HomeMy WebLinkAboutCity Council Minutes 01-05-1999Adopted Minutes
Regular Council Meeting
January 5, 1999
City Clerk Ahrens administered the oaths of office to Ward 2 Councilmember Kelli
Slavik, Councilmember at -large Scott Harstad, and Mayor Joy Tierney. City Manager
Johnson stated that Ward 4 Councilmember Ginny Black took the oath of office on
January 4.
A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at
7:00 p.m. in the City Center, 3400 Plymouth Blvd., on January 5, 1999.
COUNCIL PRESENT: Mayor Tierney; Councilmembers Johnson, Bildsoe, Slavik,
Harstad.
ABSENT: Councilmembers Spigner and Black.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public
Works Director Moore, Community Development Director Hurlburt, Public Safety
Director Gerdes, Finance Director Hahn, Park and Recreation Director Blank, City
Attorney Knutson, and City Clerk Ahrens.
3.1 Forum -- William Clelland
William Clelland, 2835 Revere Circle North, asked the Council to reconsider its action on
December 16 to reguide property for Association Free Lutheran Bible School because the
process was fundamentally flawed. He said that Councilmember Johnson previously
brought to the Council's attention a potential violation of the open meeting law on this
issue. He said the open meeting law comments were never publicly discussed or resolved
because it was considered in a study session. He believes the process on the Association
Free Lutheran Bible School application lacks legitimacy, and the City Council should
redo the process.
Mayor Tierney said a council meeting was held on the open meeting law subsequent to
the December 2 Council meeting. Following discussion of the open meeting law,
councilmembers felt that no violation had occurred, and there had been no impact on the
consideration of the Association Free Lutheran Bible School application.
Mr. Clelland asked if anyone not associated with the City, such as an independent
counsel, had determined that no violation had occurred.
Attorney Knutson said there is no indication there has been a violation.
Councilmember Johnson said that she never believed four or five councilmembers
violated the open meeting law.
Adopted City Council Minutes
January 5, 1999
Page 2
3.2 Forum -- Hennepin Parks Development Proposal
Scott Linge expressed opposition to the Hennepin Parks development plan for Eagle Lake
Park. He said the project would add a golf course and other amenities at the south end of
Pike Lake.
Charles Meyer, 3925 Yorktown Lane, also expressed opposition to the golf course
development proposal. He is concerned about the runoff of chemicals into Pike Lake and
would like the area to remain as open space.
Janice Jorgens, 7225 Hemlock Lane, agreed with the previous speakers. She said many
chemicals are used on golf courses and this poses a health risk.
4.1 Sara Cwayna
Councilmember Bildsoe announced that a public safety staff member was seriously
injured in an accident over the weekend. Public Safety Director Gerdes said that Sara
Cwayna, the Public Safety Education Specialist, remains in critical condition.
4.2 Art in City Hall
Mayor Tierney announced that each month an artist will display their art in City Hall.
5 Approve Agenda
City Manager Johnson said that staff has received correspondence requesting that Item
6.4 be tabled to January 19.
Karl Pokorny, the applicant on Item 6.4, said he was informed this afternoon that a
neighbor had submitted a letter opposing his request. His attorney sent in a letter asking
that the item be tabled; however, Mr. Pokorny would like the item to remain on the
consent agenda unless the Council needs additional information.
Councilmember Slavik requested that the item be removed from the consent agenda. She
was contacted by a resident in opposition to the request. She believes the Council should
gather more information before making a decision.
Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to
approve the agenda. Motion carried, five ayes.
6 Consent Agenda
Items 6.4 and 6.11 were removed from the Consent Agenda.
Councilmember Bildsoe noted a correction on Page 18 of the December 16 minutes.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt the Consent Agenda. Motion carried, five ayes.
Adopted City Council Minutes
January 5, 1999
Page 3
Councilmember Johnson said that a dump truck was authorized for purchase on the
consent agenda. She is opposed to the requirement that cities have to pay sales tax and
suggested citizens contact their legislators on this issue.
