16 with the
residents of this development. He stated there were many issues and concerns discussed at this
meeting, and staff stated they would investigate the issues. He requested that a follow-up
meeting be scheduled. The residents have contacted the developer, and the developer has only
addressed some of the issues. In the near future, the residents would be sending a letter to the
developer for a more coordinated effort.
Mayor Tierney stated that the Council is aware of the situation, and staff would be scheduling
another meeting in the near future.
Councilmember Johnson stated the purpose of the initial meeting, that was organized by the
residents, was to determine if there were isolated issues. She stated the neighborhood is having
communication problems with the developer, and that is somewhat due to lack of representation
by the homeowners. The residents would like staff to review the drainage in the development
i.e. water table issues, wetland drainage issues, and surface water issues). She explained it
would be helpful for the residents if the City would communicate to them the process and who
would be notifying the neighborhood.
Adopted City Council Minutes
Regular Meeting of November 27, 2001
Page 2 of 20
Councilmember Black stated that when this development was approved, she voiced her
opposition to many of these issues.
Public Works Director Faulkner stated staff is continuing to review the concerns that have been
addressed, and a meeting would be scheduled once the facts are compiled.
Presentations and Public Information Announcements
Park and Recreation Director Blank reported on Old Fashioned Christmas scheduled for
December 2.
Approval of Agenda
City Manager Johnson requested that item No. 8.3 be removed from the agenda per the request
of the applicant.
He requested to remove item No. 6.16 under the Consent Agenda, as the Council was unable to
conduct the Board and Commission interviews on November 26 due to the weather. He
requested that the Council schedule board and commission interviews as item No. 8.6 under
General Business.
He reported there was a public hearing notice in the newspaper for the issuance of revenue bonds
for the Fraser Housing Project in Golden Valley. He stated that the City of Golden Valley has
informed the City that this project is on hold; therefore, there would be no hearing on that item
tonight.
Motion was made by Councilmember Slavik, and seconded by Councilmember Black to
approve the amended a egnda. With all members voting in favor, the motion carried.
Consent Agenda
Mayor Tierney asked if there were any additions, corrections, or deletions to be made to the
Consent Agenda.
Councilmember Johnson requested to remove item No. 6.17 and place it as item No. 8.55 under
General Business.
Adopted City Council Minutes
Regular Meeting of November 27, 2001
Page 3 of 20
Councilmember Slavik requested to remove item No. 611 and place it as item No. 8.7 under
General Business.
Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to
approve the amended Consent Agenda which included the followingitems: ems:
6.01) Regular and Special Council Meeting minutes of November 13, 2001.
6.02) Resolution Approving Disbursements for the Period ending November 9, 2001 (Res2001-
501).
6.03) Ordinance Amending Chapter 21 of the City Code to Classify Certain Land located at
4400 Nathan Lane (2001119 — Ord2001-35), Resolution Approving Findings of Fact for
Rezoning of Land located at 4400 Nathan Lane 2001119 — Res2001-502), and a Resolution
Approving a Conditional Use Permit for a Restaurant at Rockford Square Shopping Center, 4400
Nathan Lane (2001119 — Res2001-503).
6.04) Resolution Replacing Resolution No. 2001-337, Approving Lot Division/Consolidation
for Marcia Robbins to Reconfigure Lots 6 and 7 of Block 1, Inglebrae Addition (2001065 —
Res2001-504).
6.05) Resolution Calling for New Hearing on Improvement for Old Rockford Road/State
Highway 55 Area Sanitary Sewer and Watermain Improvements (1033 — Res2001-505).
6.06) Resolution Recommending that Parcel 21-228-22-33-0250 be sold at Public Auction
Res2001-506).
6.07.1) Resolution Reducing Required Financial Guarantee for the Village at Bassett Creek
97080 — Res2001-507)
6.07.2) Resolution Reducing Required Financial Guarantee for Hilltop of Plymouth Addition
2003 — Res2001-508).
6.07.3) Resolution Reducing Required Financial Guarantee for Wayzata Farms (20 100 —
Res2001-509).
6.07.4) Resolution Reducing Required Financial Guarantee for Seven Greens (2001031 —
Res2001-510).
6.08) Resolution Approving Change Order No. 1 for 2001 Street Reconstruction Project (1001
Res2001-511).
Adopted City Council Minutes
Regular Meeting of November 27, 2001
Page 4 of 20
6.09.1) Resolution Approving Change Order No. 1 for Messiah United Methodist Church Park
and Ride (8006 — Res2001-512).
6.09.2) Resolution Approving Change Order No. 1 for Neighborhood Stops Proj ect (8035 —
Res2001-513).
6.10) Resolution Approving Request for Payment No. 10 for Lift Station No. 2 (Mission
Farms) Renovations (8030—Res2001-514).
6.11) (Removed from Consent Agenda and placed under General Business as item No. 8.7).
6.12) Approving the 2002 Plymouth Metrolink Management Plan and Budget (Res2001-515).
