HomeMy WebLinkAboutCity Council Minutes 09-21-1999Adopted Minutes
Regular Council Meeting
September 21, 1999
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 Boulevard, on September 21, 1999. Prior to the Council
Meeting at 5:30 p.m. the Council interviewed student applicants for the Youth Advisory
Committee and the Human Rights Commission in the Medicine Lake Room.
COUNCIL PRESENT: Mayor Tierney, Councilmembers Brown, Black, Harstad, Johnson,
Bildsoe, and Slavik.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Assistant Manager Ahrens, Police Lieutenant Ward,
Parks and Recreation Director Blank, Community Development Director Hurlburt, Public Works
Director Moore, City Attorney Knutson, and City Clerk Paulson.
Assistant City Manager Ahrens reported Jan Wendland, City's Payroll Clerk for the past 20
years, passed away on September 16, 1999. She will be missed, and the City extends its
sympathy to her husband Bernie and her family. Mayor Tierney then declared a moment of
silence before proceeding on the agenda.
Plymouth Forum
Ray Rossini appeared before the Council to inform them of an event entitled "Finding Common
Ground," and he invited individuals to attend the meeting. He explained the group originally
started with concerned citizens who met to discuss differences. People shared concerns and
values which at one time were conceived to be differences. The participants formed a task force
and now have organized "Common Ground 2" for Saturday, October 9, 1999 from 8:30 a.m. to
3:00 p.m. at the Wayzata Community Church. There is the possibility to connect members of the
community and build the community in an energetic way. He discussed about their beliefs and
goals and encouraged people to attend "Common Ground 2."
Presentations and Public Information Announcements
4.1) Presentation of "Environmental Champion" Award to David Astin
Terri Goodfellow -Heyer, Chair of Environmental Quality Committee, presented the 1999
Environmental Champion Award to David Astin of Wayzata School. This award is in
recognition of his exemplary land stewardship. She spoke of his activities in the community and
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September 21, 1999
Page 2 of 17
at the school district. Mr. Astin thanked the Council and stated he was very honored to receive
the award. He stated City staff members Paul Buck, Mark Peterson, and Shane Missaghi have
been very active and supportive of this program.
Approval of Agenda
Mayor Tierney requested to add the report on the Panda Skating Team as item No. 9.1. She
would also like to discuss TwinWest Business Council's meeting scheduled for tomorrow.
Councilmember Johnson requested to add a report from the LMC Board Meeting she recently
attended. Councilmember Bildsoe requested to add a report on stoplights. Councilmember
Johnson requested to act on Item No. 8.3 before item No's. 8.1 and 8.2.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to approve
the amended agenda. With all members voting in favor, the motion carried.
Consent Agenda
6.01-6.19) Councilmember Bildsoe requested to discuss one of the items briefly under the
Consent Agenda and potentially table it to another meeting.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to
approve the Consent agenda which included the following items:
6.01: Approval of City Council Minutes (August 31, 1999, September 1, 1999, and September 7,
1999).
6.02: Resolution Approving Disbursements for the Period Ending September 10, 1999 (Res99-
394).
6.03: Resolution Approving a Side Yard Setback Variance for Salvatore and Nancy Testa on
Property Located at 2305 Walnut Grove Lane North (99072 — Res99-395).
6.04: Resolution Approving Fence Height and Pool Setback Variances for Robert and Signe
Hensel on Property Located at 725 Olive Lane North (98082 - Res99-396).
6.05: Resolution Approving Lot Division/Lot Consolidation for the Frenchie LaPointe's
Addition Located West of Zinnia Lane and South of 5`h Avenue (99087 — Res99-397).
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September 21, 1999
Page 3 of 17
6.06: Resolution Approving Change of Corporate Officers for Wine and On -Sale 3.2 Malt
Liquor License held by D & D of Minnesota, Inc. (Res99-398).
6.07: Resolution Reducing Required Financial Guarantee for the Village at Bassett Creek
97080 — Res99-400) and a Resolution Reducing Required Financial Guarantee for Shores of
Kraetz Lake Addition (94135 — Res99-399).
6.08: Resolution Receiving Preliminary Engineering Report and Calling for Hearing on
Improvements for Sanitary Sewer Service on Troy Lane North of County Road 6 (7018 — Res99-
401).
6.09: Resolution Reimbursing Developer for Required Sanitary Sewer Construction for
Westbranch 4th Addition (95139 — Res99-402).
6.10: Authorization to fill the Street/Sewer and Water Maintenance Worker position.