6.1 Approve City Council Minutes
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
approve the minutes of the regular council meeting of October 21, 1998, the regular
council meeting of December 2, 1998, the special council meeting of December 9, 1998,
and the regular council meeting of December 16, 1998. Motion carried, five ayes.
6.2 Approve Disbursements
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-1 APPROVING DISBURSEMENTS FOR THE PERIOD
ENDING DECEMBER 25,1998. Motion carried, five ayes.
6.3.1 Appointment of Council Secretary
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
appoint Laurie Ahrens as Council Secretary for 1999. Motion carried, five ayes.
6.3.2 Appointment of Official Depositories
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-2 APPOINTING OFFICIAL DEPOSITORIES FOR
CITY FUNDS FOR 1999. Motion carried, five ayes.
6.3.3 Ratification of Surety and Blanket Bonds for City Employees
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-3 RATIFYING SURETY AND BLANKET BONDS FOR
CITY EMPLOYEES FOR 1999. Motion carried, five ayes.
6.3.4 Appointment of Health Officer
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
appoint Dr. Doug Lowin as City Health Officer for 1999. Motion carried, five ayes.
6.5 Opus Northwest, LLC. Site Plan and Conditional Use Permit (98190)
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-4 APPROVING SITE PLAN AND CONDITIONAL USE
PERMIT FOR OPUS NORTHWEST, LLC FOR PROPERTY LOCATED SOUTH
OF 27TH AVENUE BETWEEN FERNBROOK LANE AND NIAGARA LANE
98190). Motion carried, five ayes.
Adopted City Council Minutes
January 5, 1999
Page 4
6.6 Human Rights Commission Annual Report and 1999 Work Plan
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
accept the 1998 Annual Report and approve the 1999 Work Plan of the Plymouth Human
Rights Commission. Motion carried, five ayes.
6.7 Application for Lawful Gambling Exemption
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-5 FINDING NO OBJECTION TO LAWFUL
GAMBLING EXEMPTION FOR PILGRIM LANE PTO. Motion carried, five ayes.
6.8 Contract to Provide Workers to Clean Plymouth Ice Center
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-6 AUTHORIZING CONTRACT FOR CLEANING
SERVICES AT PLYMOUTH ICE ARENA. Motion carried, five ayes.
6.9 Establish January 12, 1999 as Special Council Meeting
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
establish January 12, 1999 at 7:00 p.m. as a special City Council meeting to consider the
planning and development of the property north of Medina Road, south of Highway 55
and west of Plymouth Ponds; to discuss the process for council goals and priorities; and
to discuss proposed revisions in reports and procedures for planning applications. Motion
carried, five ayes.
6.10 Purchase of Single Axle Dump Truck Chassis
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-7 APPROVAL OF PURCHASE ONE NEW CURRENT
MODEL SINGLE AXLE DUMP TRUCK CHASSIS. Motion carried, five ayes.
6.12 Payment for Drainage Improvements to the City of New Hope
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-8 APPROVING PAYMENT, INTER—CITY STORM
WATER IMPROVEMENTS, CITY OF NEW HOPE/CITY OF PLYMOUTH.
Motion carried, five ayes.
6.13 Contract Amendment, Water Resources Management Plan, Project 5025
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-9 APPROVING BUDGET AMENDMENT, PLYMOUTH
WATER RESOURCES MANAGEMENT PLAN, CITY PROJECT NO. 5025.
Motion carried, five ayes.
Adopted City Council Minutes
January 5, 1999
Page 5
6.14 Parking Restrictions for 1998 Street Reconstruction, Project No. 8001
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-10 APPROVING THE PLACEMENT OF "NO
PARKING" SIGNS ON CERTAIN STREETS WITHIN THE 1998 STREET
RECONSTRUCTION PROJECT, CITY PROJECT NO. 8001. Motion carried, five
ayes.
6.15 Payment for 1998 Street Reconstruction Project Phase I, Project 8001
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-11 REQUEST FOR PAYMENT NO. 4,1998 STREET
RECONSTRUCTION PROJECT PHASE I, CITY PROJECT NO. 8001. Motion
carried, five ayes.
