HomeMy WebLinkAboutCity Council Minutes 12-18-1996Minutes
Regular Council Meeting
December 18, 1996
The regular meeting of the Plymouth City Council was called to order by Mayor Tierney
at 7:00 p.m., in the City Council Chambers, 3400 Plymouth Blvd., on December 18,
1996.
COUNCIL PRESENT: Mayor Tierney; Councilmembers Black, Wold, Lymangood, and
Preus. Councilmember Granath arrived at 7:05 p.m. Councilmember Anderson arrived
at 7:55 p.m.
ABSENT: None
STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public
Works Director Moore, Community Development Director Hurlburt, Finance Director
Hahn, Park Director Blank, Public Safety Director Gerdes, City Attorney Knutson, and
City Clerk Ahrens.
Item 3 Forum
No one appeared for the Plymouth Forum.
Item 4-A Crime Free Multi -Housing Recognition - Summerplace Apartments
Sara Cwayna, described the Crime Free Multi -Housing program and
congratulated Summerplace Apartments for their efforts and successful
completion of the Program. Police Officer Karen Forslund presented
certificates to the Summerplace representative for completion of management
training courses, meeting security requirements, and conducting resident
meetings on crime and fire prevention tips.
Councilmember Granath arrived at 7:05 p.m.
Item 4-11 Wayzata Hockey Check Presentation
Dave Sorenson, representing the District 284 Youth Hockey Association,
presented a check for $75,000 toward the City's ice facilities project. He said
the District 284 Youth Hockey Association has over 800 members, and 80
percent of the youth participants are from Plymouth. This is the second
75,000 check presented by the Association to the City, toward their $250,000
commitment to the project.
Regular Council Meeting
December 18, 1996
Page 2
Item 4-C Expression of Cooperation Regarding the Armstrong Gym
Tom O'Connell, School District 281 Board member, thanked the City Council
for their cooperative efforts to build an addition to the Armstrong Gym. He
said there are costs to the School District and the City, but he believes this is
an impressive joint project.
Item 4-D Recognition of Councilmembers Anderson, Granath, and Lymangood
Mayor Tierney presented pictorial plaques of appreciation to Councilmembers
Granath and Lymangood for their service to the City from 1994 through 1996.
Item 5 Approve Agenda
City Manager Johnson suggested that a report on Ameridata be added to the
agenda.
Councilmember Lymangood requested that a commendation to staff for their
efforts over the past few years be added to the agenda.
Motion was made by Councilmember Black, seconded by Councilmember
Preus, to approve the agenda with the two additions noted. Motion carried,
six ayes.
Item 6 Consent Agenda
City Manager Johnson distributed amended resolutions on Items 6-G5 and
6-Y. These items remained on the consent agenda.
Councilmember Lymangood removed Item 6-Z from the consent agenda for a
brief report.
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to approve the Consent Agenda as amended. Motion carried, six ayes.
Item 6-A Approve Minutes
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to approve the minutes of the November 6 Regular Meeting, and the
December 4 Truth in Taxation Hearing. Motion carried, six ayes.
Item 6-B Approve Disbursements
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-682 APPROVING DISBURSEMENTS
FOR THE PERIOD ENDING DECEMBER 6,1996. Motion carried, six
ayes.
Regular Council Meeting
December 18, 1996
Page 3
Item 6-C Set Hearing to consider Vacation in Parkers Lake Gardens Addition
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-683 ORDERING PUBLIC HEARING
ON THE PROPOSED VACATION OF PART OF EAST STREET
RIGHT-OF-WAY IN PARKERS LAKE GARDENS, NOW
CONTAINED WITHIN LOT 1, BLOCK 1, MINNEAPOLIS
INDUSTRIAL PARK 5TH ADDITION. Motion carried, six ayes.
Item 6-D 1997-2001 Capital Improvements Program (96151)
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-684 APPROVING THE CAPITAL
IMPROVEMENTS PROGRAM (CIP) FOR THE CITY OF
PLYMOUTH. Motion carried, six ayes.
Item 6-E Fire Relief Association By -Laws
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-685 APPROVING PROPOSED
CHANGES IN THE PLYMOUTH FIRE RELIEF ASSOCIATION BY-
LAWS COVERING BENEFITS AND PENSIONS. Motion carried, six
ayes.
Item 6-F License and Permit Fees
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt ORDINANCE 96-32 AN ORDINANCE RELATING TO
PERMIT PROCEDURES AND FEES AND AMENDING SECTIONS
1015.19,1015.21, AND 1015.23 OF THE PLYMOUTH CITY CODE.
Motion carried, six ayes.