6.11: Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment for 1999 Weed Eradication and Destruction, Roll 1 (Res99-403), and a Resolution
for Public Hearing on Proposed Assessment for 1999 Weed Eradication and Destruction, Roll 1
Res99-404).
6.12: Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment for 1999 Removal and Destruction of Diseased Trees, Roll 1 (Res99-405), and a
Resolution for Public Hearing on Proposed Assessment for 1999 Removal and Destruction of
Diseased Trees, Roll 1 (Res99-406).
6.13: Resolution Rescinding Resolution No. 99-391 which Establishes Council Meeting Starting
Time for December 21, 1999 Regular Council Meeting (Res99-407), and a Resolution
Rescinding Resolution No. 99-392 which Sets Truth in Taxation Public Hearing Dates for 2000
Tax Levy (Res99-408).
6.14: Approval of change in meeting time for the November 2, 1999 Regular Council Meeting.
6:15: Schedule December 14, 1999 at 7:00 p.m. and January 25, 1999 at 7:00 p.m. as dates for
Joint City Council/Planning Commission meetings for review of the Comprehensive Plan.
6.16: Resolution Authorizing Contract for Cleaning Services at Plymouth Ice Arena (Res99-
409).
6.17: Resolution Authorizing Pathway Lighting Adjacent to the Plymouth Creek Center Project
Res99-410).
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September 21, 1999
Page 4 of 17
6.18: Resolution Approving the Acquisition of Property at 14105 County Road 47 for Park
Purposes (Res99-411).
6.19: Resolution Approving 1999 Tobacco License for Cliff Corporation, d/b/a Doolittles,
15555 34th Avenue North (Res99-412).
Councilmember Bildsoe raised an issue on the minutes from the Joint City Council/Planning
Commission meeting on August 31, 1999 and the Regular Council meeting of September 7,
1999. He stated regarding the August 31, 1999 Council minutes, he requested the minutes be
rewritten to provide more detail of the discussion that occurred at this meeting. He stated
regarding the September 7, 1999 minutes, on page 17, the date on the motion should be changed
from October 21, 1999 to October 21, 1998. Motion was made by Councilmember Bildsoe,
seconded by Councilmember Johnson to table approval of these minutes until the October 5,
1999 Council Meeting. With all members voting in favor, the motion carried.
There being no further discussion and with all members voting in favor of the amended Consent
Agenda, the motion carried.
Public Hearings
There were no public hearings scheduled.
General Business
8.3) Appointment of Youth Members to Plymouth Youth Advisory Council and Plymouth
Human Rights Commission
Motion was made by Councilmember Slavik, seconded by Councilmember Harstad to appoint
Laura Marofsky (Ward 2), Dev Jadhav (At Large), and Jameson Johnson (At Large Alternate) to
the Youth Advisory Council. With all members voting in favor but Johnson, due to a conflict of
interest, the motion carried.
Motion was made by Councilmember Slavik, seconded by Councilmember Harstad to appoint
Amanda McCartney (At Large), and Noah Kunin (At Large Alternate) to the Human Rights
Commission. With all members voting in favor, the motion carried.
8.1) Consider whether to conduct a Public Hearing to amend the Comprehensive Plan for
Ferndale North Open Space/Neighborhood Park Issue (99092)
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September 21, 1999
Page 5of17
Parks and Recreation Director Blank reported on the request to amend the Comprehensive Plan
to allow a neighborhood park in an open space located in the Ferndale North Subdivision. He
stated on August 12, 1999 the Park and Recreation Advisory Commission (PRAC) conducted a
public meeting to solicit comments on the issue. He stated the PRAC approved the following
recommendation:
1. Maintain Ferndale North Outlot A as open space.
2. Improve access at all entryways to Outlot A.
3. Develop a management plan for the overall property.
4. Seek an alternative playground site nearby with the service area.
He stated the Planning Commission reviewed the request as well and listed below is their action:
1. Motion was made to not conduct a public hearing on the proposed amendment to the
Comprehensive Plan. This motion failed on a 3-3 tie vote.
2. A motion was made to conduct a public hearing. This motion failed on a 3-3 tie vote.
3. A motion was made recommending that the City Council determine if a public hearing is
necessary. In addition, if the Council recommends that a public hearing is conducted, then
alternative sites for a park should be identified.
He stated there are a number of options the Council could choose and they are:
1. The Council could direct the Planning Commission to conduct a public hearing to consider
amending the Comprehensive Park Plan changing the Ferndale North site from open space to
neighborhood park designation. Following the public hearing, the Commission would then vote
on their recommendation to the City Council regarding this matter. Any amendment to the
Comprehensive Park Plan would require a 5/7 vote by the Council.
