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HomeMy WebLinkAboutCity Council Minutes 01-21-1998APPROVED MINUTES REGULAR COUNCIL MEETING JANUARY 21, 1998 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 21, 1998. COUNCIL PRESENT: Mayor Tierney; Councilmembers Wold, Johnson, Preus, Spigner, Black and Bildsoe. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant 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. Item 3 Plymouth Forum Tom Jes, 5055 Evergreen Lane North, said that the City Council's discussion on a Charter Commission issue at the January 7 meeting digressed into personal issues. He stated that the vote regarding Mayor Tierney and the Pro - Plymouth Pledge should be rescinded because several members mentioned that they had also violated the Pledge in the past, and he believes they should not have voted on the issue. He suggested that the Council hold a study session to discuss effective meetings and apologize for the discussion at the January 7 meeting. Mayor Tierney said that the citizens are owed an apology and she hopes a similar incident does not recur. She suggested that a facilitator be retained to assist the Council in a study session. Councilmember Spigner asked if the Council should respond to Forum comments. Mayor Tierney ruled that it is appropriate and that the Council can forward a directive with regard to Forum issues. Councilmember Preus suggested that the Council move to the next agenda item. Item 4-A On -Line Access to City's Legal Newspaper Councilmember Johnson announced that the Sun Sailor is now available on the internet. Approved City Council Minutes January 21, 1998 Page 2 Councilmember Spigner announced that she would need to leave the meeting at 8:30 p.m. Item 4-11 Lester Contest Public Safety Director Gerdes announced that the smoke detector campaign was concluded when "Lester" was found last week. A presentation will be made to the finder at a February Council meeting. Item 5 Approve Agenda Mayor Tierney requested addition to the agenda of announcement of the 1998 Transportation Legislative Reception. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to approve the agenda with the addition. Motion carried, seven ayes. Item 6 Consent Agenda Items 6-E, 6-U, and 6-W were removed from the Consent Agenda. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to approve the consent agenda as amended. Motion carried, seven ayes. Item 6-A Approve Proposed Minutes Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to approve proposed minutes of the Special Council meeting of January 7, 1998. Motion carried, seven ayes. Item 6-B 1998 Contribution to Family Hope Services Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-37 APPROVING 1998 CONTRIBUTION OF $3,000 TO FAMILY HOPE SERVICES. Motion carried, seven ayes. Item 6-C Renew Intoxicating Liquor and Wine Licenses Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-38 APPROVAL OF ON -SALE AND SUNDAY INTOXICATING LIQUOR AND WINE LICENSES. Motion carried, seven ayes. Approved City Council Minutes January 21, 1998 Page 3 Item 6-D Dues Payment to the Association of Metropolitan Municipalities (AMM) Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-39 APPROVING 1998 MEMBERSHIP DUES IN THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES. Motion carried, seven ayes. Item 6-F Reduction in Required Financial Guarantees Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-40 REDUCING REQUIRED FINANCIAL GUARANTEE, HICKORY HILLS ADDITION (94091). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-41 REDUCING REQUIRED FINANCIAL GUARANTEE, BASS LAKE ESTATES 3PDADDITION 95065). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-42 REDUCING REQUIRED FINANCIAL GUARANTEE, NORTH COUNTRY ESTATES (97023). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-43 REDUCING REQUIRED FINANCIAL GUARANTEE, PLUM TREE 3'D ADDITION (97034). Motion carried, seven ayes. Item 6-G Equipment Purchase for New Single Azle Dump Truck Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-44 APPROVAL OF PURCHASE OF ONE DUMP BOX, AND SNOW AND ICE EQUIPMENT FOR THE NEW REPLACEMENT SINGLE AXLE DUMP TRUCK. Motion carried, seven ayes. Item 6-H Site Plan Amendment in French Regional Park (97175) Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-45 APPROVING A SITE PLAN AMENDMENT FOR SUBURBAN HENNEPIN REGIONAL PARK DISTRICT FOR PROPERTY LOCATED IN FRENCH REGIONAL. PARK AT 12615 ROCKFORD ROAD (97175). Motion carried, seven ayes. Approved City Council Minutes January 21, 1998 Page 4 Item 6-I Zoning Ordinance Amendments Regarding Radio Receivers and Transmitters (97176) Motion was made by Councilmember Preus, seconded by 'Councilmember Bildsoe, to adopt ORDINANCE 98-4 AMENDING THE PLYMOUTH CITY CODE, BY AMENDING CHAPTER 21 (DEFINITIONS, ESSENTIAL SERVICES, AND PUBLIC PROPERTY/RIGHTS-OF- WAY) (97176). