HomeMy WebLinkAboutCity Council Minutes 03-07-1995MINUTES
REGULAR COUNCIL MEETING
MARCH 7, 1995
A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at
8:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on March 7,
1995.
PRESENT: Mayor Tierney; Councilmembers Granath, Edson, Wold, and Lymangood.
ABSENT: Councilmembers Anderson and Helliwell.
STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works
Director Moore, Community Development Director Hurlburt, Public Safety Director
Gerdes, Finance Director Hahn, Forester Buck, City Attorney Knutson, and City Clerk
Ahrens.
ITEM 3 FORUM
Sandra Vrooman, 16705 12th Avenue North, thanked the Council for the soccer
opportunities available in the City, and thanked the residents who perform
volunteer service.
ITEM 4 FINANCIAL ADVISORY COMMITTEE REPORT AND
RECOGNITION
Almon "Bo" Bock, presented the final report of the Financial Advisory Committee,
and noted the accomplishments of the Committee during the last year. He
suggested that future issues to be addressed are: financial planning when
development stops, the aging population effects, and changes in taxation structure
and revenue bases. He said the Committee is interested in reconvening in the
future on an ad-hoc basis to review City financial issues.
Councilmember Granath stated that he enjoyed serving as Council Coordinating
Representative to this Committee and he complimented the quality of debate held
at Committee meetings.
Mayor Tierney presented plaques of appreciation to Almon Bock II, Peter
Bartling, David Stene, Jim Guddal, Dick Treptow, John Sullivan, and Mike Ricci
Jr., for their service on the Financial Advisory Committee.
Regular Council Meeting
March 7, 1995
Page 2
ITEM 5 APPROVE AGENDA
MOTION was made by Councilmember Edson, seconded by Councilmember
Lymangood, to approve the agenda.
Motion carried, five ayes.
ITEM 6 CONSENT AGENDA
Item 6-F was removed from the Consent Agenda.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to approve the Consent Agenda.
Motion carried, five ayes.
ITEM 6-A APPROVE MINUTES
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to approve the minutes of the January 17 regular meeting, the February 7
regular meeting, the February 13 joint meeting, and the February 21 regular
meeting.
Motion carried, five ayes.
ITEM 6-B APPROVE DISBURSEMENTS
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-142 APPROVING DISBURSEMENTS
FOR THE PERIOD ENDING FEBRUARY 23, 1995.
Motion carried, five ayes.
ITEM 6-C SET SPECIAL MEETING FOR MARCH 21
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-143 ESTABLISHING MARCH 21, 1995,
AS SPECIAL MEETING DATE.
Motion carried, five ayes.
Regular Council Meeting
March 7, 1995
Page 3
ITEM 6-1) SET SPECIAL MEETING FOR APRIL 10
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-144 ESTABLISHING APRIL 10, 1995,
AS A SPECIAL MEETING TO RECOGNIZE BOARD, COMMITTEE,
AND COMMISSION MEMBERS.
Motion carried, five ayes.
ITEM 6-E SET PUBLIC HEARING FOR FALSE ALARM PERMIT FEES
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-145 CALLING FOR PUBLIC HEARING
ON PROPOSED ASSESSMENT, DELINQUENT ALARM PERMIT FEES.
Motion carried, five ayes.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-146 DECLARING COST TO BE
ASSESSED AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT FOR DELINQUENT ALARM FEES.
Motion carried, five ayes.
ITEM 6-G ADOPTING ASSESSMENTS, ROCKFORD ESTATES SECOND
ADDITION, PROJECT 516
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-147 ADOPTING ASSESSMENTS,
SANITARY SEWER AND WATERMAIN AREA, ROCKFORD ESTATES
SECOND ADDITION, CITY PROJECT NO. 516.
Motion carried, five ayes.
ITEM 6-H SET ASSESSMENT HEARING ON PROJECT 401
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-148 FOR HEARING ON PROPOSED
ASSESSMENT, 1994 STREET RECONSTRUCTION PROGRAM, CITY
PROJECT NO. 401.