2. The Council could take no action. The land would remain as it is currently designated and no
further action would be necessary by the Council.
3. The Council could direct staff to follow the recommendations of the PRAC. The draft 2020
park plan as currently written is based on this recommendation which suggests the City will look
for an alternative, active site for a neighborhood playground. The PRAC also recommended that
the City maintain Ferndale North Outlot A as open space, improve access at all entryways and
develop a site management plan.
4. Approve the first option with specific direction to staff, the Park Commission, and Planning
Commission to develop a plan to locate a small playground near the Fourth Avenue Outlot A
entrance with no other improvements implied and no offstreet parking. This would follow
reguiding the site from open space to neighborhood park.
He discussed the four alternative sites for a playground area that have been identified which are
as follows:
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September 21, 1999
Page 6 of 17
1. Property located at the southeast corner of County Road 6 and Ferndale Road (property
located 3/10 of a mile from the north Brockton Lane entrance to the Ferndale North plat and 6/10
of a mile from the 6`h Avenue entrance).
2. Two lots located on the north side of Ferndale Road and 12`h Avenue. Both of these lots
would require extensive removal of trees to accommodate the play area.
3. The vacant lot located on the northeast end of 11 `h Avenue. This property is heavily treed
with a fairly steep slope running to the east which makes it difficult to develop.
4. A small mini -park located on Margaret Avenue in Wayzata which could be jointly developed.
This area is basically the size of two single family lots. This site would require approval by the
City of Wayzata. (Property is 3/10 of a mile to the south Brockton lane entrance to the Ferndale
North plan and 5/10 of a mile to the 6`h Avenue entrance to Ferndale North).
He stated of the four sites listed above, he anticipates major difficulties with the 12`h Avenue,
11 `h Avenue, and Wayzata sites. The southeast corner of Ferndale Road and County Road 6
would appear to be the easiest site with the least amount of tree removal. However, this site is
clearly outside the distance boundaries (1/2 mile) established as the target for the comprehensive
plan of all the City's service neighborhoods.
Councilmember Harstad asked in terms of where a park is located, is it based on need or the
desire for one. Parks and Recreation Director Blank responded the Comprehensive Plan is based
on demographics only. Staff is considering adding mini parks in the Comprehensive Plan.
These would be for parks smaller than five acres in size. In analyzing an entire community,
there are appropriate areas for a mini park. He stated staff also considers the need of the
community for 10 to 20 years in the future. Councilmember Harstad asked if the Council were
to approve a mini park, would it be possible to utilize a reserve fund mechanism. Parks and
Recreation Director Blank stated yes, and staff could determine appropriate funding. He stated
the objective of a neighborhood park under the Comprehensive Plan is that a playground area
would be located one-half mile (six blocks) of a neighborhood. Therefore, it would seem most
appropriate in this case that the playground area be located in Outlot A.
Councilmember Brown asked Parks and Recreation Director Blank what constitutes a mini park.
Parks and Recreation Director Blank replied it contains an area typically 120 square feet with
two pieces of major play equipment and benches. Staff usually performs a neighborhood
research to determine the ages of the children and tries to incorporate some of their ideas in the
planning process. After that task is completed, the final design is prepared.
Councilmember Brown asked what makes a park. Parks and Recreation Director Blank stated
what he was referring to in his report is a management plan for the site. A management plan
could include woodchip, crushed rock, or asphalt trails.
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September 21, 1999
Page 7 of 17
Councilmember Bildsoe asked if there are other areas in the City that are in need of a
neighborhood park. Parks and Recreation Director Blank stated yes. One area is located along
Hemlock Lane adjoining Maple Grove, smaller area but adjacent to three major roads, and
another area is located just west of Medicine Lake which is probably one of the larger areas.
Councilmember Bildsoe stated he is trying to obtain a general idea what the targeted areas in the
City are for park purposes. He asked if these other areas that are in need of a park have
submitted petitions or requests. Parks and Recreation Director Blank replied the contacts have
been basically inquiries only — not by petition or formal requests.
Councilmember Slavik asked for clarification where the existing parks are located. Parks and
Recreation Director Blank illustrated the sites. She asked if there is a park site in Wayzata
somewhat near this neighborhood. He replied yes, and he illustrated a site located on Margaret
Avenue in Wayzata which could be jointly developed. The Ferndale North residents would be at
least one mile away from the location. Mayor Tierney observed that there is no playground area
for this Ferndale North neighborhood and/or County Road 6 area within a mile.