6.16 Change Order and Payment, Vicksburg Street Reconstruction, Project 7010
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-12 APPROVING CHANGE ORDER NO. 4,
VICKSBURG LANE STREET RECONSTRUCTION PROJECT, CITY PROJECT
NO. 7010. Motion carried, five ayes.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-13 REQUEST FOR PAYMENT NO.4 AND FINAL,
VICKSBURG LANE STREET RECONSTRUCTION PROJECT, CITY PROJECT
NO. 7010. Motion carried, five ayes.
6.17 Payment on Schmidt Lake Road Improvements, Project 9007
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-14 REQUEST FOR PAYMENT NO. 6, SCHMIDT LAKE
ROAD, CITY PROJECT NO. 9007. Motion carried, five ayes.
6.18 Schmidt Lake Road Improvements, Project 9007, Change Order No.1
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-15 APPROVING CHANGE ORDER NO. 1, SCHMIDT
LAKE ROAD, CITY PROJECT NO. 9007. Motion carried, five ayes.
6.19 Ferndale Road Reconstruction, Project 6007
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-16 CALLING FOR HEARING ON IMPROVEMENTS,
FERNDALE ROAD -- US HWY.12 TO COUNTY ROAD 6, CITY PROJECT NO.
6007. Motion carried, five ayes.
Adopted City Council Minutes
January 5, 1999
Page 6
6.20 Street Light Project, Trinity Pond Addition
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-17 DECLARING ADEQUACY OF PETITION AND
ORDERING PREPARATION OF REPORT, STREET LIGHTING, TRINITY
POND ADDITION. Motion carried, five ayes.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-18 RECEIVING REPORT AND ORDERING PROJECT,
STREET LIGHTING, TRINITY POND ADDITION. Motion carried, five ayes.
6.21 Silverthorne Addition. Set Public Hearing for Vacation of Easement
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-19 ORDERING A PUBLIC HEARING ON THE
VACATION OF A PERPETUAL EASEMENT FOR STREET PURPOSES,
SILVERTHORNE ADDITION. Motion carried, five ayes.
6.22 Encroachment Agreement, Pike Lake Woods 2"d and 3" Additions (98170)
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-20 AUTHORIZING THE MAYOR AND MANAGER TO
SIGN AN ENCROACHMENT AGREEMENT FOR A RETAINING WALL
CONSTRUCTED IN THE FORESTVIEW LANE RIGHT—OF—WAY AND
DRAINAGE AND UTILITY EASEMENTS WITHIN PIKE LAKE WOODS 2ND
AND 3RD ADDITIONS (98170). Motion carried, five ayes.
6.23 Certificate of Exemption, Wetland Conservation, Activity Center (98153)
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-21 AUTHORIZING THE MAYOR TO SIGN THE
CERTIFICATE OF EXEMPTION FROM THE 1991 WETLAND ACT, CITY OF
PLYMOUTH, PARKS DEPARTMENT (98153), (NE'/ NE% SECTION 21 T.118.
R.22.) Motion carried, five ayes.
6.24 Street Name Change in Nanterre Development
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt ORDINANCE 99-1 STREET NAME CHANGE IN NANTERRE
DEVELOPMENT. Motion carried, five ayes.
6.25 Sidewalk/Trail Snow Removal Machine Purchase
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-22 APPROVAL OF PURCHASE ONE NEW CURRENT
MODEL SIDEWALK/TRAIL SNOW PLOWING MACHINE (MT -5
TRACKLESS). Motion carried, five ayes.
Adopted City Council Minutes
January 5, 1999
Page 7
8.01 (6.4) Interim Home Occupation License, Pokorny (98178)
Community Development Director Hurlburt presented the staff report on the request of
Karl and Joyce Pokorny for an interim home occupation license to allow non-resident
employees for an existing landscape business located at 1890 Troy Lane North. She said
that no one opposed the request at the public hearing.