6.13) Resolution Authorizing the Mayor and City Manager to Sign the Permanent Easement
Agreements for City Project No. 9005 and County Project No. 8911 (Res2001-516).
6.14) Approve Participation in Coalition to Restrict Sale and Use of Fertilizer Containing
Phosphorus.
6.15) Resolution Approving Public Improvement and Assessment Agreement with LifeTime
Fitness (Res2001-517).
6.16) (This item was removed from the Consent Agenda).
6.17) (This item was removed from Consent Agenda and placed under General Business as
item No. 8.55).
Councilmember Harstad noted that for item No. 6.06, there could be the possibility that this
property would be used for affordable housing.
He spoke of the Plymouth Metrolink Management Plan (item No. 6.12) and raising the
awareness and desire to develop a transit hub in the City. Staff is currently reviewing a location
near County Road 73 and Highway 55 for that type of facility.
Motion carried to approve the Consent Agenda.
Public Hearings
There were no public hearings scheduled).
Adopted City Council Minutes
Regular Meeting of November 27, 2001
Page 5 of 20
General Business
8.1) Consideration of Petitioned Request for "All -Way Stop Sign at 47th and Harbor Lane
tabled from November 13)
Public Works Director Faulkner reported at the November 13 Council meeting, this item was
tabled in order for staff to determine if there was a bus stop in the vicinity. He stated after
contacting the Transportation Supervisor with Wayzata Public Schools, there is currently a bus
stop at the corner of 47th Avenue and Harbor Lane for both Plymouth Creek Elementary School
and East Middle School. He stated that previously the total points scored on the justification
worksheet totaled 80 points. However, with the additional 20 points for a major pedestrian
generator, the intersection now scores 100 points. He stated based on the City's residential street
All -Way Stop Control Policy, if a worksheet point total is greater than or equal to 100 points, an
all -way stop sign may be justified at the intersection. He indicated that staff continues to support
their recommendation to deny the petitioned request and relocate the existing stop sign.
City Attorney Knutson reiterated the motion that is on the table which is to approve staff's
recommendation to deny the petitioned request for an all -way stop at the "T" intersection of 47th
Avenue and Harbor Lane and relocate the existing stop sign from the west approach of 47th
Avenue to the north approach of Harbor Lane.
Councilmember Hewitt voiced her support for the all -way stop sign as the justification
worksheet totaled 100 points, and the majority of the residents supported the all -way stop sign.
Councilmember Black stated that she would support this motion, but she noted a similar type of
intersection in her neighborhood where motorists ignore the all -way stop sign.
Mayor Tierney asked how the scoring is determined on the justification worksheet. Public
Works Director Faulkner replied the scoring is based on existing conditions.
Mayor Tierney stated there is a sight problem with the curve, but she noted that there is almost
an identical intersection at 491h Place. She asked if the sides of the roadway could be striped for
bike lanes along with a posted 25 mph speed limit, and leave the current stop sign there.
Councilmember Johnson stated the speed of the traffic isn't traveling over 30 mph; therefore, the
speed isn't an issue. She asked if there is a sight problem for the entire intersection. Public
Works Director Faulkner replied there is only a sight problem for Harbor Lane.
Adopted City Council Minutes
Regular Meeting of November 27, 2001
Page 6 of 20
Councilmember Slavik stated that just because the justification worksheet totals 100 points,
doesn't necessarily indicate that an all -way stop sign should be placed at an intersection. Public
Works Director Faulkner agreed and stated that the 100 point total is a threshold that causes staff
to review the area.
Councilmember Stein stated that he wouldn't support the motion based on staff's
recommendations.
Councilmember Johnson stated that she agrees with the comments made by Councilmember
Hewitt; therefore, she supports the proposed motion.
Motion was made by Mayor Tierney, and seconded by Councilmember Slavik, to call the
question. With all members voting in favor but Harstad, the motion carried.
The Council voted on the substitute motion and with Slavik, Stein, Harstad, and Tierney voting
no, and Johnson, Black, and Hewitt voting yes, the motion failed.
The Council voted on the motion to adopt a Resolution Denying Request for "All -Way" Stop at
the Intersection of 47th Avenue and Harbor Lane (Res2001-518), and a Resolution Approving the
Relocation of Existing Stop Sign at the Intersection of 47th Avenue and Harbor Lane from the
west approach of 47th Avenue to the north approach of Harbor Lane (Res2001-519). With all
members voting in favor but Hewitt and Johnson, the motion carried.
8.2) Consideration of an "All -Way" Stop Sign Request at 57th and Yucca Lane
Traffic Engineer Jones reported that Troy Dilla, who resides at 5725 Yucca Lane North,
contacted her on June 6 regarding traffic safety concerns at the intersection of 57th Avenue and
Yucca Lane. Mr. Dilla expressed concerns of increasingly high traffic volumes since the
opening of the Begin Oaks Golf Course. He also noted that there are currently no posted speed
limit signs on Yucca Lane and very little traffic enforcement. This intersection is currently
uncontrolled on all approaches.