Councilmember Black stated she has been informed that the City installed some playground
equipment at Gleason Lake Elementary as a compromise to this situation, and she asked if that
was correct. Parks and Recreation Director Blank replied that location serves another area.
Councilmember Harstad asked if it was possible and/or ever discussed to designate a portion of
the Outlot as a mini park and maintain the remaining seven acres as open space. Parks and
Recreation Director Blank stated this was discussed; however, it didn't receive favorable
response.
Councilmember Johnson asked what the total cost would be on the alternative sites. Community
Development Director Hurlburt estimated a minimum of $100,000 for each of the platted lots
which wouldn't include the playground equipment.
Councilmember Johnson asked if the Council approved the PRAC's recommendation to consider
alternative sites, could it cost the City approximately $300,000. Parks and Recreation Director
Blank stated that is correct.
Councilmember Johnson asked if the Council took no action, would it violate the City's
obligation to provide a park for this neighborhood. Parks and Recreation Director Blank replied
no. Staff would proceed with the Comprehensive Plan update and explore aggressively how they
could satisfy that need with an ultimate solution.
Councilmember Black noted that there would a substantial amount of tree removal with the
Ferndale Road and 12th Avenue sites. Community Development Director Hurlburt stated these
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September 21, 1999
Page 8 of 17
are fairly large lots, and a park use may not be as detrimental as constructing two homes on these
lots as there would be a loss of trees either way.
Councilmember Slavik asked if trees would also have to be removed on the Outlot site in the
Ferndale North development. Parks and Recreation Director Blank stated it depended on the
area the Council chose in the Ferndale North area. He stated staff tries to avoid tree removal as
much as possible, but a tree survey would need to be completed.
Councilmember Brown asked what is involved with the option to improve the access to all
entryways and develop a site management plan for the Outlot site. Parks and Recreation
Director Blank stated at a bare minimum, signage would be installed and brush would be
removed at all entranceways.
Mayor Tierney stated the Council values open space, however, this Outlot is a preserve with no
public access. She suggested selling this Outlot to the neighbors, and the City would use that
revenue to develop a neighborhood park elsewhere. The neighbors could then maintain it as a
private preserve. She doesn't see any public benefit when this Outlot has no public access.
Councilmember Slavik stated she understood it that this is public property with access.
Therefore, labeling it a private preserve doesn't really fit. Mayor Tierney stated currently there
is no signage or cleared access or trail to the property. Therefore, a citizen would hardly know
that this is a neighborhood park. She also feels there is a broader mandate from the citizens to
construct playground areas for neighborhoods.
Councilmember Black stated in her opinion the property is a park that is not signed very well,
doesn't provide access for everyone, and there is no playground equipment. She stated the
PRAC stated the Council should consider a management plan which would include access to the
property. She stated she is inclined to accept the PRAC's recommendation with the provision to
provide reasonable access that doesn't destroy the characteristics of the park.
Councilmember Johnson informed the Council that five votes are needed to include a playground
area in the Comprehensive Plan. Therefore, she encouraged the Councilmembers to indicate this
evening their position on this issue.
Mayor Tierney stated all correspondence received from the public is included in the staff report.
Before receiving public testimony, the Council took a five-minute recess.
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September 21, 1999
Page 9 of 17
Following the five minute recess, Mayor Tierney stated testimony will be limited to three
minutes unless a spokesperson is appointed to represent a group. If an individual doesn't need
the full three minutes, they can allocate their time to another individual.
Steve Belden, 18725 4th Place North, stated consensus and compromise is missing from this
issue. There is a consensus from a second survey that 77 homes are opposed to the park area.
He stated there are the same few people arguing for a public park, and he doesn't believe that a
compromise is likely for this issue. The individuals requesting the park are unable to accept an
alternative site other than the Outlot. The Outlot is a very valuable asset to the neighborhood in
its current state. He stated the Outlet is public property, and it is not suitable for a park. It would
infringe upon private property. The park supporters stated property values would increase, and
property owners would be the beneficiaries. He disagrees as the value of the entire
neighborhood is enhanced more by open space than by a park. He feels the Councilmembers
need to review all the reasonable arguments but that doesn't mean there has to be a compromise
on every issue. He requested the City to not use City time and money for a park where the
neighborhood doesn't want one.
Mary Belden, 18725 4th Place North, briefly addressed with the Council the value of open space.
She stated a realtor has indicated that the value of a home is less if you have a park, and the trend
is to maintain open space. Development of a playground area is not compatible use for this
property. She requested the Council approve the recommendation of the PRAC.
