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Plymouth Pledge should be rescinded because several members mentioned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.
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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
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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.
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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
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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