Motion carried, five ayes.
Regular Council Meeting
March 7, 1995
Page 4
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-149 DECLARING COST TO BE
ASSESSED AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT, 1994 STREET RECONSTRUCTION PROGRAM, CITY
PROJECT NO. 401.
Motion carried, five ayes.
ITEM 6-I SET HEARING ON PROJECT NO. 503
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-150 RECEIVING PRELIMINARY
ENGINEERING REPORT AND CALLING FOR HEARING ON
IMPROVEMENTS, NORTHWEST TRUNK SANITARY SEWER,
DISTRICT NW -19, CITY PROJECT NO. 503.
Motion carried, five ayes.
ITEM 64 PRELIMINARY LAYOUT FOR COUNTY ROAD 61, PROJECT 513
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-151 APPROVING PRELIMINARY
LAYOUT, XENIUM LANE - STATE HIGHWAY 55 TO 24TH AVENUE
NORTH, CITY PROJECT NO. 513.
Motion carried, five ayes.
ITEM 6-K AUTHORIZE CONDEMNATION FOR STREET EASEMENTS
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-152 AUTHORIZING CONDEMNATION
PROCEEDINGS, VICKSBURG LANE - COUNTY ROAD 47 TO NORTH
CITY LIMITS, CITY PROJECT NO. 431.
Motion carried, five ayes.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-153 AUTHORIZING CONDEMNATION
PROCEEDINGS FOR A PORTION OF THE VACATED LARCH LANE
SOUTH OF THE CUL-DE-SAC IN RAPPAPORT ADDITION.
Motion carried, five ayes.
Regular Council Meeting
March 7, 1995
Page 5
ITEM 6-L APPROVING MANAGEMENT PLAN, BUDGET, AND
AGREEMENT FOR TRANSIT SUBSIDY FOR METROLINK AND DIAL -A -
RIDE
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-154 APPROVING THE APPLICATION
TO THE METROPOLITAN COUNCIL FOR THE PROVISION OF
PLYMOUTH METROLINK AND PLYMOUTH DIAL -A -RIDE SERVICES
FOR THE FIRST SIX MONTHS OF 1995 AND AUTHORIZING THE
EXECUTION OF CONTRACTS REQUIRED FOR THE
IMPLEMENTATION OF THE APPLICATION.
Motion carried, five ayes.
ITEM 6-M DEVELOPMENT CONTRACT BOND REDUCTIONS
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-155 REDUCING DEVELOPMENT
BOND, EAGLEWOOD ADDITION (92110).
Motion carried, five ayes.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-156 REDUCING DEVELOPMENT
BOND, QUAIL HOLLOW ADDITION (93134).
Motion carried, five ayes.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-157 REDUCING DEVELOPMENT
BOND, BRIDLEWOOD FARM 2ND ADDITION (92037).
Motion carried, five ayes.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-158 REDUCING DEVELOPMENT
BOND, GREENWOOD PONDS ADDITION (91057).
Motion carried, five ayes.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-159 REDUCING DEVELOPMENT
BOND, DEER POND ADDITION (89106).
Regular Council Meeting
March 7, 1995
Page 6
Motion carried, five ayes.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-160 REDUCING DEVELOPMENT
BOND, CAMELOT OVERLOOK ADDITION (93035).
Motion carried, five ayes.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-161 REDUCING DEVELOPMENT
BOND, BRIDLEWOOD FARM 3RD ADDITION (93021).
Motion carried, five ayes.
ITEM 6-N LUNDGREN BROS. CONSTRUCTION. HEATHER RUN 4TH
ADDITION (95001)
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-162 APPROVING RPUD FINAL PLAT
AND DEVELOPMENT CONTRACT FOR LUNDGREN BROS.
CONSTRUCTION COMPANY FOR PROPERTY LOCATED SOUTH OF
MEDINA ROAD AND EAST OF COUNTY ROAD 101 (95001) (RPUD 92-
3).