Karen Effrem, 305 Brockton Lane North, requested the Council continue this process and
conduct a public hearing for a park. She feels this issue has been bitterly polarized, and there
could be some compromise. A park would provide value to the neighborhood as a place for
children to play and to provide a sense of neighborhood. She stated the alternative sites are
further away, on busier roads, and would be expensive to construct. She also feels that the
covenant has had a confused history and according to the City Attorney, there is no reason why
this Outlot couldn't be developed as a City park. She stated none of the proponents are
requesting for the entire Outlot area to be destroyed. If this couldn't be accomplished, she
requested a trail be constructed and/or the placement of table and benches for the neighborhood
to congregate.
Maureen English Carroll, 19010 11th Avenue North, stated she has two small children, and she
supports a park being constructed for the neighborhood. She stated it would be very nice that the
neighborhood would have a place to congregate. She stated currently the Outlot is not
accessible, and the sumac is overgrown. She doesn't believe there is any reason why a play area
couldn't be developed here. She stated this area has been referred to as open space; however,
this has occurred by way of default. The deed does not restrict this property as open space. Any
Adopted City Council Minutes
September 21, 1999
Page 10 of 17
contractual relationships between the developer and the City ended with the deed. Therefore, the
Council could designate this property for whatever use they deem appropriate.
Jennifer Summers, 18810 4th
Avenue North, stated she received her copy of the Plymouth News.
The "Council Capsule" article referred to the Plumtree East 3`d Addition which contains 18
single-family lots and four lots designated for common open space. She was informed by staff
that the dedicated open space is free of development. She stated this was a natural area (wetland)
that couldn't be developed. The City continues to represent these areas as open space. She
questioned if these property owners will encounter the same situation which is occurring with
this issue.
Joanie Biaggio, 18790 4th Avenue North, explained her property doesn't adjoin this Outlot. She
stated the neighborhood didn't agree to the playground area as they didn't want to diminish the
park as it currently exists. She stated this site is not a suitable area for a park area; however, she
does feel that there could be alternative sites.
Sue Siegel, 18520 5th Avenue North, requested the Council allow the Planning Commission to
review this issue again with a public meeting. She researched the history of this Outlot, and this
Outlot was to be constructed as a playground area. In 1977 the developer, Lundgren Brothers,
requested a playground area. Since the City at that time didn't have the staff and/or park
program that currently exists, payment of the park area would be included in the mortgages.
Therefore, it was classified as a neighborhood preserve area. Currently, the neighborhood
doesn't utilize this Outlot for any activities. She stated their neighborhood has been overlooked
the past 22 years. Therefore, she requested the Council to initiate the same process that other
neighborhoods follow for playgrounds in their areas. She informed the Council there are over 80
acres of open space within one-quarter mile of their neighborhood, and all they're requesting is a
120'x120' play area.
Alan Shuler, 18815 4th Avenue North, stated their property does not abut the Outlot. He stated
they have a very nice walking and biking path to the Wayzata Trail and Luce Line. He stated he
and his wife were attracted to Ferndale North because there were many children. They didn't
move to this subdivision because there wasn't a park. He stated there are 110 school age
children and younger in this area, and he can't recall one instance why someone moved away
because there wasn't a park. He stated regarding Mayor Tierney's suggestion to allow certain
property owners to purchase this Outlot, it would deny access to 150 property owners. He stated
he was informed that this property was to be forever undeveloped, and there is a moral obligation
to honor that commitment. In conclusion, he supports the PRAC's recommendation to not
develop a play area.
Scott Drawe, 360 Brockton Lane North, stated the issue before the Council is the use of public
land and what is the best use for the community. It's not a matter of private benefit from the
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September 21, 1999
Page 11 of 17
property. He acknowledged that the City has developed a fairly comprehensive park and
recreation plan, and the fundamental of that plan is to provide park facilities within a reasonable
distance of neighborhoods. The City could construct a park area which would encompass one-
third of a seven acre site without changing the current condition which is open space. A
neighborhood park could provide a common gathering area for the neighborhood. Those who
support the play area do not want the Outlot to change substantially in character. He requested
access be provided to this Outlot with a trail and play area for children. This type of use would
be better use of public land.
Kathy Jackson, 870 Brockton Lane, stated she does not reside adjacent to the property, and she
has lived there for 20 years. When they purchased their property from Lundgren Brothers, it was
conveyed to them that there was to be a park at this property. She stated there hasn't been a
neighborhood play area for young children. There is no place close to the neighborhood for the
young children too play. However, the older children can use the trails in the area. She
informed the Council that the neighborhood is very close to a lot of open space areas. In
conclusion, she stated no one wants to destroy the character of the Outlot.