Item 6-G1 Tobacco License Renewals
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-686 APPROVING 1997 CIGARETTE
LICENSES. Motion carried, six ayes.
Item 6-G2 Gasoline Service Station License Renewals
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-687 APPROVING GASOLINE
SERVICE STATION LICENSES FOR 1997. Motion carried, six ayes.
Item 6-G3 Kennel License Renewals
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-688 APPROVING KENNEL
LICENSE FOR 1997. Motion carried, six ayes.
Regular Council Meeting
December 18, 1996
Page 4
Item 6-G4 Amusement License Renewals
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-689 APPROVING 1997
AMUSEMENT LICENSES. Motion carried, six ayes.
Item 6-G5 Taxicab and Taxi Driver License Renewals
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-690 APPROVING TAXICAB AND
TAXI DRIVER LICENSES FOR 1997. Motion carried, six ayes.
Item 6-11 Change Order - Elm Creek Playfield Project No. 329
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-691 APPROVING CHANGE ORDER
NO.3 FOR THE ELM CREEK PLAYFIELD. Motion carried, six ayes.
Item 6-I Reject Acquisition of Johnson Bros. Parcel for Open Space
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-692 REJECTING ACQUISITION OF
JOHNSON BROS. OPEN SPACE PARCEL. Motion carried, six ayes.
Item 6-J Revision of Park Dedication Policy
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-693 APPROVING PARK
DEDICATION FEES FOR 1997. Motion carried, six ayes.
Item 6-K Revision to Guidelines for Requesting City Contributions to Playground
Improvements
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-694 ADOPTING REVISED
GUIDELINES FOR REQUESTING CITY CONTRIBUTIONS TO
PLAYGROUND IMPROVEMENTS. Motion carried, six ayes.
Item 6-L1 Automatic Mutual Aid - Maple Grove
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-695 RESOLUTION AUTHORIZING
THE IMPLEMENTATION OF AN AUTOMATIC MUTUAL AID
RESPONSE AGREEMENT FOR FIRE AND WATER RESCUE
INCIDENTS BETWEEN PLYMOUTH AND MAPLE GROVE FIRE
DEPARTMENTS. Motion carried, six ayes.
Regular Council Meeting
December 18, 1996
Page 5
Item 6-L2 Automatic Mutual Aid - Wayzata
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to renew an existing mutual aid response agreement between Plymouth
and Wayzata Fire Departments. Motion carried, six ayes.
Item 6-M Bid Bond Forfeiture for Plymouth Ice Arena Bid
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-696 RESCINDING AWARD OF BID.
Motion carried, six ayes.
Item 6-N 1997 Compensation and Classification Plan
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-697 APPROVING THE 1997
CLASSIFICATION AND COMPENSATION IMPLEMENTATION
PLAN. Motion carried, six ayes.
Item 6-0 Wayzata School District 284 Joint Powers Agreement Amendment
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-698 APPROVING SECOND
AMENDMENT TO JOINT POWERS AGREEMENT WITH
INDEPENDENT SCHOOL DISTRICT 284 FOR DESIGN,
CONSTRUCTION, OPERATION, MAINTENANCE AND USE OF A
GYMNASIUM ADDITION TO WAYZATA HIGH SCHOOL, AND
AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE
THE AGREEMENT. Motion carried, six ayes.
Item 6-P Contract with Metropolitan Council for Inflow/Infiltration Loan/Grant
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-699 APPROVING
INFLOWANFILTRATION LOAN AGREEMENT WITH
METROPOLITAN COUNCIL. Motion carried, six ayes.
Item 6-Q Revisions to Suburban Transit Association Joint Powers Agreement
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-700 RELATING TO JOINT AND
COOPERATIVE AGREEMENT AND AUTHORIZING MEMBERSHIP
IN SUBURBAN TRANSIT ASSOCIATION. Motion carried, six ayes.
Regular Council Meeting
December 18, 1996
Page 6
Item 6-11 Plymouth Metrolink and Dial -A -Ride Management Plan and Budget
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-701 APPROVING THE
APPLICATION TO THE METROPOLITAN COUNCIL FOR THE
PROVISION OF -PLYMOUTH METROLINK AND PLYMOUTH
DIAL -A -RIDE SERVICES FOR THE CALENDAR YEAR 1997 AND
AUTHORIZING THE EXECUTION OF CONTRACTS REQUIRED
FOR THE IMPLEMENTATION OF THE APPLICATION. Motion
carried, six ayes.
Item 6-S Reductions in Required Financial Guarantees
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-702 REDUCING REQUIRED
FINANCIAL GUARANTEE, ROCKFORD ESTATES ADDITION
93008). Motion carried, six ayes.