Motion carried, five ayes.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-163 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF THE RELATED RPUD FINAL PLAN/FINAL
PLAT FOR LUNDGREN BROS. CONSTRUCTION COMPANY FOR
PROPERTY LOCATED SOUTHEAST OF MEDINA ROAD AND
COUNTY ROAD 101 (95001) (RPUD 92-3).
Motion carried, five ayes.
ITEM 6-0 S.T. & M.. INC. HUNTER'S BLUFF (94145)
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-164 APPROVING FINAL PLAT AND
DEVELOPMENT CONTRACT FOR S.T. & M., INC. FOR PROPERTY
LOCATED SOUTHEAST OF COUNTY ROAD 6 AND FERNDALE LANE
94145).
Motion carried, five ayes.
Regular Council Meeting
March 7, 1995
Page 7
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-165 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF THE RELATED FINAL PLAT FOR S.T. &
M., INC., FOR PROPERTY LOCATED SOUTHEAST OF COUNTY
ROAD 6 AND FERNDALE LANE (94145).
Motion carried, five ayes.
ITEM 6-P GOFF HOMES, INC. ROCKFORD ESTATES SECOND ADDITION
94003
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-166 APPROVING RPUD FINAL PLAT
FOR GOFF HOMES INC., FOR PROPERTY LOCATED WEST OF
XENIUM LANE AT 37TH AVENUE NORTH (95003) (RPUD 93-1).
Motion carried, five ayes.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-167 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF THE RELATED RPUD FINAL PLAN/PLAT
FOR GOFF HOMES, INC., FOR PROPERTY LOCATED WEST OF
XENIUM LANE AT 37TH AVENUE NORTH (95003) (RPUD 93-1).
Motion carried, five ayes.
ITEM 64) MARVIN ANDERSON CONSTRUCTION. FERNBROOK WOODS
2ND ADDITION (94018)
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-168 APPROVING FINAL PLAT AND
DEVELOPMENT CONTRACT FOR MARVIN H. ANDERSON
CONSTRUCTION COMPANY FOR PROPERTY LOCATED WEST OF
FERNBROOK LANE AT SCHMIDT LAKE ROAD (94018).
Motion carried, five ayes.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-169 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF THE RELATED FINAL PLAT FOR
MARVIN H. ANDERSON CONSTRUCTION COMPANY FOR
PROPERTY LOCATED WEST OF FERNBROOK LANE AT SCHMIDT
LAKE ROAD (94018).
Regular Council Meeting
March 7, 1995
Page 8
Motion carried, five ayes.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-170 ADOPTING ASSESSMENTS, CITY
PROJECT NO. 514, SANITARY SEWER AREA, FERNBROOK WOODS
2ND ADDITION.
Motion carried, five ayes.
ITEM 6-R POLICY CONCERNING USE OF FENCING FOR WATER
QUALITY PONDS (95011)
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-171 ESTABLISHING POLICY
CONCERNING THE USE OF FENCING FOR WATER QUALITY PONDS
95011).
Motion carried, five ayes.
ITEM 6-S AMENDMENT TO 1995 CDBG BUDGET FOR LAKEVIEW
COMMONS STORM WATER RUNOFF POND
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-172 AUTHORIZING THE
AMENDMENT OF THE FISCAL YEAR 1995 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) BUDGET, FUND 232 AND
AUTHORIZING STAFF TO ENTER INTO A CDBG SUB -GRANTEE
AGREEMENT WITH HEARTLAND -PLYMOUTH LAKEVIEW
COMMONS, LLC.
Motion carried, five ayes.
ITEM 6-T AMENDMENT TO CDBG SUB -GRANTEE CONTRACT WITH
COMMUNITY BUILDERS
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to authorize City staff to amend the existing CDBG sub -grantee agreement
between the City and Community Builders, increasing the amount of the agreement
by $18,000 for the purchase and renovation of a third Plymouth home under their
First Time Homebuyer Contract/Purchase Program.