Eric Berg, 18710
4t' Place North, stated he recently took some pictures of the subdivision, and
this reinforced his impression of the neighborhood that there are a number of places for children
to play. The backyards are full of playground equipment for children. He estimated that there
are at least 41 swingsets, and 61 basketball hoops. Since there is not a neighborhood park, the
property owners have made mini parks in their own backyards. He stated by constructing a play
area in the Outlot, it would destroy the wildlife area. Lastly, he requested the Council support
the PRAC's recommendation.
Dan Waldrop, 18845 8t' Avenue North, stated one issue is safety. He recently met with three
neighbors in Heritage Park, and there has been vandalism, window peeping, etc. in that area.
The police have been patrolling the walking paths. He stated regarding the alternative site
issues, he acknowledged the fact that there has been somewhat a requirement that a
neighborhood park should be within six blocks of every resident. He stated the alternative sites
which were discussed fit within that guideline, and they also meet the criteria of the
Comprehensive Plan. He requested the City to salvage the open space before it's destroyed.
This is a unique feature of this area that should be preserved.
Lynne Gardner, 320 Brockton Lane North, requested the Council to conduct a public hearing on
this issue. She requested the City to gather and send all information to the neighborhood and
present an unbiased recommendation. She stated personally she would like to review any
potential plans for this site and/or the alternative sites. She suggested a mini park be constructed
at the entrance of the Outlot.
Adopted City Council Minutes
September 21, 1999
Page 12 of 17
Patti Keeney, 900 Brockton Lane, requested that she be able to give her three minutes of
allocated time to Sue Siegel, 18520 5th Avenue North, who previously addressed the Council.
Ms. Siegel stated Ferndale North is a wonderful area, but there is a quality of life established by
the City that they feel their neighborhood is entitled to. She reiterated there is no land restriction
contained on the deed. Regarding the open space bond referendum, voters were asked to vote on
expending funds for four different sites that would remain open spaces. The four sites never
included this site, a former abandoned turkey farm. The voters never gave the City permission to
not construct a playground area in the former turkey farm. She referenced a letter received from
the City Attorney in tying up those open space properties. She questioned how this issue is any
different. Lastly, she feels the Ferndale North neighborhood has been more than compromising.
Betty Good, 605 Brockton Lane, stated their property has a small corner that abuts the easement
on the entry way of the Outlot. She definitely opposes any change to the development of the
land. After talking to Finance Director Hahn, she learned that the average home in 1999 was
206,300, and $9.16 was received in taxes for that property for open space acquisition. She
stated as a citizen who pays their taxes, she doesn't mind paying for this open space acquisition,
but when she has one in her own backyard, she would like it maintained as open space. She
acknowledged that this issue has split the neighborhood.
David Hogshire, 525 Brockton Lane North, illustrated to the Council a picture of his backyard
which abuts the Outlot. If the City constructs a play area, it would change his property
fundamentally. He urged the Council to not change the property.
A member of the audience gave to the Council pictures that depicted each view looking out from
the Outlot area.
Mary Waldrop, 18845 8th Avenue North, also gave to the Council pictures she had taken that
depicted the directional view inside and outside of the Outlot area.
There being no further testimony, Mayor Tierney declared the public comment portion closed.
Motion was made by Councilmember Black, and seconded by Councilmember Slavik that the
Council take no action on the Outlot. The land would remain as it currently is designated.
Councilmember Black hoped that if there is a future action to purchase additional open space,
that Council would honor that request. She stated barring any real major change, she doesn't see
why this Council would want to change the position of a previous Council. She reiterated that
there have always been children in this neighborhood, and there was no problem even though
there was no structured park. She prefers that the City review their open spaces as part of the
Comprehensive Plan process.
Adopted City Council Minutes
September 21, 1999
Page 13 of 17
Councilmember Slavik stated she feels the Council has a moral obligation to support the
Resolution adopted on March 7, 1977 which approved the Final Plat of the Ferndale North 2nd
Addition. She quoted a paragraph from that resolution which summarized that Outlot A would
be deeded to the City as a nature preserve area. It's her opinion that people purchased their
properties based on this Resolution. She stated the majority of the properties in Ferndale North
have large backyards, and there are play areas in their backyard. She stated in her own situation,
the closest park is a mile away from her home. However, the City provides many opportunities
for children of the City. Residents can participate in park and recreation classes, which she
currently does.
Councilmember Brown spoke against the motion, but he agreed that this Outlot isn't the place
for a park. Regarding this Outlot, he is concerned about the lack of public access. He stated
public land without public access is not public. His second concern is the division that has
occurred in this neighborhood regarding this issue.