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-703 REDUCING REQUIRED
FINANCIAL GUARANTEE, PARK WOODS TOWNHOMES
ADDITION (95127). Motion carried, six ayes.
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-704 REDUCING REQUIRED
FINANCIAL GUARANTEE, GOLFVIEW WOODS ADDITION
96056). Motion carried, six ayes.
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-705 REDUCING REQUIRED
FINANCIAL GUARANTEE, PLUM TREE 2ND ADDITION (96103).
Motion carried, six ayes.
Item 6-T Vacation of Trail Easements
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-706 ORDERING A PUBLIC
HEARING ON THE PROPOSED VACATION OF A TRAIL
EASEMENT IN LOT 1, BLOCK 1, WORD OF LIFE ADDITION,
DOCUMENT NUMBER 1618219. Motion carried, six ayes.
Regular Council Meeting
December 18, 1996
Page 7
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-707 ORDERING A PUBLIC
HEARING ON THE PROPOSED VACATION OF A TRAIL
EASEMENT IN PARK WOODS TOWNHOMES ADDITION,
DOCUMENT NUMBER 2689754. Motion carried, six ayes.
Item 6-U Ryan Construction Company, Inc. Certificate of Completion of Contract
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-708 AUTHORIZING THE RELEASE
AND DISCHARGE OF OBLIGATIONS FOR CONSTRUCTION OF
IMPROVEMENTS BY RYAN CONSTRUCTION COMPANY OF
MINNESOTA, INC. FOR THE ROCKFORD ROAD PLAZA
SHOPPING CENTER. Motion carried, six ayes.
Item 6-V Plymouth Oaks 2"d Addition Wetlands Replacement Plan
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-709 APPROVING FILLING
WETLANDS AND THE WETLAND REPLACEMENT PLAN FOR
PLYMOUTH OAKS 2ND ADDITION (96173), DAHLSTROM
PETERSON EIDEN PARTNERSHIP. Motion carried, six ayes.
Item 6-W Council Chambers Renovation - Final Payment
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-710 APPROVING FINAL PAYMENT
TO PARKOS CONSTRUCTION INC. FOR COUNCIL CHAMBERS
RENOVATION. Motion carried, six ayes.
Item 6-X Thrall Distribution, Inc. Release of Security Agreement
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-711 APPROVING THE RELEASE
OF SECURITY AGREEMENT AND CONVEYING PROPERTY TO
THRALL DISTRIBUTION, INC. Motion carried, six ayes.
Item 6-Y Appoint Judy Johnson and Tim Bildsoe to City Center Subcommittee
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-712 APPOINTING JUDY JOHNSON
AND TIM BILDSOE TO CITY CENTER SUBCOMMITTEE. Motion
carried, six ayes.
Regular Council Meeting
December 18, 1996
Page 8
Item 6 -AA Ice Arena - Change Order No. 1 for Northland Concrete and Masonry
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 96-713 APPROVING CHANGE ORDER
NO. 1 WITH NORTHLAND CONCRETE. Motion carried, six ayes.
Item 6-Z Accept City Center Subcommittee Report
Councilmember Lymangood said there are two parties currently interested in
the city -owned parcel at Vicksburg Lane and Highway 55. Written proposals
have been submitted by both parties, and they are proceeding toward
submission of site plans by year end. This information will be reviewed by
the City Center Subcommittee in January.
Councilmember Wold said he is anxious to move forward with the project and
hopes that a direction can be decided at the January 22 meeting. There is
interest in the community in having a theater on the site.
City Manager Johnson distributed a letter that was sent to theater companies
notifying them of the City's process and asking if they may have an interest in
purchasing the site.
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to receive the City Center Subcommittee report,
approve the letter sent to theater companies, and direct that the selection of a
buyer for the City -owned land at Vicksburg and Highway 55 be placed on the
January 22, 1997 council agenda. Motion carried, six ayes.
Item 7-A Vacation of Trail Easement in Ponderosa Woods 2"d Addition
Public Works Director Moore presented the staff report on the proposed
vacation of a trail easement within Outlots A and B, Ponderosa Woods 2"d
Addition.
Mayor Tierney opened the public hearing. No one appeared and the hearing
was closed.
Motion was made by Councilmember Lymangood, seconded by
Councilmember Preus, to adopt RESOLUTION 96-714 AUTHORIZING
THE VACATION OF A TRAIL EASEMENT IN PONDEROSA
WOODS 2ND ADDITION. Motion carried, six ayes.