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-46 APPROVING FINDINGS OF FACT FOR AMENDING SECTION 21005, 21160, AND 21180 OF THE PLYMOUTH CITY CODE (DEFINITIONS, ESSENTIAL SERVICES, AND PUBLIC PROPERTY/RIGHTS-OF-WAY) (97176). Motion carried, seven ayes. Item 6-J Matthew Mcleod and Leslie Mcleod Jackson (97174) Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-47 APPROVING VARIANCE REQUEST FOR MATTHEW MCLEOD AND LESLIE MCLEOD JACKSON FOR PROPERTY LOCATED AT 5267 XIMINES LANE NORTH (97174). Motion carried, seven ayes. Item 6-K Membership in Minnesota Environmental Trust Fund Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to approve membership renewal in the Minnesota Environmental Trust Fund Coalition. Motion carried, seven ayes. Item 6-L Change Order to SFG Contract Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-48 APPROVING CHANGE ORDER, SFG TECHNOLOGIES. Motion carried, seven ayes. Item 6-M 1997 Weed Eradication and Destruction, Roll 2 Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-49 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 1997 WEED ERADICATION AND DESTRUCTION, ROLL 2. Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-50 FOR PUBLIC HEARING ON PROPOSED ASSESSMENT, 1997 WEED ERADICATION AND DESTRUCTION, ROLL 2. Motion carried, seven ayes. Approved City Council Minutes January 21, 1998 Page 5 Item 6-N 1997 Removal and Destruction of Diseased Trees, Roll 2 Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-51 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 1997 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL 2. Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-52 FOR PUBLIC HEARING ON PROPOSED ASSESSMENT, 1997 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL 2. Motion carried, seven ayes. Item 6-0 Zachary Lane Reconstruction, City Project 5030 Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-53 CALLING FOR HEARING ON IMPROVEMENTS, ZACHARY LANE — 36TH AVENUE TO COUNTY ROAD 10 (BASS LAKE ROAD), CITY PROJECT NO. 5030. Motion carried, seven ayes. Item 6-P Tobacco License Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-54 APPROVING 1998 TOBACCO LICENSE FOR APPLEBEE'S NEIGHBORHOOD GRILL AND BAR. Motion carried, seven ayes. Item 6-Q Change in Corporate Name for SuperAmerica #4341 Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-55 APPROVING CORPORATE NAME CHANGE FOR OFF -SALE 3.2 MALT LIQUOR LICENSE HELD BY SUPERAMERICA GROUP, A DIVISION OF ASHLAND, INC. Motion carried, seven ayes. Item 6-R 1998 Pay Equity Implementation Report Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-56 APPROVING THE 1998 PAY EQUITY IMPLEMENTATION REPORT. Motion carried, seven ayes. Approved City Council Minutes January 21, 1998 Page 6 Item 6-S Labor Contract Settlement with AFSCME Council 14, Local 3839 Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-57 APPROVING 1998-1999 LABOR AGREEMENT WITH AFSCME COUNCIL 14, LOCAL 3839 REPRESENTING THE PLYMOUTH CLERICAL, TECHNICAL AND PROFESSIONAL EMPLOYEES. Motion carried, seven ayes. Item 6-T Authorizing Property Conveyance to the Adjoining Property Owner Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-58 DECLARING PROPERTY SURPLUS AND AUTHORIZING CONVEYANCE TO THE ADJOINING PROPERTY OWNER. Motion carried, seven ayes. Item 6-V Change Order and Final Payment — Ice Center Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-59 APPROVING CHANGE ORDER NO.2 AND FINAL PAYMENT TO ANDERSON MECHANICAL. Motion carried, seven ayes. Item 6-X 1998 Park Facility Rental Policies and Fee Schedules Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-60 APPROVING 1998 PARK FACILITY RENTAL POLICIES AND FEE SCHEDULES. Motion carried, seven ayes. Item 7-A Liquor License for Apple American Limited Partnership of Minnesota City Clerk Ahrens presented the application of Apple American Limited Partnership of Minnesota d/b/a Applebee's Neighborhood Grill and Bar, for an on -sale intoxicating liquor license at 3500 Vicksburg Lane. Mayor Tierney opened public hearing at 7:18 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Johnson, seconded by Councilmember Preus, to adopt RESOLUTION 98-61 APPROVING ON -SALE INTOXICATING AND SUNDAY LIQUOR LICENSES FOR APPLE AMERICAN LIMITED PARTNERSHIP OF MINNESOTA D/B/A APPLEBEE'S NEIGHBORHOOD GRILL AND BAR Motion carried, seven ayes. Item 8-A Conditional Use Permit Amendment for Moen Leuer (97170) Community Development Director Hurlburt presented the request of Moen Leuer Construction for a conditional use permit amendment to allow up to 40 Approved City Council Minutes January 21, 1998 Page 7 percent of the total building area for assembly, manufacturing and warehousing as accessoryuses in the B -C (Business Campus) Zoning District for an office/showroom building to be located north of Highway 55, south of 