She stated that staff collected traffic speeds and volumes on Yucca Lane north of 57th Avenue
from June 29 through July 2. Based on the data collected, the 85th percentile speed was
approximately 34 mph. There did appear to be some vehicles traveling over the posted speed
limit, i.e. 30 mph. The Police Department was notified of the situation and increased
enforcement was requested. The City installed 30 mph speed limit signs on both ends of Yucca
Lane, between County Road 47 and the Begin Oaks Golf Course in order to assist in educating
motorists. The speed trailer was also utilized on Yucca Lane last summer, and traffic officers
have since monitored this area on several occasions. City staff then sent correspondence to Mr.
Dilla explaining staff's position to recommend the installation of an eastbound stop sign on 57th
Adopted City Council Minutes
Regular Meeting of November 27, 2001
Page 7 of 20
Avenue at Yucca Lane based on the low traffic volumes on this part of the intersection to more
clearly establish which driver has the right-of-way.
In conclusion, she stated that staff is recommending the Council deny the petitioned request for
an all -way stop at the "T" intersection of 57th Avenue and Yucca Lane and to authorize the
installation of a stop sign on the west approach of 57th Avenue at Yucca Lane.
Councilmember Slavik stated the traffic study was undertaken on the Fourth of July weekend,
and she questioned if there was the normal amount of traffic traveling to the golf course. Traffic
Engineer Jones replied yes.
Councilmember Slavik asked if the speed trailer was utilized that weekend. Traffic Engineer
Jones replied no.
Councilmember Johnson asked if the speed of traffic has continued to be monitored after the
traffic studies were completed. Traffic Engineer Jones replied yes.
Councilmember Black asked if a traffic study was prepared when the golf course was approved.
Community Development Director Hurlburt replied no.
Councilmember Johnson asked how the stop sign at 60th and Yucca lane was located there.
Public Works Director Faulkner replied that was a petitioned stop sign that staff opposed, and the
Council approved.
Councilmember Johnson noted that the speeds on Yucca Lane are very similar to the speeds on
Holly Lane; however, there is no all -way stop on Holly Lane.
Councilmember Johnson asked if staff takes into account that the Begin Oaks Golf Course is
only open part of the year when they are preparing the traffic studies. Traffic Engineer Jones
replied that the traffic study was prepared during the "worst case scenario."
James Koll, 5675 Yucca Lane North, stated he is the first property owner to the north as one
enters and exits the Begin Oaks Golf Course. He stated that when the golf course was originally
approved, the entrance and exit were to be located on the east side of the parking lot. However,
the entrance and exit are located currently to the north on Yucca Lane with no stop or yield sign.
Since he is the adjacent property owner, notice should've been provided to him. He believes that
if the entrance and exit had not changed, there would've been some type of traffic control device,
i.e. yield sign for the Rottlund Home development. He noted the increase in traffic volumes and
speed of traffic. He realizes that there is an "open" intersection at 57th and Yucca Lane. Upon
approval of the golf course, the Council indicated they would review the traffic volume and
Adopted City Council Minutes
Regular Meeting of November 27, 2001
Page 8 of 20
speed. He stated one of the City's studies indicated that there were 250 vehicles over a four day
weekend, and vehicles were traveling between 36 mph and 40 mph. He stated that currently
there is a temporary stop sign on Xenium Lane. Once the Cheshire Bride is completed, that sign
would be removed.
Councilmember Harstad stated that usually the speed of traffic entering the golf course is less
than traffic that is exiting the golf course.
Councilmember Black asked how an all -way stop sign at 57th Avenue and Yucca Lane would
assist the residents who reside on 57th Avenue. Mr. Koll replied it would decrease the speed of
traffic that is generated from the golf course.
Councilmember Black stated she has observed a stop sign in a cul-de-sac in her neighborhood,
and the majority of the drivers just barely slowdown. She stated if the speed of the traffic is the
issue, have the residents considered a speed hump. Mr. Koll replied they have discussed speed
humps.
Councilmember Johnson asked if there would be a trail in this area adjacent to I-494.
Community Development Director Hurlburt replied the temporary road access, which currently
provides access to the Reserve Development, would be converted to a trail on the east side of
Yucca Lane to connect to the trail on 47th.
Councilmember Johnson asked if people would be crossing Yucca Lane to connect to the
regional trail, should there be a stop sign at this location. She also commented that commercial
traffic needs to be educated to stop for the stop signs.
Troy Dilla, 5725 Yucca Lane North, stated he is the third property north of 57th Avenue. He
questioned the placement of the speed trailers on the north and south part of Yucca Lane as this
is where the traffic is moving the slowest. He noted that Yucca Lane serves approximately 20 to
30 households, and there are over 100 vehicles traveling this roadway per day. He stated with
the opening of the golf course and the construction of the Rottlund Development, the traffic has
increased. He believes with the addition of an all -way stop with increased enforcement, it would
be an improvement for the area. He stated even though the golf course isn't open year around,
there is increased traffic from the Rottlund Development that isn't using Xenium Lane.