Regular Council Meeting
December 18, 1996
Page 9
Item 7-B Vacation of Trail Easement in Golfview Estates Addition
Public Works Director Moore presented the staff report on the request for
vacation of a part of 45" Avenue North in Golfview Estates Addition. He
recommended approval of the vacation with the condition that it not be
recorded until the property owner deeds to the City a new drainage and utility
easement. -
Mayor Tierney opened the public hearing. No one appeared and the hearing
was closed.
Motion was made by Councilmember Black, seconded by Councilmember
Preus, to adopt RESOLUTION 96-715 AUTHORIZING THE
VACATION OF PART OF 45TH AVENUE NORTH RIGHT-OF-WAY
IN GOLFVIEW ESTATES ADDITION, and RESOLUTION 96-715A
SETTING CONDITIONS TO BE MET PRIOR TO FILING OF
RESOLUTION NO. 95-715 VACATING PART OF 45TH AVENUE
NORTH RIGHT-OF-WAY ADJACENT TO LOT 1, BLOCK 3,
GOLFVIEW ESTATES ADDITION. Motion carried, six ayes.
Item 8 -Al Request for Stop Sign at 43`d Avenue and Ithaca Lane
Public Works Director Moore presented the staff report on the request for all -
way stop signs at 43`d Avenue and Ithaca Lane. A petition was submitted to
the City Engineer for review of conformance with the Uniform Traffic
Manual. The intersection was investigated and staff determined that it does
not meet the criteria for an all -way stop. Director Moore said a traffic/speed
study conducted at Ithaca Lane and 43`d Avenue showed the 85' percentile
speed is 30 mph, which is the posted limit. There is no accident history, sight
distance problem, excessive street grades, or sharp angles which may warrant
a stop sign installation.
Mayor Tierney asked if the residents living closest to the requested stop sign
location have signed the petition.
Public Works Director Moore responded that residents on all four corners of
the intersection have supported the petition.
Bill Brau, 4315 Ithaca Lane, said that 100 percent of the residents within 500'
of the proposed stop sign location have signed the petition. It is difficult for
residents to back from their driveways to the street.
Rhonda Brau, 4315 Ithaca Lane, said that there are many children living in the
homes on Ithaca Lane from 43`d to 44"' Avenue. Residents have parked their
Regular Council Meeting
December 18, 1996
Page 10
vehicles on the street to attempt to slow traffic. She believes it is unfair that
children cannot use the street to play and to get to the neighborhood outlots
and trails. The owner of the property at the corner of 43`d Avenue and Ithaca
Lane has difficulty backing from his driveway. She said that people cut
through this neighborhood as a short-cut. No residents in the area have an
objection to the stop signs, and a former speed bump has been removed.
Mayor Tierney asked if traffic is worse than in 1992 when this petition was
first submitted to the City.
Ms. Brau said there are more teens and children in the area, and in 1992 a
young boy was hit by a car.
Councilmember Preus asked about the speed hump. Public Works Director
Moore said there was no speed hump in this location. The resident is referring
to a traffic counter.
Mr. Brau clarified that a petition was submitted in 1992, but the issue has not
been considered before by the City Council.
Motion was made by Mayor Tierney, seconded by Councilmember Granath,
to adopt RESOLUTION 96-716 INSTALLATION OF "ALL -WAY"
STOP SIGNS. Motion carried, six ayes.
Item 8-A2 Request for Stop Signs at 47th Place/48th Avenue and Valley Forge Lane
Public Works Director Moore said that an all -way stop sign has been
requested at 47`h Place/481h Avenue and Valley Forge Lane. Valley Forge
Lane from Schmidt Lake Road to 46`h Avenue is designated as a minor
collector street. For many years, Valley Forge Lane was a dead-end street;
however, portions of Valley Forge Lane have been constructed northward
from 46`h Avenue until the final link was made to Schmidt Lake Road in 1994.
There is now a higher level of through traffic.
Staff conducted speed studies on Valley Forge Lane. The studies showed that
the 85`h percentile speed was 32 mph, which indicates no significant speeding
problem. Traffic approaching this intersection from the north is on a
downgrade, although there is good sight distance and currently east/west
traffic stops at this intersection. In addition, there is a public trail crossing of
Valley Forge Lane about 110 feet south of the 47`h Place intersection. There is
no traffic accident history to justify an all -way stop at this location.
Subsequently, a petition was submitted for installation of an all -way stop at
either 48`h Avenue and Valley Forge Lane or 47`h Place/48`h Avenue and
Regular Council Meeting
December 18, 1996
Page 11
Valley Forge Lane. Staff recommends that neither intersection warrants an
all -way stop.