36`'' Avenue, and east of Rockford Road. The project consists of two proposed flexible office/showroom/laboratory buildings of 82,000 and 56,000 square feet. She explained that last year the Limited Business designation of the site was changed to Commercial -Office. In June, the Council rezoned the site from FRD (Future Restricted District) to B -C (Business Campus). The previous conditional use permit allowed up to 25 percent of the buildings to be used for accessory uses. The accessory use maximum was subsequently changed from 25 percent to 40 percent in the Zoning Ordinance, as well as amended language to change "indoor storage of products or materials" to warehousing of merchandise or commodities." Shortly after the Zoning Ordinance was amended, the applicant applied for amendment of the conditional use permit for this project. Director Hurlburt stated that the Council should consider whether the request for increased percentage of accessory uses meets the conditional use permit criteria. The City must show that the standards are not met in order to deny the request. She said the site plan (building design, landscaping, access, etc.) is not an issue for discussion tonight since it was previously approved. The Planning Commission recommended approval of the request, citing the Zoning Ordinance amendments. The Commission further recommended that the accessory uses be limited to 40 percent of each tenant space, rather than the entire project area. The Planning Commission heard the testimony of a potential tenant -- Motivaction. Director Hurlburt said that issues discussed at the public hearing included site access, ownership of the outlot, enforcement, sidewalk/trail, parking on 36th Avenue, visual impacts, and the public hearing notice. Since the Planning Commission hearing, issues of traffic safety at 36t' Avenue and Vicksburg Lane, traffic at 366 Avenue and Rockford Road, landscaping on the homeowner association outlot, emergency vehicle access, and traffic have been discussed. Stop signs were recently installed at 36`b Avenue and Vicksburg Lane, and traffic signals will be installed in that location in the future. The Public Safety Department has responded to resident concerns about emergency vehicle access. She said that the traffic study conducted last year assumed 33 percent accessory use. She said that office uses would likely generate more trips than the proposed accessory uses. The proportion of truck traffic will depend on the individual business operations. She said the traffic volume will be within the capacity of 36`h Avenue. Approved City Council Minutes January 21, 1998 Page 8 Director Hurlburt stated that the proposed conditional use permit prohibits outdoor storage, and the zoning ordinance performance standards apply to various potential nuisance situations. Staff recommends approval of the conditional use permit amendment, with a limitation of 40 percent accessory uses for each tenant rather than of the entire project. She suggested that a 25 percent limitation be established for "production by machine of products or parts of products predominantly from extracted or raw materials." The applicant has agreed with the proposed conditions. Councilmember Preus asked staff to explain the potential traffic impact. Community Development Director Hurlburt responded that it is difficult to determine whether there would be any traffic impact. In theory, the amount of traffic could decrease with less office use on the site. However, there could be an increase in truck traffic depending on the tenants. In response to questions by Councilmember Spigner, Director Hurlburt said that the two buildings are proposed to be constructed at the same time. She said that by limiting each tenant to 40 percent accessory use, it would ensure that secondary uses truly remain accessory to the principal use by each tenant. She explained that in making the recommendation on this application, the Planning Commission recognized the policy decision made by the City Council through adoption of the previous Zoning Ordinance amendment. Councilmember Spigner asked if there is assurance that the developer will adhere to the proposed conditions. Community Development Director Hurlburt responded that staff will be able to enforce the maximum percentage of accessory use by reviewing the detailed plans on each tenant's building permit request. If the percentage is applied to the entire building, rather than each tenant, the condition would be more difficult to monitor and enforce. Councilmember Preus asked if the entire smaller building could be used for assembly, if one tenant rented all of both buildings. Director Hurlburt responded that it is possible but highly unlikely. Councilmember Bildsoe asked about the status of traffic signal installation at County Road 9 and 