Mayor Tierney said that a neighbor has expressed concern about equipment damaging the
roadway.
Director Hurlburt responded that Mr. Pokorny has a bobcat, trailer, and snowplow. He
uses some of this equipment to maintain the private roadway. Some of the neighbors
have previously expressed concern that things were stored outside on the property; and
Mr. Pokorny agreed not to store items outside. Staff does not find evidence that things
are stored outside today.
Karl Pokorny, 1890 Troy Lane, said that he needs employees because he can no longer
run the business alone. He will abide by the conditions in the proposed resolution. He
has a bobcat and transports some landscape materials. He said that no trucks are driving
in or out before daylight, and there are no deliveries coming to this location. Mr.
Pokorny said he has a letter from the asphalt workers on the road that his equipment does
no damage to the roadway. He noted that none of the individuals within 200 feet of the
site object to his request and requested approval.
Councilmember Slavik asked how many trips per day relate to the business.
Mr. Pokorny said that only he is traveling in and out via the road.
Joyce Pokorny, 1890 Troy Lane, said they want to abide by the laws and conditions of
approval, and she requested approval of the request.
Annie Arnold, 1755 Troy Lane, said Troy Lane is a private road. This area is sometimes
without electricity for several days, and she said Mr. Pokorny takes care of the
neighborhood. She said that Mr. Pokorny is a great neighbor, and she hopes he can
continue with the business.
Mark McAlister, 1870 Troy Lane, supported approval of the request. He has no concerns
about noise and said that Mr. Pokorny's equipment is similar to vehicles driven by others
in the neighborhood.
Don Harris, 18545 200' Avenue North, said his property overlooks the Pokorny property.
He supports the request and has no concerns with noise or truck traffic. He asked why
the City Council is considering issues relating to a private road.
Adopted City Council Minutes
January 5, 1999
Page 8
Dean Ribich, 1525 Troy Lane, said he has no concerns about the proposal. He is the
major deed holder of the private road, and said that Mr. Pokorny maintains the trees along
the roadway. He recommended that the item be approved.
Councilmember Harstad asked about private roads and how maintenance is handled.
Director Hurlburt explained that this road is not owned by the City, and the City is not
responsible for it in any way. The City does not typically approve new developments
with private roads, but a number of them exist in the City. She said private roads are
often not built to the same standards as city streets. She suggested that the Council focus
on whether the addition of employees to the business, who do not report to work on this
site, will have any impact on the neighborhood.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson,
that this item be postponed to the January 19 meeting and placed on the consent agenda.
Councilmember Johnson encouraged residents who oppose the request to contact the
Council.
Councilmember Slavik said she has no concerns with the request but feels it is important
to hear from residents before taking action.
Ms. Arnold said that the Troy Lane Homeowner Association handles all issues relating to
the private road.
Mr. Ribich asked why the Council does not approve the request at this meeting, rather
than table it to a future meeting.
Mayor Tierney explained that several neighborhood residents were informed of the
petitioner's request to table the item to January 19.
Motion carried, five ayes.
8.5 Interim Ordinance Regarding Development in Northwest Plymouth (98207)
Community Development Director Hurlburt presented the staff report on a proposed
interim ordinance temporarily prohibiting development applications and all zoning and
subdivision approvals within the 2020 expansion area of northwest Plymouth. She said
the City is presently working on an update to its Comprehensive Plan which will include
planning for the portion of northwest Plymouth that the City Council recently designated
for MUSA (metropolitan urban service area) expansion by the year 2020.
Since the Council's action, there has been significant interest from individuals regarding
development in this area. One application has been submitted for a conditional use
permit for a golf course and driving range on property owned by the Begin family.
Adopted City Council Minutes
January 5, 1999
Page 9
Director Hurlburt said the current Comprehensive Plan shows Fernbrook Lane generally
extended through the expansion area. Possible Fernbrook Lane alignments will be
considered as part of the Transportation Plan. A straight extension will not be possible
due to extensive wetlands in the area. She said the layout of the golf course would
definitely be affected by the location of the roadway, and the plan may preclude public
access or buffers around Mud Lake. Another concern is access to this property. It would
be expected that access would be from a higher level street. There is also the need for the
County to work with the City on the location of the regional trail through this area.