City Manager Johnson said that if the Council is inclined to approve a stop
sign installation, staff believes it is more reasonable to install an all -way stop
at 47`h Place/48`h Avenue and Valley Forge Lane which is a four-way
intersection, rather than at the T -intersection of Oh Avenue and Valley Forge
Lane.
Councilmember Anderson arrived at 7:55 p.m.
Kathleen Radke, 4825 Valley Forge Lane, said that last spring a boy was
almost struck by a vehicle in this neighborhood. The daily traffic volume is
over 500 vehicles, with about 25 percent of drivers exceeding the speed limit.
She said the intersection of 47`h Place/48'h Avenue and Valley Forge Lane is
near a crosswalk which connects to a neighborhood park. The slope of the
roadway makes it difficult for vehicles to stop if needed. Ms. Radke said that
many drivers select Valley Forge Lane as a short-cut between Schmidt Lake
Road and Rockford Road. She requested that at least one all -way stop sign
installation be approved. She said that the traffic enforcement in the area has
not been effective, and she does not believe this is a good use of police time.
Ms. Radke clarified that residents are requesting all -way stops at both
intersections but would like at least one approved. A petition was collected
from residents within 500' of both locations, and letters of support were
received from the Deerwood Glen Homeowners Association. Residents
would like the stop signs in place before Spring 1997.
Councilmember Wold said these intersections are very close together and
questioned if residents are requesting all -way stop sign installation at both
intersections.
Ms. Radke said residents are petitioning for an all -way stop at both
intersections. The intersections are about 1/3 mile apart.
Councilmember Preus asked how many individuals who did not sign the
petition were opposed to the stop sign installation.
Ms. Radke responded that only one resident in the southern area refused to
sign the petition.
Howard Held, 4625 Valley Forge Lane, said he built his home at 46`h Avenue
and Valley Forge Lane five years ago. There has been a significant increase in
traffic since Valley Forge Lane was connected to Schmidt Lake Road. His
Regular Council Meeting
December 18, 1996
Page 12
children need to cross Valley Forge Lane to get to Rolling Hills Park, and his
youngest child was nearly struck by a vehicle last year. He has erected a 6
foot high privacy fence on his property in order to provide a safe location for
his children to play. He has difficulty leaving his driveway and disagreed
with staff's conclusion that there is not a speeding problem in the area. He
said that traffic was slowed during the time the traffic counter was in place.
Mr. Held said that the sale of two homes located on Valley Forge Lane
between 45`x' and 47`' Avenue has been hampered due to the traffic situation.
He favors an all -way stop at both intersections, but wants at least an all -way
stop at the four-way intersection.
Dane Carroll, 10735 48`h Avenue, said there is a need for stop signs at both
intersections due to the roadway slope and sight lines. Residents are
concerned about safety because of the number of children in the area, and are
particularly concerned that traffic will increase next year when Zachary Lane
is reconstructed.
Dave Kloyda, 4765 Valley Forge Lane, said he is a ten-year resident and
supports all -way stops at both intersections. He said the traffic speed counts
are incorrect, particularly during rush hour traffic. He believes most traffic
travels between 40 and 50 mph, and extra enforcement in the area has not
helped. He had requested additional patrol in the area on a particular night
and was informed that this could not be guaranteed.
Motion was made by Councilmember Black, seconded by Councilmember
Preus, to adopt RESOLUTION 96-717 INSTALLATION OF "ALL -
WAY" STOP SIGNS, at 47' Place/481h Avenue and Valley Forge Lane.
Councilmember Anderson apologized for being late due to travel. He
supports the resolution.
Councilmember Black explained to residents that this resolution directs
placement of stop signs at only one of the intersections. She encouraged
residents to contact her if the problem continues.
Councilmember Anderson asked if the Traffic Enforcement Unit has targeted
this area. Public Safety Director Gerdes said the unit was in this area last
summer, and it will be done again.
Motion carried, six ayes.
Regular Council Meeting
December 18, 1996
Page 13
Motion was made by Councilmember Preus, seconded by Councilmember Black, to
amend the agenda to allow for a presentation to Councilmember Anderson as Item 9-B.
Motion carried, seven ayes.
Item 8-13 Adoption of Comprehensive Plan and Zoning Ordinance
Community Development Director Hurlburt presented the staff report on the
proposed Comprehensive Plan amendments, Zoning Ordinance, and related
actions. She said that a complete revision of the Comprehensive Plan will be
done over the next two years. The City Council discussed a number of issues
relating to the draft Zoning Ordinance at the December 11 meeting. Director
Hurlburt summarized the issues remaining for discussion by the Council. The
first issue relates to standards for accessory buildings in residential districts.