36`h Avenue. Public Works Director Moore responded that the traffic study for the entire Sugar Hills development indicated that a traffic signal would be required in Approved City Council Minutes January 21, 1998 Page 9 the future at 36`h Avenue and County Road 9. The signal will be required, regardless of this project. Signals will be installed by early summer. Councilmember Spigner asked how many dock doors are indicated on the site plan. She also asked for clarification of the staff recommendation. Community Development Director Hurlburt said that there is parking proposed around the outside of the site, with the exterior of the buildings being pedestrian -oriented. She said that there is no established number of dock doors because the use is flexible and the tenants are unknown. Dock doors would be installed in the interior building area. Staff recommends approval of the 40 percent limitation with the conditions noted in the proposed resolution. Without the conditions, staff would have recommended against the request. Councilmember Johnson said that a proposed tenant, Motivaction, cannot occupy this building under the current 25 percent accessory use limitation. Director Hurlburt explained that Motivaction requires expansion space, and 40 percent of their floor area would be unfinished space for future expansion needs. Councilmember Johnson stated that she would prefer to limit the manufacturing to 25 percent per tenant, rather than of the overall project. Councilmember Preus asked the applicant if he would be amenable to the proposed changes. The applicant responded that he would not have a problem with the proposed change. Councilmember Preus noted that a public hearing has previously been held on this request, and he requested that the Mayor ask speakers to limit their comments to new information. Donald Butler, 3640 Black Oaks Lane, stated that this issue has not been resolved due to a lack of communication by all parties. He said that primary concerns are the potential manufacturing uses and the single access point. The neighborhood believes that if a manufacturing facility were established in this location, a difficult traffic situation would result from the single access. He recommended that the word "manufacturing" be deleted from the resolution, and he requested that the issue be resolved this evening as it has been ongoing for a year. Approved City Council Minutes January 21, 1998 Page 10 Jackie Brenner, 3665 Black Oaks Lane, said that there was a lack of communication on the part of the City. She had inquired about the status of the adjacent property before moving to her home in 1996. She was informed that the adjacent property was residential -showroom. She said that at a meeting a year ago, she learned that staff had worked on this project with the developer during the previous six months. This information was not shared with her when she inquired about the property, and she may have decided against purchasing in this location. Jill Wolpert, 3625 Zanzibar Lane, said that not enough thought was given to potential uses and resulting impacts when the decision was made to zone this site as Business -Campus in a residential area. She asked the Council to consider whether they would have made the decision to zone the property Business -Campus, realizing that 40 percent of the site could be accessory use including some manufacturing. She said that the resolution recommended by staff is an improvement over the Planning Commission recommendation; however, residents have not had time to consider it. She said there will be consequences if only one building is constructed as residents will have to view the rear of Building 1 and loading docks. Elizabeth Wirig, 3635 Zanzibar Lane, said that her main concern is lack of communication from the City which leads to a lack of respect. She visited City Hall twice before purchasing her townhome and was informed that the adjacent property was zoned Office -Residential. She said that she was also informed of the possibility of a change, but that no change was pending. Ms. Wirig believes that residents were not provided all information. If she had received the information, she would not have purchased her home. She believes it will impact her property values. She said that there will be no landscaping from the front of her home to the buildings. There was only one meeting with the developer informing the residents what was proposed and no communication from the City. She hopes that a similar situation will be prevented in other areas of the City. Ms. Wirig objected to the project and stated that if only one building is constructed facing Highway 55, residents will view the loading dock/parking area. Brad Moen, 3600 Holly Lane, said that they plan to simultaneously construct both buildings. He showed the