Motion carried, five ayes.
Regular Council Meeting
March 7, 1995
Page 9
ITEM 6-U INCREASE FIREFIGHTER COMPENSATION
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-173 ESTABLISHING 1995 PAY
SCHEDULE FOR MEMBERS OF THE PLYMOUTH FIRE
DEPARTMENT.
Motion carried, five ayes.
ITEM 6-V AWARD OF TREE AND STUMP REMOVAL CONTRACT
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-174 APPROVING 1995 PUBLIC TREE
AND STUMP REMOVAL CONTRACT.
Motion carried, five ayes.
ITEM 6-W 1995 HEALTH, DENTAL BENEFITS FOR NON -REPRESENTED
EMPLOYEES
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-175 APPROVING THE 1995 MONTHLY
HEALTH, DENTAL INSURANCE BENEFITS FOR NON -REPRESENTED
CITY EMPLOYEES.
Motion carried, five ayes.
ITEM 6-X AMENDMENT TO 1995 SALARY PLAN FOR THE PAYMENT OF
SALARY IN LIEU OF SPLIT DOLLAR LIFE INSURANCE BENEFITS
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-176 APPROVING AN AMENDMENT
TO THE 1995 SALARY RESOLUTION ALLOWING ADDITIONAL
COMPENSATION IN LIEU OF TERM INSURANCE FOR CERTAIN
ELIGIBLE EMPLOYEES.
Motion carried, five ayes.
ITEM 6-F_ PLYMOUTH CREEK CHANNEL CLEANING, PROJECT 509
Public Works Director Moore presented the staff report and recommended award
of the contract for the Plymouth Creek Channel Cleaning Project to Neumann's
Enterprise in the amount of $26,695. He described the proposed project and
location. He said that cleaning needs to be done in order to restore the creek to its
Regular Council Meeting
March 7, 1995
Page 10
original condition and carrying capacity. Slides were shown of the project area,
and he noted that all of the live trees on the school side of the channel will remain,
per request of Plymouth Creek School.
Manager Johnson said that Councilmember Anderson worked on this issue the last
week. Several meetings have been held with City staff and Plymouth Creek
students and staff on how to make the project environmentally sound. The City
has agreed that the City Forster will be on-site when the work begins to mark the
appropriate trees and that tree removal will be limited to the south and west sides
of the channel. Only dead or severely leaning trees will be removed from the north
and east sides. The areas that are disturbed will be revegetated with appropriate
ground cover. The City will participate with the school and finance an educational
program with respect to this issue, as well as an Arbor Day event. Status reports
on the project will be provided to the school. He stated that some parents felt that
tree removal should not occur while classes are in session. There are no classes
Thursday and Friday of this week, so the work is proposed to begin on those
dates. The City has also agreed that these trees will not be burned. He explained
that the goal of the project is to restore the creek to the same width and depth as it
was 15 to 20 years ago.
Councilmember Lymangood explained that project alternatives were considered,
including timing of the project. The project must be done in the winter when the
ground is frozen. One possibility would be to move the stream channel, but the
DNR indicated this would have a negative impact on the environment.
Janet Schutz, 4825 Juneau Lane, stated she is the PTA President at Plymouth
Creek Elementary School. She thanked the City for a prompt response on this
issue, and asked if the $500 City share is for actual planting materials or if it
includes staff time.
Manager Johnson said the money would be for actual planting materials.
Ms. Schutz asked if there is a limit on the matching funds for the Arbor Day event.
He said that no specific limit has been established, but it could be considered later
if necessary.
Councilmember Granath asked if Ms. Schutz is satisfied with the proposed
conditions in the resolution approving the project.
Ms. Schutz responded yes.
Cathy Bruer Thompson, 14520 45th Place North, stated she is a parent of students
at Plymouth Creek School. She has coordinated Earth Day and Arbor Day for the
Regular Council Meeting
March 7, 1995
Page 11
last few years at the school. She thanked the City for their action on this issue and
stated that this has been a good civic learning experience for the Plymouth Creek
School children and the City. She asked what role developers have in bearing the
cost for silt removal, drainage, etc.
