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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. CA : _`fes[0iT- 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