Resolution for an "All -Way" Stout the Intersection of 57"' Avenue and Yucca Lane (Res2001-
520). With Slavik, Johnson, Black, and Tierney voting yes, and Hewitt, Stein, and Harstad
voting no, the motion carried.
Adopted City Council Minutes
Regular Meeting of November 27, 2001
Page 9 of 20
Councilmember Slavik stated she supported the motion as she had concerns with traffic
generated from the golf course. However, she feels that stop signs aren't really an effective
measure.
8.3) Deny Lot Division and Variances to Create Two Lots at 11209 Sunset Trail (Joseph
and Barbara Cavanaugh — 2001109)
This item was removed from the agenda).
8.4) Adopt Comprehensive Plan Amendment for Study Area C located South of County
Road 10, East of Trenton Lane and West of Highway 169 North (2001062)
Planning Manager Senness reported on Study Area C. She stated the Planning Commission is
recommending the following actions:
1. Revising the Land Use Guide Plan for Study Area C as show in Alternative B (residential
emphasis).
2. Removing the study area designation in the Land Use Guide Plan from the parcels that make
up Study Area C.
3. Changing the minor collector designation from Nathan Lane (south of 56th Avenue) and 54th
Avenue to 56th Avenue and the Highway 169 frontage road. This change would facilitate curing
Nathan Lane east to 56th Avenue and constructing a "T" intersection to provide a new access
point for that portion of Nathan Lane south of 56th Avenue. This would functionally shift the
through traffic movement from Nathan lane to 56th Avenue.
She stated approximately 80% of this study area is currently undeveloped, and one-third of it is
either wetland or Bass Creek. She explained the amount of land for development is greatly
influenced and limited by the location of Bass Creek along the northern border of the area and a
large wetland east of Trenton Lane. These two natural elements are located in such a way as to
limit the developable area along Trenton Lane to two relatively small sites isolated from each
other and from the rest of the study area. The wetland also precludes any street connection
between future development on Trenton Lane and future development east of the wetland. Any
access to the northern part of the area would have to come from Trenton Lane, as the County
wouldn't allow any accesses onto Bass Lake Road. She stated staff met with the affected
landowners as well as the Hickory Hills Homeowners Association. The majority of the property
owners supported the commercial zoning.
She stated the recommended Alternative B has a residential emphasis. The proposed
development densities would consist of six to 12 units per acre that would be compatible with the
Adopted City Council Minutes
Regular Meeting of November 27, 2001
Page 10 of 20
density of Hickory Hills (six units per acre) and provide additional opportunities for the City to
meet its affordable housing goals. There would be good transitions from commercial to
commercial office to medium density residential development, and there would be more limited
traffic impacts on Nathan Lane. She stated one disadvantage would be the potential for
additional noise conflicts between truck traffic on Nathan Lane and new residents in the
proposed LA -3 site. However, good site planning could successfully address this concern.
She indicated that there were suggestions to realign Nathan Lane; however, staff doesn't support
this as it would greatly impact Hickory Hills as well the commercial traffic.
Councilmember Stein stated he doesn't support Alternative B due to guiding parcel 5 as
residential. He stated this parcel would be better suited for commercial office or mixed use. He
noted that this area is isolated from Hickory Hills.
Planning Manager Senness acknowledged that this was one potential downfall with Alternative
B; however, staff is confident this could be addressed with the site plan. Community
Development Director Hurlburt added that the majority of the complaints on the truck traffic are
from companies located further south on Nathan Lane.
Councilmember Black stated there would be difficulties with all the scenarios. She stated she is
concerned about the truck traffic noise.
David Peterson, 3950 Crystal Lake Boulevard, property owner within this study area, feels this
process was adequately handled. He stated there is tremendous potential for this property.
However, the options presented by staff are not the solutions. He indicated that he was unable to
attend the Planning Commission's hearing. Nathan Lane and Trenton Lane were meant to be
transitional roadways.
Councilmember Black asked why commercial development would be more successful in this
area compared to the Four Seasons Mall, where there are tenant issues.
Mr. Peterson replied the commercial uses would be suitable for the residents who reside in the
area. It would be more of a village approach.
Mayor Tierney stated there could be problems with mixed developments as it's difficult to obtain
the proper mix and financing for it to occur.
Mr. Peterson stated a LA -3 guiding wouldn't be the best use of the property, as the developer
would construct as many townhomes as possible.
Adopted City Council Minutes
Regular Meeting of November 27, 2001
Page 11 of 20
Community Development Director Hurlburt explained the LA -3 guiding is fairly dense with
townhome-home type development and apartments with 12 apartments per unit. She stated this
mix is more flexible of the options versus a commercial development. In addition, this area is
not a large enough site for a truly mixed development.
Mark Vyvyan, 900 2"d Ave. South, Minneapolis, representing the Astleford Family Limited
Partnership, who owns parcels 5, 6, and 7, stated they support the commercial guiding of the
property. He noted that his client didn't receive notice of the public hearing on this matter.