Manager Johnson described the wetlands ordinance that was recently adopted and
noted that a Tree Preservation Subcommittee has been established. He also
explained the work of the Open Space Committee and other City efforts to
improve water quality.
Councilmember Wold asked what the added conditions to the approving resolution
would add to the overall cost of the project.
Manager Johnson stated that the creek cleaning project cost will stay within the bid
amount. The costs for Arbor Day events, education program, and tree planting
will probably total several thousand dollars, but that amount will come from other
City budget areas.
MOTION was made by Councilmember Granath, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-177 AWARDING BID,
PLYMOUTH CREEK CHANNEL CLEANING, CITY PROJECT NO. 509,
revised version with eight conditions.
Councilmembers thanked Plymouth Creek Elementary School fourth graders for
their interest and efforts on this issue, as well as the quick staff response.
Councilmember Lymangood clarified that the City will attempt to do the majority
of tree removal on non -school days; however, the silt removal may occur while
school is in session.
Motion carried, five ayes.
ITEM 8-A FEC CONSTRUCTION. FINDINGS ON APPROVAL OF LOT
DIVISION AND VARIANCE (94156)
Community Development Director Hurlburt stated that on February 21, the City
Council adopted Resolution 95-136 approving an application by FEC Construction
for a lot division and variance for property located at 16705 12th Avenue North,
and directing the City Attorney to prepare findings consistent with the evidence
presented. She provided a copy of the proposed findings and stated that the
Council could reconsider the variance application, adopt the findings of fact
approving the application as prepared by the City Attorney, or amend the findings
of fact.
Regular Council Meeting
March 7, 1995
Page 12
Councilmember Granath stated that unless a there is a sentiment to reconsider the
approval on February 21, he intends to make a motion to accept the findings of
fact.
MOTION was made by Councilmember Granath, seconded by Councilmember
Edson, to adopt the Findings of Fact regarding the application of FEC
Construction, as proposed by the City Attorney.
MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to
amend the Findings of Fact to delete the following language under Section 6 (3):
and which has in the past been used as a dumping ground."
Motion to amend carried, five ayes.
Mayor Tierney stated that it has been discovered that the existing house will be
two feet short on one of the setbacks.
Councilmember Wold asked if the Council will now need to consider another
setback variance for the existing structure.
Attorney Knutson responded that no additional action is needed by the Council.
The structure will become a nonconforming structure because it is within the
shoreland management and side yard setback area.
Councilmember Lymangood stated that neighbors have supplied additional
material since the approving action by the Council on February 21. The material
relates affects on property valuations and whether proper notification was given to
the condominium property owners of the proposed action. He asked if the City
Attorney has reviewed this additional information and determined whether there
are sufficient or significant reasons for the Council to reconsider its action.
Attorney Knutson offered his opinion that the additional points do not mandate
reconsideration by the Council. It is at the discretion of the Council whether the
information is deemed significant enough to reconsider the previous action. He
stated that minor irregularities in providing public notice do not invalidate the
proceedings.
Councilmember Lymangood stated that he voted against the approval on
February 21, and he intends to vote against the findings. He is primarily opposed
to Section 6 (3) of the proposed findings that "the purpose of the variation is not
based exclusively upon a desire to increase the value or income potential of the
parcel of land."
Regular Council Meeting
March 7, 1995
Page 13
Arthur W. Peabody, 1297 Black Oaks Court, stated that he doesn't understand
some of the findings. He said that the public notice of the request was not
adequate and that the project is a detriment to others in the community. He is
opposed to the project.
Attorney Knutson explained that the City Council has already approved the
variance. That decision is not on the agenda tonight. The item before the Council
is approval of findings. He stated that any member who voted to approve the
variance at the last meeting, could move to reconsider the issue at this meeting.
Mayor Tierney asked if the option to reconsider the action remains, even if the
Council approves the Findings of Fact.