Director Hurlburt summarized that the incremental decisions made on individual
properties could result in a major impact on issues relating to the general area. She said
that the application already received by the City will proceed through the public hearing
process.
Councilmember Bildsoe questioned the timing of the interim ordinance.
Director Hurlburt said the interim ordinance would extend to January 1, 2000, or
whenever the City completes the Comprehensive Plan. It will be a challenge to complete
the Comprehensive Plan within a year, and it is possible for the Council to extend the
interim ordinance if necessary. She recommended that one year is the shortest practical
time period.
In response to questions by Mayor Tierney, Director Hurlburt said the original legislative
deadline for completion of the Comprehensive Plan Update was December 31, 1998.
However, the City received an extension to the end of the 1999.
Mayor Tierney asked if there is a connection between the impacts on this proposed golf
course and the Hampton Hills golf course.
Director Hurlburt said that Fernbrook Lane needs to cross the Soo Line Railroad at some
point. The City will need to consider impacts on the Hampton Hills golf course, on the
proposed golf course, and on many other properties in the area.
The Council asked when the alignment of Fernbrook Lane can be determined.
Public Works Director Moore said that the land uses will first need to be determined
because some of the City's land use types are typically separated by this type of roadway.
Manager Johnson said the City has preliminary sketches of five alignments. He
suggested that the Council could view the alignments at a February or March study
session. The Council could consider the relationship of the alignments with the proposed
golf course, the wetland impacts, and impacts on other properties in the area.
Director Hurlburt stated the City has until March 24 to complete its review of the
application relating to the proposed golf course. If the interim ordinance is adopted, staff
Adopted City Council Minutes
January 5, 1999
Page 10
will probably recommend denial of the application unless the applicant can demonstrate
that they will do no harm to the upcoming planning process.
Councilmember Bildsoe asked the City Attorney to address the status of the pending
application if the interim ordinance is adopted.
Attorney Knutson said that without an interim ordinance, the application would be
processed in a normal manner. The Council could amend the interim ordinance at any
time, if desired, to exempt the pending application.
Councilmember Johnson asked when the pending application was submitted and whether
the same issues would have existed if the application had been submitted two years ago.
Director Hurlburt said the complete application was received about a month ago. There
are a number of concerns and issues to be addressed, and staff will bring those issues
forward to the Planning Commission and City Council. She said the same application
submitted two years ago would have resulted in some of the same issues because the area
is outside of the urban service area. Now that the urbanization is imminent, it pushes up
the timing of proposed development in that area. The Water Resources Plan also has
implications for the application.
Councilmember Slavik asked what would occur if the Council approved the proposed
golf course and later selected a Fernbrook Lane alignment through the golf course.
Director Hurlburt responded that the City would be required to purchase the needed
property. There would be substantial expense to the City and damage to the golf course.
Other results from the alignments could be impacts on other landowners, or the City
being forced to select a less desirable route for the roadway.
Councilmember Johnson asked if the staff would recommend approval of the golf course
application if the petitioner agreed to give the City all needed right-of-way or agreed to
realign the course to address all concerns.
Director Hurlburt said it would be possible to address some issues in the application, but
without the determination of the Fernbrook Lane alignment, it would be difficult to
address access to the site.
Councilmember Bildsoe said he supports the concept of a golf course in this area but
would like the Council to deal with the issue of the interim ordinance. He suggested that
the applicant be allowed to move forward with the application and attempt to resolve the
issues of concern.
Judy Begin, 3900 Vinewood Lane #13, asked that they be allowed to continue working
with staff on the golf course application. She said this project will take about 18 months
Adopted City Council Minutes
January 5, 1999
Page 11
to develop. If the project is delayed due to the interim ordinance, the opportunity for a
golf course could be lost.