Planning Manager Senness stated the mailing list for the Planning Commission's public hearing
notice did include the Astleford Family Limited Partnership. A notice was also sent to the same
mailing list for this evening's meeting. Community Development Director Hurlburt added that a
separate meeting was held with the property owners before the open houses and the Planning
Commission's public hearing.
City Attorney Knutson stated that the only notice that is required of the City is publication of the
Comprehensive Plan amendment.
Councilmember Johnson stated the Astleford's property has been guided commercial for 25
years, therefore, what has delayed the development process. Mr. Vyvyan replied he is unsure.
Councilmember Johnson asked if the Astlefords are intending to coordinate the development of
their property with adjacent property owners. Mr. Vyvyan stated he is unsure, but he believes
the family would consider that.
Mayor Tierney stated by redoing the intersection of 56h and Nathan Lane, there would be better
enforcement of the truck traffic from U.S. Foods.
Community Development Director Hurlburt stated the change in the Comprehensive Plan would
make it more difficult for trucks to make that turn south onto Nathan Lane. Therefore, the most
logical approach to access this area would be the frontage road.
Bruce Polaczyk, 5520 Nathan Lane, representing Hickory Hills Condominium Association,
reaffirmed their association's support of Alternative B.
Councihnember Johnson asked if a developer were to indicate a low density use of this area,
would those types of neighborhood uses be an asset for their neighborhood. Mr. Polaczyk
replied residents would be concerned with a decrease in their land values if that were to occur.
James Sweat, 5545 Nathan Lane, spoke of the proposed configuration of 56th Avenue and
Nathan Lane. He is very concerned with curving the road on 56th Avenue. He noted that 56th
Adopted City Council Minutes
Regular Meeting of November 27, 2001
Page 12 of 20
Avenue is currently a heavily traveled road. He stated if a roadway exceeds 10,000 cars per day,
there could be a third turn lane constructed, or a fourth lane constructed. He stated this is a
residential area, and he would be opposed to additional lanes of traffic. He indicated his support
for Alternative B, but he's not necessarily in agreement that any one of those three alternatives
would be acceptable due to the truck traffic. He asked why trucks are even allowed on Nathan
Lane as they access 49th Avenue.
Public Works Director Faulkner stated Nathan Lane is a State aid roadway, and it would be
difficult to cul-de-sac. However, if the Council desires, the State aid designation could be
removed in order to cul-de-sac this road.
Community Development Director Hurlburt stated that the scope of this study didn't include cul-
de-sacing Nathan Lane.
Councilmember Johnson asked if there could be berming for townhomes in the area when
Nathan Lane is realigned. Planning Manager Senness replied yes.
Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to adopt
a Resolution Concluding the Land Use Study and Approving Comprehensive Plan Amendments
for the City of Plymouth for Property Known as "Study Area C" located South of Bass Lake
Road and West of Highway 169 in the Northeastern Corner of the City (2001062 — Res2001-
521).
Councilmember Johnson stated if landowners and developers work with staff for a mixed use
development, she would be interested in reviewing the plans.
Councilmember Harstad stated he wouldn't support Alternative B. He is very hesitant when the
Council is considering rezoning and reguiding when there isn't total support of the property
owners. He believes the Council is trying to solve the problems associated with the truck traffic
indirectly.
Councilmember Hewitt stated that she supports the motion as it would be the best alternative of
the three alternatives, and it would be a good mixture from the residential.
Councilmember Slavik stated that Alternative B provides the best transition from commercial to
residential. She stated that the City would need to monitor the traffic issue and mitigate if
necessary.
Councilmember Stein stated he wouldn't support Alternative B. He couldn't support residential
development for parcel 5 due to the traffic. Therefore, he made a motion to amend the land use
guide for parcels 3, 4, and 5 to commercial office. This motion failed for lack of a second.
Adopted City Council Minutes
Regular Meeting of November 27, 2001
Page 13 of 20
Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to call
the question. With all members voting in favor, the motion carried.
The Council voted on the main motion, and with Hewitt, Slavik, Johnson, Black, and Tierney
voting yes, and Stein and Harstad voting no, the motion carried.
The Council took a break from 9:35 p.m. to 9:50 p.m.
8.5) Consideration of Conditional Use Permit to Allow Construction of a 28 -Foot by 28 -
Foot Second Attached Garage onto the Home at 4270 Fountain Lane North (Wolfgang and
Linda Boss — 2001117)
Community Development Director Hurlburt reported on the request of Wolfgang and Linda Boss
for a Conditional Use Permit to allow a 28 -foot by 28 -foot attached garage. She explained their
home has an existing 24 -foot by 34 -foot attached garage. The garage addition in the rear yard
would bring the total attached garage space to 1,600 square feet. A Conditional Use Permit is
required for attached garage space in excess of 1,000 square feet.