area proposed for lease to Motivation and noted that the tenant will have no dock doors. Two other potential tenants also proposed no dock doors. He said that tenants need flexibility for future expansion. There will be landscaping around the buildings, and he is willing to meet with the neighbors to discuss additional landscaping. He believes that this proposal is the best building and best use for this site. Approved City Council Minutes January 21, 1998 Page 11 Councilmember Bildsoe asked if the developer would be willing to meet with area residents prior to building of the project to discuss additional landscaping. Mr. Moen stated that he will do so at any time. He said that a berm was originally planned between this parcel and the adjacent residential properties. However, the berm would not be on the subject parcel and, therefore, was not included in the approved plan. He is willing to install screening and berming as previously proposed. Councilmember Johnson asked Mr. Moen to also consider providing trees for residents' yards for additional screening. Marlin Sjaarda, 11720 38`h Avenue North, represented Motivaction. He said the company is excited about moving the business to West Glen Development. He said that the proposed building would offer flexibility. Motivaction is 100 percent office use; however, space is needed for future expansion. The open space would be used for storage of paper and other supplies, and there would be no manufacturing use. Mayor Tierney asked about the hours of operation. Mr. Sjaarda said the office hours of operation are 8:15 a.m. to 4:45 p.m., Monday through Friday. He supports the 25 percent limitation on manufacturing use because it would restrict other tenants in the building. He would not want a heavy manufacturing use across the wall from the office use. Councilmember Spigner left the meeting at 8:25 p.m. Mayor Tierney asked staff to respond to resident comments. Community Development Director Hurlburt said that several residents indicated that they inquired to staff about the abutting site and were informed it was residential use. She said the site has never been zoned for residential use. The Office -Residential zoning classification did not exist in 1996. The site was zoned Business Campus last summer. She said that the initial development application was submitted to the City a couple of months prior to the first public hearing. It is possible that certain staff members were unaware that informal discussions were occurring with a developer. She said that Moen Leuer held a meeting with area residents before submitted the formal application. The City has recently implemented a process of immediately notifying neighbors when an application is received for a major land use Approved City Council Minutes January 21, 1998 Page 12 change, in addition to the public hearing notice. Director Hurlburt said there is a condition in the site plan approval requiring Moen Leuer to construct the berm and landscaping on the homeowner association property, if the homeowners agree. Councilmember Johnson explained that the City has changed its notification process in order to give residents earlier notice of major land use changes. Mayor Tierney noted that the residences are at an elevation higher than the subject property. Director Hurlburt verified that the proposed buildings are lower elevations than the homes which should minimize the impact of the buildings. She said there is no requirement that buildings be screened from view; however, parking and loading areas must meet the ordinance screening requirements. Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 98-62 APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR MOEN LEUER CONSTRUCTION FOR PROPERTY LOCATED SOUTH OF 36TH AVENUE, NORTH OF HIGHWAY 55 AND EAST OF ROCKFORD ROAD (97170), as distributed at the meeting. Motion to amend was made by Councilmember Preus, seconded by Councilmember Johnson, to change Condition 3 to provide that no more than 25 percent of the gross building floor area and no more than 25 percent of each tenant space shall be used for accessory manufacturing activities. Motion to amend carried, six ayes. Motion to amend was made by Councilmember Johnson, seconded by Councilmember Black, to change Condition 2 to provide that no more than 40 percent of the gross floor area of each building and no more than 40 percent of each tenant space shall be used for accessory uses provided for by the conditional use permit. Motion carried, six ayes. Councilmember Johnson said that she could not have supported up to 40 percent accessory use without restrictions. She believes there is a transition issue because residential property abuts the site. She said that this appears to be a quality building which would be good for the site. The developer has