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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