The Planning Commission recommends that the standards be retained in the
ordinance. The second issue relates to proposed off-street parking restrictions
in residential areas (allowing for up to 6 -ton vehicles, but adding a vehicle
length limit). The Planning Commission has thoroughly discussed this issue
and recommends that the proposed restrictions be retained in the Ordinance.
This will keep semi trucks and long -bed commercial vehicles out of
residential areas on a consistent basis.
Director Hurlburt said another issue relates to the required minimum lot width
in RSF 1 districts. The draft ordinance proposed a minimum lot width of 100'
and the Planning Commission was requested by the Council to consider
retaining the 110' minimum that is in the existing Ordinance. Director
Hurlburt said there was some concern that the change could increase
residential densities. It is staff's opinion that the density increase would not
be substantial. However, in order to preserve the current status of the districts,
she recommended that the minimum lot width in the RSF 1 district be
designated at 110 feet in the proposed Ordinance. The issue could be studied
further at a later date. She said this is not a major issue for the staff or the
Planning Commission. The final item relates to the size of accessory
buildings in residential districts. She said that the key differences between the
existing and proposed ordinance are that there would be no 1,000 square foot
upper limit on the size of building allowed, and the size limit and number
limit may be exceeded by conditional use permit under the new ordinance.
She believes that this will provide more flexibility to residents than currently
exists through a variance process. Most residents would be able to build
larger accessory buildings under the new ordinance. Director Hurlburt said
the discussion held on December 11 pointed out the need for one technical
correction to this section. Subdivision 4 should read, "No accessory building
or structure, including a detached garage for a single family dwelling, shall
equal more than thirty (30) percent of the area of the required rear yard, except
by conditional use permit."
Regular Council Meeting
December 18, 1996
Page 14
Director Hurlburt said that Councilmember Lymangood has suggested that an
amendment should be considered to the landscaping standards to allow
flexibility for large residential lots to be seeded, rather than requiring sod. She
said that change could be made this evening, or deferred for consideration in
the next few months along with other issues that may arise.
Community Development Director Hurlburt explained the voting requirement
for each proposed action and recommended that the City Council first decide
on additional changes needed to the Zoning Ordinance.
Councilmember Preus read a portion of the proposed language stating that
accessory structures "shall be designed consistent with the character of the
principal structure on the lot." He expressed concern that there is room for
interpretation at the discretion of the Zoning Administrator, and this could
lead to inconsistencies. He suggested that language be added to Page 108,
Subd. 2A that "this section shall be applied liberally by the Zoning
Administrator in favor of the landowner." This would establish the intent that
interpretation issues should be made to the benefit of the property owner.
City Manager Johnson said that an owner has the opportunity to appeal the
decision of the Zoning Administrator.
Councilmember Preus said that the appeal process could be lengthy and costly
for a property owner. He believes that the Zoning Ordinance should clearly
show the intent that this provision be liberally applied and interpreted.
Community Development Director Hurlburt said that a decision could be
appealed directly to the City Council. Under the current ordinance, a decision
would be appealed to the Planning Commission with a recommendation to the
City Council. She said this provision on accessory structures is proposed in
order to ensure that buildings are consistent with the neighborhood in which
they are constructed.
Community Development Director Hurlburt said she has no problems with the
language being added, but asked for review by the City Attorney.
Attorney Knutson said there is no problem with adding the language.
However, he noted that under Minnesota laws, every line of the Zoning
Ordinance is to be interpreted to be the least restrictive to the landowner.
Regular Council Meeting
December 18, 1996
Page 15
Councilmember Preus said that the language proposed in the draft Ordinance
is sufficient for now, but this issue should be added for review with other
items in the future.
Councilmember Lymangood said he would support the same process for
considering an amendment to the landscaping provisions to allow seeding
rather than required sodding of residential properties. It is less expensive to
seed a property, and this will reduce the cost of housing. He asked that this
also be added to the list of future items for technical review.
Councilmember Black supported adding the landscaping provision to a future
list of items for discussion. She intends to bring this issue to the
Environmental Commission for recommendation to the City Council.
Councilmember Anderson supported considering an amendment to allow
seeding, as long as weed and erosion problems are carefully monitored. He
thanked the staff and consultants for their work on the process of drafting the
proposed ordinance.
Motion was made by Councilmember Lymangood, seconded by
Councilmember Preus, to approve the following changes to the draft Zoning
Ordinance: make technical corrections to the comprehensive plan and zoning
maps for the Louismet property, make a technical correction to the zoning text
relating to accessory structures (page 115) as recommended by staff, and
establish the minimum lot width of 110 feet in the RSF 1 districts.