She explained on September 12, the applicant received approval of a Building Permit to
construct a 28 -foot by 50 -foot two-story family room addition over an office and shop in the rear
yard of the property. The addition is currently under construction. The applicant is proposing to
convert the shop portion of the addition into a tuck -under garage. This would be accomplished
by installing an 8 -foot by 16 -foot panel garage door in the rear yard for access. The applicant
has indicated that the intended use of the garage is for storage of lawn equipment, canoes, and
possibly in the future, a boat. She stated the Planning Commission voted 3-2 at their November
7 meeting to deny the Conditional Use Permit. The Commission's concerns related primarily to
the potential impact of a driveway on the adjacent home. The Commissioners opposing the
permit noted that even though a driveway is not included in the present application, one could be
installed at any time without the need for a Building Permit
She noted that there was opposition to the request from the adjacent property owner to the north
as there are concerns about whether the proposed addition and the storage of equipment would
violate the rules of the homeowners association, as well as the size and height of the addition.
She stressed that the Conditional Use Permit only addresses the use of the addition. Staff is
recommending approval of the Conditional Use Permit with the condition that there not be an
improved driveway to the garage, which would assist in limiting the amount of the traffic
through that area.
Councilmember Johnson asked if this permit is approved this evening, what type of process
would there be for the applicant to add a driveway. Community Development Director Hurlburt
Adopted City Council Minutes
Regular Meeting of November 27, 2001
Page 14 of 20
replied the applicant would need to request an amendment to the Conditional Use Permit. She
indicated that any future property owner would also be notified of this provision.
Councilmember Harstad asked if there is a wetland setback. Community Development Director
Hurlburt replied the impervious surface area is calculated on the land area of the lot.
Councilmember Harstad asked if the applicants have submitted a Building Permit application for
a pool in the backyard. Community Development Director Hurlburt replied no.
Councilmember Slavik asked if this permit is approved without driveway access to the garage,
what occurs if there starts to be a path in the yard leading to the garage. Community
Development Director Hurlburt replied it would only be considered a driveway if there were
gravel or some material in the path. She stated there is a concern about the grade differential and
the possibility of ruts, mud, etc.
Councilmember Hewitt asked if the applicant intended to construct a garage when they applied
for the Building Permit. Community Development Director Hurlburt replied the applicant
altered the plans, received the Building permit, and then began the process for the Conditional
Use Permit.
Councilmember Johnson asked how large of a detached garage could the applicant construct
without a Conditional Use Permit. Community Development Director Hurlburt replied they
could construct a garage up to 1,000 feet. She explained the size of the garage is to limit the
accessory use to the primary use of the home.
Councilmember Hewitt asked if this permit wasn't approved as presented, what other kind of
doorway could the applicant construct on the structure. Community Development Director
Hurlburt replied if the size of the door doesn't allow for the storage of boats and cars, then the
structure wouldn't serve the function of a garage.
Chuck Cuppelian, a registered engineer that is working with the applicant on their project, stated
he was asked by the applicants to research options for a pervious surface driveway that would
lead to the new garage. He illustrated a brochure on such a surface that is basically a
polyurethane grid. One would lay down the grid, fill it with topsoil, and plant grass. This
surface would be a pervious surface that would need to be watered and mowed. This type of
product has been used at a public boat launch at Green Lake, residences in the City of Duluth,
and a fire access road in Bloomington.
Community Development Director Hurlburt stated staff would like to review those materials for
the infiltration rates.
Adopted City Council Minutes
Regular Meeting of November 27, 2001
Page 15 of 20
Mayor Tierney reminded everyone that this is not part of the discussion this evening.
Wolfgang Boss, 4270 Fountain Lane North, stated the Planning Commission's decision was
based on issues that were irrelevant to the garage issue.
Mayor Tierney asked why they are changing the use of the lower level of this structure from a
shop to a garage.
Mr. Boss replied this garage would provide storage for their riding lawnmower, perhaps a boat,
and other miscellaneous equipment. He would also like to have a hobby shop area. No trucks or
cars are intended to be stored in the garage, and this garage would never be used in the winter.
He stated that their son would soon be acquiring a vehicle, and that vehicle would be stored in
the third stall garage. He mentioned the privacy that the proposed structure would provide as
well as a barrier from the adjacent neighbor. He is considering a smaller and ornamental type
garage door for the garage. He stated he would accept a condition on the Conditional Use Permit
that the garage couldn't be used for storage of vehicles. He indicated that they would like some
type of a driveway access to the garage.
Councilmember Hewitt asked why the Conditional Use Permit wasn't requested initially. Mr.
Boss replied that information was provided to them when they received their Building Permit.
He added that they wanted to begin construction of the garage before winter.
Mayor Tierney stated that she would have difficulty placing a restriction on the permit that no
vehicles could be stored in the garage.
Community Development Director Hurlburt stated one of the Planning Commission's concerns
was what would occur when this property would be sold and there is a new owner. This
structure would be on site that would allow a garage type use.
Councilmember Johnson stated if there was a restriction that no vehicles could be stored in the
garage, that would assure that future property owners would only use the garage for storage.