Attorney Knutson stated yes.
Dan Aldrich, 1200 Dunkirk Lane, objected to Section 6 (3) of the proposed
Findings, relating to the income potential of the parcel. He also disagreed with the
following statement in the Findings: "The purpose of the variance is to make
reasonable use of property that would otherwise be of little utility." He believes
that building one new home on the existing parcel is an alternative to the lot
division and would be a reasonable use of the property. Mr. Aldrich also disagreed
with Section 6 (4) of the proposed Findings "that the alleged difficulty or hardship
is caused by this Ordinance and has not been created by any persons presently
having an interest in the parcel of land." He believes that the difficulty or hardship
was caused by the property owner purchasing the property. He also provided a
copy of an "application of Michael G. Vrooman to register the title to the land".
MOTION to amend was made by Mayor Tierney, seconded by Councilmember
Granath, to substitute the word "less" for the word "little" in the following
sentence in Section 6 (3): "The purpose of the variance is to make reasonable use
of property that would otherwise be of "little" utility.
Motion to amend carried: four ayes; Lymangood nay.
Brian Knox, 16725 12th Avenue North, stated that he provided a professional
appraisal on the effects on his property from the action take and he objected to
Section 6 (6) of the proposed Findings.
Main motion as twice amended carried, four ayes; Lymangood nay.
Dan Aldrich requested that the Council reconsider the approval action because 21
of the adjacent condominium homeowners have not had an opportunity to present
their concerns to the Council and additional appraisal information has been
provided by Brian Knox.
Regular Council Meeting
March 7, 1995
Page 14
Mayor Tierney asked staff to comment on the notice provided.
Community Development Director Hurlburt stated there was every intent to notify
the abutting property owners. None of the condominium structures are within 100
ft. of the subject parcel, which is the normal administrative notification practice.
She explained that there is a portion of property that is under water that is
commonly owned by the condominium owners that is within 100 ft. of the parcel,
and it was an oversight that the condominium owners were not notified. She
stated that notice was provided in the City's official newspaper.
Councilmember Lymangood asked if this item could be reconsidered at a future
Council meeting, if additional information were identified.
Attorney Knutson stated that this is the last meeting where this item can be
reconsidered.
Dan Aldrich, 1200 Dunkirk Lane, requested that Mayor Tierney or
Councilmember Wold make a motion for reconsideration.
Sandra Vrooman, 16705 12th Avenue North, stated that the condominiums only
abut her property on the water. One must travel several blocks on the street to get
from her property to the condominium properties. She said that the land
commonly owned by the condominium owners has been backfilled.
Ralph Burgess, 2765 Niagara Lane, represented FEC Construction, and was
present to answer questions.
Mayor Tierney asked Mr. Burgess to address fencing on the property.
Mr. Burgess said that when FEC becomes owner of the property, they would be
willing to include in the deed covenants that fencing would not be allowed within
the 75' setback of the ordinary high water mark. He said that FEC also intends to
offer the lakeshore property for sale to adjacent landowners at the fair market
value. He does not know how that value will be derived.
Gordon Olson, 16815 12th Avenue North, stated that the issue should be
reconsidered due to inadequate notice to the condominium owners. He believes
that the inadequate sideyard setback of the existing structure should also be
addressed. He stated that having more than one home on this parcel is excessive,
and he believes that financial gain is the only reason for the proposed lot division.
Greg Miller, 16805 12th Avenue North, questioned if the trees can be retained on
the property as indicated on the plans because of the large equipment needed for
Regular Council Meeting
March 7, 1995
Page 15
construction. He said the park -like setting on the parcel will be diminished. The
outlots are submerged under water and should not be considered in the variance
action. He believes the lot is not suitable for division and that two homes would
not be ergonomically or aesthetically pleasing for the homeowners or the
neighbors. He was surprised that the Council "casually overturned" the
recommendation of the Planning Commission and the majority of residents
speaking on this issue.
