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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