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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 Adopted City Council Minutes 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). Adopted City Council Minutes 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). Adopted City Council Minutes 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) Adopted City Council Minutes 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: Adopted City Council Minutes 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. Adopted City Council Minutes 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 Adopted City Council Minutes 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. Adopted City Council Minutes 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 Adopted City Council Minutes 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