Greg Frank, McCombs Frank Roos, said that development of this property into typical
single family homes would generate more trips per day than a golf course. There is also
no traffic for about seven months per year and no peak hour traffic concerns. He said that
the alignment for the County's trail system is established to the west of the subject parcel.
The applicant is willing to work with the City to design the golf course to accommodate
the right-of-way needed for the Fernbrook Lane extension. He said there is a 50 to 75
foot separation area that could be used for right-of-way which provides flexibility in the
plan. He said the applicant would also work with staff to plan a continuation of a trail
and public access on the south side of Mud Lake.
Craig Sloan said the proposed golf course would use the existing natural resources and is
geared to a special niche in the golf market of a strategic mid -length course. He has no
objection to the interim ordinance, if the pending application for a golf course is allowed
to move forward. He said there is a very narrow window for development of the
property, as Mr. Begin will not wait for two years to begin the project.
Attorney Tom Goodman said that interim ordinances are a good idea in order to protect
the planning process. He said this site has a narrow window for development of a golf
course, and it would be a very desirable asset for the City. It would be a privately
financed, public facility that is closed during the winter. The project would provide green
space, and the applicant is willing to work with the City to address issues of concern. He
said the project would need a conditional use permit, and the City Council can adopt any
conditions necessary to ensure that all issues are addressed. He said that an interim
ordinance puts the applicant at a disadvantage, unless the pending application is
exempted from the interim ordinance.
Councilmember Bildsoe asked if Attorney Goodman will advise his client not to proceed
with the application if the Council adopts the interim ordinance.
Mr. Goodman said that will be a decision for the applicant. The applicant is proposing
this project for the benefit of the City. The applicant could sell the property for a higher
value for development as other uses.
Councilmember Bildsoe said he believes the application has value, and the interim
ordinance does not lessen his interest in achieving the development. He believes the
interim ordinance is needed in order to complete the planning process, which is in the
best interest of the entire City.
Mr. Goodman said that the City Council is discouraging the application by adopting the
interim ordinance because the balance of power will be shifted. He believes this
application should be exempted from the interim ordinance.
Adopted City Council Minutes
January 5, 1999
Page 12
Councilmember Bildsoe asked the City Attorney to comment on the balance of power,
and the concept of addressing all issues through a conditional use permit.
Attorney Knutson said that the term balance of power implies that the City Council may
try to do something inappropriate or try to get something from the developer that it is not
entitled to get. His experience is that this Council treats people fairly. He said the
Council would have substantially less discretion in dealing with a conditional use permit
application which is quasi-judicial in nature, than in considering a zoning amendment or
comprehensive plan amendment which is legislative in nature.
Manager Johnson said a conditional use permit is appropriate in a normal planning
process; however, this application could impact planning of multi-million dollar public
improvements. He believes that a golf course is a good use in the City, and if the staff,
Council, and applicant work together, perhaps it can be accomplished. He said the City
has an obligation to protect the multi-million dollar investments, and he recommended
adoption of the interim ordinance.
Councilmember Johnson asked if the Council must act within the March deadline.
Attorney Knutson responded yes, unless the applicant requests a deadline extension.
Kurt VonRueden, 13715 57`h Avenue North, opposed the interim ordinance. He said the
Begin Oaks Golf Course should be allowed to develop.
R. L. Begin, 5635 Vicksburg Lane, said the Fernbrook Lane extension is a separate issue
as the golf course access would be from a different street. He said this project will not
need any City sewer or water services.
Director Hurlburt said the property is outside of the urban service area and, therefore,
cannot connect to public sewers. The applicant has proposed a septic system for the club
house, which may be feasible. It may also be possible in the future to connect the club
house with sewer.
Jay Henrikson, 13805 58'h Avenue North, said he lives in Lake Camelot Estates. He
supports the development of a golf course on this site, but also wants northwest Plymouth
properly developed. He believes that the City can accomplish both things.