stated that flexibility is needed for accessory uses in order to make the project economically feasible. No evidence of this has been provided, but the burden of proof is not on the developer. In the future, trails and traffic signals in the area will be addressed. Approved City Council Minutes January 21, 1998 Page 13 Main motion as amended carried, six ayes. Item 8-11 (6-W) Authorize Negotiation for Aggressive Skate Park Equipment Councilmember Wold announced that the aggressive skate park committee met last week. He asked Park Director Blank to present the recommendation and proposal. Park Director Blank said that the aggressive skate park community focus group was formed in 1997 to consider the issue of skateboarding and related issues. While conducting research on the development of skate parks, he learned that Roller Blade Corporation wanted to dispose of skate park equipment. He requested Council authorization to negotiate for acquisition of the equipment. He explained that if an additional parking area is created for the recreation complex near the ice center, the parking area could be converted for use in the summer as an outdoor skate park and could provide additional parking for the ice center in the winter months. The ice center would act as the hub of the skate park facility by providing concessions, restrooms, telephones, emergency services, and adult supervision. This concept will be presented to the focus group. Councilmember Preus noted that the Council recently approved development plans for a privately -owned and operated skate park. He asked that staff report at a future meeting on whether the private skate park and the proposed public skate park will satisfy the public demand. Motion was made by Councilmember Black, seconded by Councilmember Wold, to adopt RESOLUTION 98-63 AUTHORIZING NEGOTIATION FOR PURCHASE OF USED SKATE PARK EQUIPMENT. Motion carried, six ayes. Item 8-C (6-U) Additional Parking for Plymouth Recreation Center Councilmember Preus stated that there have been concerns about the need for additional parking at the Life Time Fitness/ice center complex. Park Director Blank showed two locations that could accommodate additional parking. The first site is proposed for use as a skate park for a portion of the year, and the second site is located between the outdoor swimming pool and existing parking area. He said that these sites would add about 110 parking spaces. He is also working with the planning and engineering departments to consider on -street parking in the City Center area. The City's current agreement with Life Time would call for Life Time to pay for the entire cost of curb and gutter and the asphalt for the parking lot expansion. The City Approved City Council Minutes January 21, 1998 Page 14 would be responsible for the subgrade preparation, gravel base, and the design and engineering costs. No trees of significant size would be lost. Mayor Tierney requested that a two-level parking area be considered on the site near the swimming pool. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-64 APPROVING FEASIBILITY REPORT FOR PARKING LOT EXPANSION AT THE PLYMOUTH RECREATION CENTER. Motion carried, six ayes. Item 8-D (6-E) Human Rights Commission Annual Report and Work Plan Councilmember Johnson presented the Human Rights Commission Annual Report on behalf of Councilmember Spigner. She stated that one highlight of the past year was the appointment of student members to the Human Rights Commission. She asked Assistant Manager Lueckert to report on the Commission's activities. Assistant Manager Lueckert presented the 1997 annual report and accomplishments of the Human Rights Commission and the 1998 Work Plan. Motion was made by Councilmember Black, seconded by Councilmember Johnson, to adopt RESOLUTION 98-65 APPROVING THE 1997 ANNUAL REPORT AND 1998 WORK PLAN OF THE PLYMOUTH HUMAN RIGHTS COMMISSION. Motion carried, six ayes. Item 9-A Report on Tobacco and Liquor Law Enforcement Program Public Safety Director Gerdes presented the report on the proposed tobacco and liquor law enforcement program for 1998. Councilmember Bildsoe said that he had requested this report because he wants the public to know that the City is proactive in enforcing its ordinances. He said that the Council renewed liquor licenses earlier this evening and responsibility comes with that action. It is the City's responsibility to ensure that these businesses are responsible to Plymouth citizens. Councilmember Bildsoe directed that the Public Safety Director consider whether to further increase the random tobacco and liquor compliance checks conducted in the City potentially using 1997 budget surplus funds, and whether the license fees are sufficient. He also requested that this topic be discussed when the Council meets with the school