Councilmember Black added that she would be willing to amend the motion as the management
plans don't have to exclude access. She stated in order to appreciate preserved open spaces,
access should be provided. She stated in making the above motion, she was not excluding future
trail or park benches in this area. However, she would prefer that this be reviewed as part of the
Comprehensive Plan process. Motion was made by Councilmember Black, seconded by
Councilmember Slavik to amend the motion that the City will review a plan for this open space
within the context of the Comprehensive Plan for open spaces.
Councilmember Harstad spoke against the motion as he strongly supports the Council scheduling
this item for a public hearing as there is a definite need for a play area. He stated that he is
disappointed that the homeowner's association didn't assume more of a leadership role, and the
Planning Commission was deadlocked on this issue.
Councilmember Slavik commented she doesn't feel there would be any new information
presented at a public hearing. Councilmember Harstad stated there is a possibility that there
could be a compromise if the Council conducts the public hearing.
Councilmember Bildsoe requested clarification on the amendment. Councilmember Black stated
this Outlot should be included in the review of open spaces as part of the Comprehensive Plan.
Community Development Director Hurlburt reported eventually the Parks Department would
have a policy that each open space area would have a management plan. Those management
plans will be not be addressed until next year.
There being no fiu ther discussion on the amendment, a motion was made by Councilmember
Black, and seconded by Councilmember Brown to call the question. With all members voting in
favor, the motion carried.
Adopted City Council Minutes
September 21, 1999
Page 14 of 17
The Council then voted on the amendment and with Bildsoe, Slavik, Brown, and Black voting
yes, and Johnson, Harstad, and Tierney voting no, the motion carried.
Councilmember Johnson stated regarding a public hearing, the majority of the people haven't
spoken, but she is unsure if a public hearing is the best solution at this time. She stressed the
importance of allowing citizens to present their requests to the Council whether it's with a formal
petition or not. She would prefer to continue with the next step in this process, but this issue is
so decisive.
Councilmember Bildsoe reiterated the importance of citizens presenting their requests to the
Council. His initial reaction, prior to walking the site, was there was some merit in requesting a
small park for this area. Now that he has reviewed this area and considered his position on open
spaces within the City, he would like to maintain as much open space as possible. He feels an
area that is set aside where nothing is developed is an asset. Therefore, he supports the motion to
take no action on this site which is consistent with his vision of the City. However, he could
support improvements to the entrance of the Outlot which would make it more accessible.
Councilmember Slavik stressed that she is not opposed to a park in this area. She doesn't feel it
would work on this specific site. She would be open to any dialogue in pursuing a park in an
alternative location for this area.
Councilmember Black stated she agrees with Councilmember Slavik.
Councilmember Johnson stated regarding the other alternative sites identified, they're not really
good sites either as the City would incur additional costs to purchase the properties and prepare
the sites for a play areas. She stated her idea was to develop a small park on this Outlot and
grant a conservation easement on the remainder of the property. She's also not in favor of using
tax dollars to construct a new park.
Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe to
suspend the meeting rules to extend the meeting to 10:30 p.m. With all members voting in favor,
the motion carried.
Mayor Tierney stated in the future, the Council would be reviewing the possibilities of a park for
this area. Currently, the Council is reviewing the Comprehensive Plan. Her concern about not
conducting a public hearing is that the opportunity doesn't exist to discuss all the issues
including the possibility of property owners adjacent to this Outlot purchasing the property, and
the City using those funds to develop a park elsewhere for this neighborhood. She
acknowledged that the City values open space.
Adopted City Council Minutes
September 21, 1999
Page 15 of 17
Parks and Recreation Director Blank stated for clarification purposes, the Council is required to
conduct a public hearing on this property if they want to change the specific use of the property.
Councilmember Slavik requested staff to work with the neighborhood in locating an alternative
site. She stated perhaps County Road 6 and Ferndale Road might have some potential.
Councilmember Johnson stated if that is the case, than other neighborhoods who are in need of
play areas have to be considered as well.
The Council then voted on the amended motion. With Bildsoe, Slavik, Brown, and Black voting
yes, and Johnson, Harstad, and Tierney voting no, the motion carried.
Motion was made by Mayor Tierney, and seconded by Councilmember Harstad to consider
alternative sites for a neighborhood play area. Mayor Tierney stated this motion would reaffirm
to the neighborhood that the Council is committed in reviewing any possibilities for a play area.
Councilmember Black stated she is uncomfortable supporting this motion as the Council already
directed that this area be included with all the other areas that are in need of park areas according
to the Comprehensive Plan. With all members voting in favor but Black, the motion carried.