Councilmember Lymangood stated that the Council has not "casually" taken this
action. Although members of the Council disagree on this issue, they have all
studied the issue.
Ms. Vrooman stated that she has maintained the park -like setting on her property,
while Mr. Miller has removed trees from his parcel. She said that FEC
Construction has demonstrated on two other homes recently built in the area that
they will retain trees during construction and replant mature trees.
ITEM 8-B ZONING ORDINANCE TEXT AMENDMENT RELATING TO
DRIVE-THROUGH FACILITIES AND LOADING DOCKS (95007)
Community Development Director Hurlburt presented the staff report on the
proposed ordinance for drive-through businesses and loading areas. She said that
several recent development issues have highlighted the need for better standards
for development of certain types of drive-through businesses and loading areas
adjacent to residential areas. Consequently, on February 7, the Council adopted an
interim ordinance temporarily prohibiting drive-through businesses and loading
areas within 300 feet of property zoned or developed for single family detached
homes. This temporary moratorium will be in effect until May 3, 1995, or until the
Council adopts the new ordinance requirements for these facilities.
She explained that the proposed ordinance would add distance requirements and
screening requirements for new drive-through facilities and loading facilities, and is
recommended for adoption by the Planning Commission.
Peter Coyle, Larkin Hoffman Daily Lindgren Law Firm, spoke on behalf of Ryan
Companies and TCF Bank. He said that TCF Bank has previously submitted an
application for a facility in Plymouth that would include a drive-through facility.
The Council noted concerns with the application in September, 1994, relating to
traffic, visibility, and effects on the abutting residential area. Mr. Coyle stated that
TCF has taken vigorous efforts to develop a new concept plan to address these
concerns and has held meetings with staff and the neighbors. He learned only a
few weeks ago about the proposed standards. He objected to the proposal, stating
that the setback requirement of 300' is excessive. He asked that the Council
consider either an alternative to the standard to specify that the 300' would be
Regular Council Meeting
March 7, 1995
Page 16
measured from the nearest residential structure, rather that the property line, to the
commercial use. Or, he suggested that the 300' setback requirement be modified
to 250'. He stated that the City Council has authority to set whatever standard is
deemed appropriate, and said that TCF would try to bring their plan into
compliance with the new standards.
Community Development Director Hurlburt clarified that the proposed standards
currently indicate that the 300' setback distance would be measured from the
property line - not from the structure. She noted that the City of Maple Grove has
this same distance requirement.
Councilmember Lymangood stated that Mr. Coyle had indicated that he was
unaware that this issue was under consideration. He stated that development of
this ordinance has been underway for several weeks, and a public hearing was held
by the Planning Commission on February 22 following public notice in the official
newspaper. He stated that the public hearing is the appropriate time for
consideration of amendments to the ordinance. He noted that staff research
indicates that other communities are using screens and setback distances as
measured to the adjacent property lines - not to the structures.
Councilmember Edson concurred, and noted that there have been several problems
with existing loading docks/drive-through facilities that abut residential areas.
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt ORDINANCE 95-14 AMENDING THE ZONING
ORDINANCE REQUIREMENTS FOR DRIVE-THROUGH BUSINESSES
AND LOADING AREAS.
Motion carried, five ayes.
ITEM 9-A 1994 UNAUDITED FINANCIAL REPORT
Finance Director Hahn presented the staff report on the 1994 Unaudited Financial
Statements.
Councilmember Lymangood suggested that the Council could conduct a study
session relating to tax abatements and cancellations similar to last year.
Manager Johnson suggested that this information could be provided along with the
first quarter financial report.
MOTION was made by Mayor Tierney, seconded by Councilmember Lymangood,
to accept the 1994 Unaudited Financial Statements.
Regular Council Meeting
March 7, 1995
Page 17
Motion carried, five ayes.
MOTION was made by Councilmember Wold, seconded by Councilmember Lymangood,
to adjourn the meeting at 9:55 p.m.
Motion carried, five ayes.
O
Laurie F. Ahrens
City Clerk