Councilmember Black expressed concern about requiring a 100 foot minimum
lot width, rather than 110 feet as recommended by the Planning Commission.
She said this issue relates to affordable housing, and noted that a lot cost of
48,000 and higher excludes many people from living in Plymouth. She
asked that this item be placed on the list for future consideration.
Councilmember Granath agreed with Councilmember Black's comments. He
will not support this provision.
Councilmember Wold said that he feels it is appropriate to leave the minimum
lot width at 110 feet as in the current Ordinance. However, he believes future
discussion on the issue, following public notification on the proposal, is
important.
Motion carried, six ayes; Granath nay.
Regular Council Meeting
December 18, 1996
Page 16
Motion was made by Councilmember Lymangood, seconded by
Councilmember Black, to adopt RESOLUTION 96-718 ADOPTING
AMENDMENTS TO THE LAND USE GUIDE PLAN ELEMENT AND
TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN
96141);
ORDINANCE 96-33 COMPREHENSIVELY REVISING AND
AMENDING THE PLYMOUTH ZONING ORDINANCE; and
RESOLUTION 96-719 REPEALING VARIOUS OBSOLETE POLICY
RESOLUTIONS.
Councilmember Preus thanked staff for the effort and time put into this
project. He said that staff has commented that there will likely be technical
corrections needed to the Zoning Ordinance in the next six months. This is a
complicated and significant document, and he would not limit changes to
simply technical corrections. He invited substantive changes to be forwarded
to the Council if needed.
Alan Napier, 16520 39"' Avenue, represented West Branch Estates. He said
that the proposed guiding of the property abutting the West Branch Estates
development is commercial. The existing guiding of this parcel is split
between residential and commercial. He said that property owners in the West
Branch Estates relied on the information that LA -I land would directly abut
their development when purchasing their homes. He requested that the
guiding either remain split between residential and commercial or that the
entire parcel be guided LA -2, consistent with the property across the street.
He suggested that this parcel be exempted from a guiding or zoning
designation in order to allow further study by the Planning Commission.
Community Development Director Hurlburt explained that at the time of the
last Comprehensive Plan amendment to this parcel, there was limited
commercial development along Highway 55. As the area has developed, there
have been changes along Highway 55, and the site directly to the north was
recently guided residential. She said that in the past, the land use guide plan
maps have had vague lines that do not necessarily coincide with property
lines. In developing the proposed guide plan amendments, there was an effort
to make clear district boundaries that coincide with property lines. Since the
majority of the parcel in question is currently guided for commercial use, the
proposed map would guide the entire parcel as commercial. She added that
the Planning Commission is currently considering an application from Town
and Country Homes to reguide this entire parcel to LA -3 for a townhouse
development. She recommended that the Council adopt commercial guiding
Regular Council Meeting
December 18, 1996
Page 17
for the entire parcel and allow the Planning Commission to complete the
process to determine whether changes to this guiding should be made.
Councilmember Anderson said the adjacent residential property owners
purchased their lots with the assumption that a portion of this site would be
residential use.
Community Development Director Hurlburt said that the majority of the site
is existing commercial guiding.
Councilmember Preus asked if this parcel can be excluded from designation
on the guide plan and zoning maps.
Director Hurlburt responded that every property needs to be placed in some
classification.
Mayor Tierney asked if the Council could consider residential guiding for the
entire parcel, rather than the existing split guiding.
Director Hurlburt said the Council has the option of keeping the property split
into residential and commercial classifications or of classifying the entire
parcel as commercial. She would not recommend changing the entire split
parcel to residential because the City has not gone through the appropriate
process. She said that a supermajority vote would be required for the zoning
action.
Councilmember Lymangood asked staff to show the line through the parcel
that splits the existing commercial and residential guiding.
Community Development Director Hurlburt showed the existing guide plan
for the site which showed that the parcel is proposed for 3/4 commercial and 1/4
residential use.
Jerry Theis, 16800 Highway 55, said he is the owner of the split parcel. He
was informed during the process that the City was moving toward parcel -
based designations on land use. He said that if the Council changes from the
proposed parcel -based designations, it is difficult to assess the impact it may
have on his property, and there are no other situations in the City where a split
parcel designation is proposed. During the process, he did not oppose the
proposed commercial guiding for the entire parcel, but he recognizes that it
may be difficult for adjacent residential properties to abut a commercial use.
He believes that LA -3 guiding of the entire parcel would be a good transition.
Regular Council Meeting
December 18, 1996
Page 18
City Manager Johnson advised that the City Council has the option of
retaining the split designation of the parcel or amending the parcel to a
commercial designation. Designation of the entire parcel to a residential use
would be a violation of the process.