districts. Approved City Council Minutes January 21, 1998 Page 15 Motion was made by Councilmember Bildsoe, seconded by Councilmember Preus, to accept the report. Motion carried, six ayes. Item 9-13 Report on Hennepin County Trails System Improvements Park Director Blank reported that the regional trail from French Park down the east side of Medicine Lake is under construction and will be completed by this summer. The Luce Line trail from West Medicine Lake Drive to I-494 will be built during the summer of 1998, as well as the segment of trail from East Medicine Lake Beach to Theodore Wirth Park. He explained that the trail segment between West Medicine Lake Drive and East Medicine Lake Beach does not currently have available funding. Because of the large amount of wetlands, this will be the most expensive segment of trail to construction along the Luce Line, estimated to cost $1.1 million. Hennepin Parks is going to the legislature to seek special bonding approval for regional trail connections. The funding for this trail segment is included in that bonding request. With the construction of this missing link, the trail would be completed around Medicine Lake. Councilmember Black asked which portions of the trail have been constructed. Park Director Blank responded that none of the trail from French Park to Maple Grove has yet been built, but about half of the right-of-way has been acquired. Councilmember Black requested that she be notified of meetings regarding this issue. Park Director Blank described the resurfacing proposed for the Luce Line trail. An advisory committee may be established to advise on future upgrades and increased enforcement efforts on the trail. Councilmember Preus said that the Luce Line trail is an aglime surface and maintenance has not been good. He asked if widening of the trail is being considered. Park Director Blank explained that aglime surfacing tends to allow grass to overgrow the trail. The proposal is to restore the trail to its original width and institute an aggressive maintenance program. He added that aglime is acceptable as a handicapped surface. Ray Jorgensen, 16010 5" Avenue North, said that the Luce Line trail is 20 years old and has never been resurfaced. The DNR recently indicated that a Approved City Council Minutes January 21, 1998 Page 16 aglime trail should be resurfaced at least every three to five years. He said there is a parallel horse trail that was upgraded in 1996. He often rides on the Luce Line trail and said it is terrible condition. He believes that Plymouth, being the largest community on the trail, should take a position with regard to the resurfacing, and suggested that the trail should be blacktopped in order to be used by in-line skaters, people in wheelchairs, and by all types of bikers. Mr. Jorgensen added that the final resurfacing plans will be completed by early February. Mayor Tierney reported that she had attended the DNR meeting on the Luce Line trail, and the majority of people in attendance were not in favor of blacktopping the trail. Park Director Blank explained that this is a state-owned and operated trail, and the City is in a position to only make a recommendation to the State. Councilmember Wold said that the Council does not have sufficient information with which to make an official recommendation to the State. He suggested that individuals contact the DNR with their comments. Mayor Tierney agreed that the Council should not take official action this evening. She believes the issue would need review by the Park and Recreation Advisory Commission in order to provide a City recommendation to the State. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to accept the report. Motion carried, six ayes. Item 9-C Update on Review of Animal Ordinance Public Safety Director Gerdes described the survey process that is underway to review the City's animal ordinance. A public information meeting will be held on February 19. The Public Safety Advisory Board will review the comments received and mailed survey information to formulate a recommendation on whether ordinance changes should be made. Councilmember Preus emphasized that the Public Safety Advisory Board has not yet formulated ideas about what ordinance changes should be made. The process to date has been strictly information gathering. He suggested that interested residents attend the meeting or return a survey so that their opinions are heard. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to accept the report. Motion carried, six ayes. Approved City Council Minutes January 21, 1998 Page 17 Item 9-D Transportation Reception Mayor Tierney announced the upcoming 1998 Transportation Reception. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adjourn the meeting at 9:40 p.m. Motion carried, seven ayes. L;%d2 4i Ci Clerk