8.2) Approve a Finding of "No Need" for an Environmental Impact Statement for Eagle
Lake Regional Park Special Recreation Use Area (Suburban Hennepin Regional Park
District — 99009)
Community Director Hurlburt stated this is for a project proposed by the Suburban Hennepin
Regional Park District for Eagle Lake Regional Park Special Recreation Use Area. This project
includes a 9 -hole executive golf course, but the specific approvals for use of the property would
be presented to the Council at a later date. The approval this evening by the Council allows the
applicant to continue with the planning process.
Motion was made by Mayor Tierney, seconded by Councilmember Johnson to adopt a
Resolution Declaring Finding of "No Need" for an Environmental Impact Statement (EIS) based
upon the Review of the Environmental Assessment Worksheet (EAW) Dated July 30, 1999 for
the Project Proposed by Suburban Hennepin Regional Park District for Eagle Lake Regional
Park Special Recreation Use Area (99009 — Res99-413). Councilmember Black stated she
would be abstaining from this vote as she does not support any portion of this project. With all
members voting in favor except Black who abstained, the motion carried.
8.4) Appoint Individual or Establish Process to fill vacancy on Housing and
Redevelopment Authority
Adopted City Council Minutes
September 21, 1999
Page 16 of 17
Mayor Tierney informed the Council that David Crain, member of the Housing and
Redevelopment Authority, has informed the City that he is relocating to another city; therefore,
he will be resigning from the committee. She stated the Council, not too long ago, interviewed a
few applicants for the committee. Therefore, she stated she would like to recommend one of
those previous applicants this evening. With the Council not being opposed to this suggestion,
motion was made by Mayor Tierney, and seconded by Councilmember Bildsoe to appoint
Richard Able to the Housing and Redevelopment Authority. With all members voting in favor,
the motion carried.
Reports and Recommendations
9.1) Mayor Tierney reported 13 skaters from Plymouth's Panda Skating Club recently
competed in the World International Skating Championships and placed 14th out of 105 teams.
She directed staff to draft a letter to the club congratulating them on their accomplishment.
9.2) Mayor Tierney stated she is unable to attend TwinWest Business Council's meeting
tomorrow. Therefore, she asked if another Councilmember could attend this meeting with
Manager Johnson. Councilmember Johnson stated she would try to adjust her schedule to attend
the meeting.
9.3) Councilmember Johnson stated she attended the last LMC Board Meeting. She spoke of
proposed legislation drafted by Senator Kelley from the Hopkins area which would give the State
authority over telecommunications. The proposed legislation would remove all local controls
over the cable companies. This would include the franchise agreements and franchise fees. She
stated this is just a "for your information only" update for the Council, and it is an item that will
be discussed in greater length during the legislative session. She stated this is an issue that the
Council may want to discuss with their legislators. She informed the Council that the League of
Minnesota Cities has not been involved in the discussions surrounding this bill.
9.4) Councilmember Bildsoe requested Public Works Director Moore update the Council on the
status of signalization at Rockford Road and Vicksburg Lane, Medina Road and County Road
24, West Medicine Lake Road and County Road 61.
Public Works Director Moore stated the County has included the signalization for Rockford
Road and Vicksburg Lane. This is part of the County's bid package for March or April 2000 and
should be installed in early summer. He stated the Medina Road and County Road 24 does
warrant traffic signals. However, there are about 50 intersections that warrant signalization in
the County, but there is only funding for 10 of those intersections. This particular intersection is
ranked in the middle of the list. The City will continue to work with the County in securing
funding.
Adopted City Council Minutes
September 21, 1999
Page 17 of 17
Motion was made by Councilmember Black, and seconded by Councilmember Johnson to
suspend the rules to extend the meeting to 10:35 p.m. With all members voting in favor, the
motion carried.
Public Work Director Moore stated for the West Medicine Lake Road and County Road 61
intersection, the preliminary design is completed with the consultant. It will be presented to the
County for approval and then be presented to the Council. At this particular intersection the
warrants were very low; therefore, there would be no funding on the part of the County. This
should be part of the City's bid package in May 2000 with installation to occur late summer.
Councilmember Black asked about the status of the Schmidt Lake Road and the Northwest
Boulevard intersection. Public Works Director replied this intersection does meet all the
warrants and also will be a part of the City's bid package in May 2000.
Adjournment
Motion was made by Councilmember Bildsoe, seconded by Councilmember Slavik, to adjourn
the meeting at 10:35 p.m. With all members voting in favor, the motion carried.
andra R. Paulson, City Clerk