Motion was made by Councilmember Harstad, seconded by Councilmember Bildsoe, to
adopt ORDINANCE 99-2 AN INTERIM ORDINANCE TEMPORARILY
PROHIBITING THE ISSUANCE OF SUBDIVISION APPROVAL AND ZONING
APPROVALS IN A DESIGNATED AREA IN NORTHWEST PLYMOUTH.
Adopted City Council Minutes
January 5, 1999
Page 13
Councilmember Johnson supported the ordinance but said she considers the golf course
an asset to the community. She will be willing to grant an exemption from the interim
ordinance for the golf course development application if she feels that all issues have
been adequately addressed.
Councilmember Bildsoe said he also supports a golf course in this location, but an
interim ordinance is needed in order for the City to plan effectively. He encouraged the
applicant to continue with the process.
Mayor Tierney expressed concern that the application would be considered by the
Planning Commission within a few weeks, and the roadway alignment and access issues
cannot be resolved within that time.
Councilmember Slavik said it is important to develop this area in an orderly fashion. She
would like to see no development in northwest Plymouth, but supports the development
of a golf course in this area.
Judy Begin said she wants to work with the City to accomplish this project. She asked
what happens if the road alignments are not decided by the March 24 deadline.
Director Hurlburt said the application would not have to be denied. The review deadline
could be extended by mutual agreement.
Motion carried, five ayes.
Mayor Tierney called a five minute break.
8.06 (6.11) Adopt Year 2000 Policy Statement
Assistant Manager Lueckert presented the staff report on the proposed Year 2000 Policy
Statement. She explained that technology assessment, business operations contingency
planning, and community emergency preparedness comprise the City's Y2K effort.
Manager Johnson said the City has initiated a meeting with Hennepin County and all
cities in the county to discuss interface issues relating to Year 2000.
Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to
adopt RESOLUTION 99-23 ADOPTING A YEAR 2000 POLICY STATEMENT
FOR THE CITY OF PLYMOUTH AND APPOINTING THE YEAR 2000
COORDINATOR FOR THE CITY OF PLYMOUTH.
Councilmember Harstad asked if a date has been established when everything will be
compliant or replaced as necessary.
Adopted City Council Minutes
January 5, 1999
Page 14
Assistant Manager Lueckert said this should be accomplished by early summer. The
county -wide meeting will identify unresolved issues, and the City will determine later in
the year whether to carry specific Y2K coverage under the League of Minnesota Cities
Insurance Trust.
Motion carried, five ayes.
8.1 Appoint Council Coordinating Representatives and Agency Representatives
Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to
adopt RESOLUTION 99-24 DESIGNATING APPOINTMENTS FOR 1999 FOR
COUNCIL COORDINATING REPRESENTATIVES AND OTHER BOARDS
AND COMMISSIONS. Motion carried, five ayes.
8.2 Designate 1999 Official Newspaper
Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to
adopt RESOLUTION 99-25 DESIGNATING THE PLYMOUTH SUN SAILOR AS
THE CITY'S OFFICIAL NEWSPAPER FOR 1999. Motion carried, five ayes.
8.3 Appointments to Boards and Commissions
Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to
adopt RESOLUTION 99-26 APPOINTING INDIVIDUALS TO FILL VACANT
TERMS ON VARIOUS BOARDS AND COMMISSIONS. Motion carried, five ayes.
8.4 Appointment of Deputy Mayor
Motion was made by Councilmember Bildsoe, seconded by Councilmember Slavik, to
adopt RESOLUTION 99-27 APPOINTING DEPUTY MAYOR FOR 1999,
APPOINTING JUDY JOHNSON.
Councilmember Harstad said there was discussion at a previous meeting of appointing
Councilmember Johnson as Deputy Mayor in 1999 and appointing Councilmember
Bildsoe in 2000.
Councilmember Johnson said that this is a one year appointment; and she will support the
appointment of Councilmember Bildsoe as Deputy Mayor in 2000.
Motion carried, five ayes.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adjourn the meeting at 9:50 p.m. Motion carried, five ayes.
Crty derk