Linda Boss, 4270 Fountain Lane North, stated before the design stage of the garage, they
contacted staff regarding any ordinances. However, they were not aware that a Conditional Use
Permit was necessary for the garage until they received their Building Permit. She stated due to
the configuration of their lot and the easement agreement, there isn't ample area to build a
detached garage. She spoke of her conversations with the adjacent neighbor about their intent to
construct an addition with a tuck under garage. She stated they even relocated the location of the
garage door, as it would be more impeding if it was located on the front of the addition. She
never asked the adjacent property owner if she was opposed to their plans, or did the neighbor
ever mention that she was opposed to their plans. They have discussed their garage addition
Adopted City Council Minutes
Regular Meeting of November 27, 2001
Page 16 of 20
with most of the neighbors, and the majority of them are not opposed. She had no knowledge
that the adjacent neighbor was opposed to their addition until the day of the Planning
Commission's hearing. All offers that they have made to the adjacent neighbor to satisfy their
concerns have been declined.
Jennifer Blackley, 8240 Fountain Lane, stated their first notification of the dimensions of the
structure came through the notice on the Conditional Use Permit, and the structure was already in
place at that time. She presented a petition to the Council that requested denial of the
application. She explained there were issues within the neighborhood, i.e. the notification after
the structure was built as well as the size of the addition. She illustrated where the residents
resided who signed the petition.
Councilmember Johnson asked if any of the individuals who signed the petition are present this
evening to ask questions of the applicant. Ms. Blackley replied no, as they felt it was only
necessary to have one individual present at the Council meeting to present the petition.
Councilmember Johnson asked what is the concern that relates directly to the Conditional Use
Permit. Ms. Blackley replied the massive size of the garage space as well as the use of that
space.
Councilmember Johnson asked Ms. Blackley that if the Council were to place a condition on the
Conditional Use Permit that there not be any storage of vehicles in the garage, would that
address the concerns of the residents who signed the petition. Ms. Blackley replied no. She
explained the Conditional Use Permit was not applied for in the correct order, which thereby
limited any input from the neighbors for the location of the structure. She reiterated that the size
of the garage is a concern. She feels the City would be placing the neighborhood in an
unfortunate position, as they would need to monitor the use of the garage.
Councilmember Johnson stated the applicants could've constructed a detached garage up to
1,000 square feet without a Conditional Use Permit. Ms. Blackley replied that is correct;
however, that is not what is currently proposed this evening.
Mayor Tierney stated she is not totally convinced that what the applicants are doing themselves
is as much of a concern as to how this would appear to the aesthetic value of a neighborhood.
She stated Ms. Blackley has a right to feel violated due to the size of the structure. She added
that this issue has a lot to do with impervious surface.
Ms. Blackley stated the applicants' intent is to use a driveway to the structure whether it's
impervious or pervious.
Adopted City Council Minutes
Regular Meeting of November 27, 2001
Page 17 of 20
Gary Langer, 4285 Fountain Lane, stated Ms. Blackley has stated that essentially the residents of
Holly Creek One, which are 13 homes in the two cul-de-sac area, have all signed the petition
opposing the Conditional Use Permit. He stated he and his wife weren't even asked for their
comments on the permit as Ms. Blackley knew that they would have a different opinion. He
stated that Ms. Blackley's map that she referenced indicated who in the neighborhood signed the
petition. That map was incorrect as their property was indicated that they had signed the
petition. He noted that their property is straight across from the Blackleys and "kiddy corner"
from the applicants. He stated that the applicants' addition would increase the property values in
the area. He noted that he wasn't taking sides on this issue until Ms. Blackley stated that he was
opposed to the Conditional Use Permit.
Ms. Blackley acknowledged her mistake on her map, and she confirmed that the Langers did not
sign the petition.
Tom Lund, from Lakewinds Nursery and Landscaping, illustrated different landscaping
techniques for the applicants' property.
Motion was made by Councilmember Black and seconded by Mayor Tierney, to adopt a
Resolution Approving a Conditional Use Permit for Wolfgang and Linda Boss to allow
Construction of a 28 -foot by 28 -foot Second Attached Garage, for Property located at 4270
Fountain Lane North (2001117 — Res2001-522).
Councilmember Johnson requested that there be a condition placed on the Resolution that the
garage would only be utilized as a secondary garage storage facility for boats, trailers, lawn
tractors, and any equipment not used on a daily basis.
Councilmember Hewitt asked who would monitor this condition. Community Development
Director Hui lbuit acknowledged that these conditions are difficult to monitor, and they are on a
complaint basis.
Community Development Director Hurlburt stated the Council could amend the Resolution by
adding a condition to state, "The garage shall not be used to store motorized vehicles, except for
recreational vehicles and lawn maintenance equipment for use on the premises."
Motion was made by Councilmember Johnson, and seconded by Councilmember Stein to amend
the main motion to add a condition to the Resolution to state, "The garage shall not be used to
store motorized vehicles except for recreational vehicles and lawn maintenance equipment for
use on the premises."
Adopted City Council Minutes
Regular Meeting of November 27, 2001
Page 18 of 20
Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to call
the question on the amendment. With Johnson, Black, Harstad, and Tierney voting yes, and
Hewitt, Slavik and Stein voting no, the motion carried.