Councilmember Anderson favored retaining the split designation until the
parcel is considered through the normal public process at the Planning
Commission.
Motion to amend the main motion was made by Councilmember Anderson,
seconded by Councilmember Black, to retain a split designation on the land
use map for this parcel -- The northeast '/4 corner of the property (as measured
by a line from the midpoint of the northerly boundary of the site directly to the
southeast corner of the site) would remain LA -1 and the remainder of the
parcel would be a guided "C".
Councilmember Lymangood said this is a difficult issue because the City has
presented the guide plan as being parcel -based, and the majority of the parcel
is currently guided for commercial use. Also, the parcel is currently under
consideration for a guide change.
John Byers, 3895 Comstock Lane, said he is a resident of West Branch
Estates. He moved to Plymouth five months ago and was assured that the
adjacent property at Dunkirk Lane and Wh Avenue was guided LA -1. He
opposes the proposed change to a commercial designation, and said that 150
homeowners in his subdivision feel the same.
Mayor Tierney asked if there is a problem in retaining a split designation for
this parcel, since a parcel -based designation was proposed.
Community Development Director Hurlburt said the parcel -based designation
was proposed in discussions at the public meetings and in the draft maps
prepared for public review. She believes that when the Planning Commission
makes its recommendation on the reguiding request, the entire parcel will be
proposed for one guiding classification.
Motion to amend carried, seven ayes.
Councilmember Lymangood thanked the Planning Commission and City
Attorney for their work on the draft ordinance.
Motion as amended carried, seven ayes.
Regular Council Meeting
December 18, 1996
Page 19
Motion was made by Councilmember Granath, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-720 APPROVING SUMMARY
PUBLICATION OF ORDINANCE NO. 96-33, PLYMOUTH ZONING
ORDINANCE. Motion carried, seven ayes.
Item 8-C 1997 Tax Levies and Budgets
Motion was made by Councilmember Lymangood, seconded by
Councilmember Preus, to adopt RESOLUTION 96-721 ADOPTING 1997
BUDGETS and RESOLUTION 96-722 PROPERTY TAX LEVIES
FOR TAXES PAYABLE IN 1997. Motion carried, seven ayes.
Item 9-A Report on Ameridata
City Manager Johnson reported that two meetings have recently been held
with representatives of Ameridata, the building owner, and abutting residents.
There has been some progress and the options have been narrowed, but a final
agreement has not been reached. He said that discussions have predominantly
related to a noise wall behind the curb on the Ameridata property. The City
and the building owner believe this would be the most permanent solution.
Councilmember Black added that landscaping has also been discussed. She
suggested that the City should consider landscaping to improve the aesthetics
of the wall. She asked if staff has contacted Mr. Steilen.
Planning Supervisor Senness said she has spoken with Mr. Steilen. General
Electric has indicated its willingness to pay a maximum of $10,000, with
many attached conditions. They feel that the building owner has the longest
term benefit and should pay the greater amount of money.
Item 9-B Presentation to Councilmember Anderson
Mayor Tierney presented a pictorial plaque to Councilmember Anderson for
his service to the City from 1994 through 1996.
Councilmember Anderson commended staff as being the greatest asset of the
City and said that the significant contributions by Councilmember
Lymangood have not been fully recognized. He believes that during the last
three years, the Plymouth government process has been fixed, with taxpayers
now the focal point of City actions and decisions.
Councilmember Lymangood said that in light of the constraints of the Open
Meeting Law, the City Council does not often have an opportunity to
informally discuss its history and past accomplishments. He suggested that
the meeting be adjourned to another location and invited Council, staff, and
Regular Council Meeting
December 18, 1996
Page 20
others to join him in discussing the past few years. He said that no motions or
official actions of any kind would be discussed at the meeting.
Attorney Knutson advised that the Council could adjourn the meeting to a
time and place certain in the City.
Motion was made by Councilmember Lymangood, seconded by
Councilmember Granath, to recess the meeting at 9:30 p.m., and to reconvene
the meeting at 9:40 p.m. at the Green Mill Restaurant.
Councilmember Granath thanked the residents who voted him in office, and
commended the Council and staff members with whom he worked while in
office.
Councilmember Preus thanked the three outgoing councilmembers. He said
they have each made outstanding contributions to the City, and it has been his
privilege to work with them.
Councilmember Black thanked the three outgoing councilmembers for their
service to the City. She said their significant efforts and accomplishments are
appreciated.
Motion to recess the meeting and to reconvene at the Green Mill at 9:40 p.m.
carried, seven ayes.
City Clerk