Motion was made by Councilmember Johnson, and seconded by Mayor Tierney to reconsider
calling theueg stion. With all members voting in favor but Black, the motion carried.
Councilmember Slavik stated she has a concern on the neighborhood being responsible to police
the use of the garage. She stated the applicant could be driving up and down their yard several
times during the day.
Councilmember Hewitt stated that the amendment places the neighbors in an unfortunate
position of having to monitor the use of the garage.
Councilmember Harstad echoed Councilmember Hewitt. He stated if the structure is a garage,
one would use it as a garage, and there would be a driveway to access the garage. He doesn't
support limiting what could be stored in the garage.
Councilmember Johnson reminded the Council that if the applicant desired another garage, they
could construct a detached garage up to 1,000 feet without a Conditional Use Permit. The
applicant could also drive up and down the yard to a detached garage several times during the
day. She explained that a Conditional Use Permit allows the Council to place reasonable
conditions on the permit. She noted that the applicant has agreed to the proposed condition. She
stated it is not unusual for neighbors to self police their neighborhoods.
Councilmember Slavik voiced her concern on how the applicant didn't apply for the Conditional
Use Permit until after they received their Building Permit, when their intent was to construct a
garage from the very beginning.
Motion was made by Councilmember Stein, and seconded by Councilmember Black to call the
question on the amendment. With all members voting in favor, the motion carried.
The Council then voted on the amendment. With Johnson, Stein, Black, and Tierney voting yes,
and Hewitt, Slavik, and Harstad voting no, the motion carried.
Motion was made by Councilmember Harstad, and seconded by Mayor Tierney to amend
condition No. 3 to state. "The subject property is subject to a maximum impervious surface
coverage of 25 percent. Exceeding the maximum would require approval of a Variance." With
Hewitt, Black, Harstad, and Tierney voting yes, and Slavik, Johnson, and Stein voting no, the
motion carried.
Adopted City Council Minutes
Regular Meeting of November 27, 2001
Page 19 of 20
The Council voted on the amended main motion and with Johnson, Stein, Black, Harstad, and
Tierney voting yes, and Hewitt and Slavik voting no, the motion carried.
8.55) Resolution Setting Public Hearing on the Sale of City Owned Properties Associated
with the County Road 101 Improvement (9005)
Motion was made by Councilmember Stein, and seconded by Mayor Tierney, to adopt a
Resolution Setting Public Hearing (January 8 2002) for the Sale of City Owned Properties
Associated with the County Road 101 Improvement Project (9005 — Res2001-523).
Councilmember Johnson requested that staff prepare an outline of the process for the disposal of
the homes and basis for not utilizing a real estate agent if that may be the case.
Public Works Director Faulkner explained that staff is still in the process of analyzing all options
for the sale process of the homes.
Councilmember Hewitt stated the committee that staff has assembled has met approximately five
times, and she attends those meetings. She has been in close contact with Interfaith Outreach
who would like to repair and resell the homes.
City Manager Johnson stated the purpose of the public hearing is to determine whether to sell the
homes. He stated out of the seven properties, two of the homes are in the best shape.
Councilmember Harstad asked if there is a representative of the County who attends the
committee's meetings as there is a cost sharing agreement with the County for the County Road
101 improvement. He stated he is very concerned about a sealed bid sale of the homes, as it may
not provide enough opportunity for those individuals who are interested in submitting bids on the
hofnes.
Councilmember Johnson requested that the Council be notified when the committee meets to
discuss the disposition of the homes, as she would like the opportunity to attend a meeting.
There being no further discussion and with all members voting in favor, the motion carried.
8.6) Board and Commission Interviews
Mayor Tierney stated the Board and Commission interviews that were scheduled for November
26 had to be postponed due to the bad weather. She suggested that the Council conducts the
interviews on December 17 at 6:00 p.m. and includes the CCR and Deputy Mayor appointments
as well.
Adopted City Council Minutes
Regular Meeting of November 27, 2001
Page 20 of 20
Motion was made by Mayor Tierney, and seconded by Councilmember Slavik, to conduct the
Board and Commission interviews on December 17 at 6:00 p.m., and this would include the
discussion of the CCR and Deputy Mayor appointments. With all members voting in favor, the
motion carried.
8.7) Resolution Establishing Regular Meetings Dates and Board of Review Meeting Dates
for 2002
Councilmember Slavik asked if it would be possible to move the Regular Council Meetings to
Tuesday evenings rather than Monday evenings.
Mayor Tierney stated the City Attorney is unable to attend meetings on Monday evenings.
Councilmember Hewitt stated that she would support Monday evenings rather than Tuesday
evenings for Regular Council Meetings.
Motion was made by Mayor Tierney, and seconded by Councilmember Black to adopt a
Resolution Establishing Regular Meeting Dates and Board of Appeal and Equalization Meeting
Dates for 2002 (Res2001-524). With all members voting in favor but Hewitt, the motion carried.
Reports and Recommendations
There were no items under Reports and Recommendations).
Adiournment
Mayor Tierney adjourned the meeting at 11:50
S,6indra R. Paulson, City Clerk