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HomeMy WebLinkAboutCity Council Minutes 02-04-1998ADOPTED MINUTES REGULAR COUNCIL MEETING FEBRUARY 4, 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 February 4, 1998. COUNCIL PRESENT: Mayor Tierney; Councilmembers Johnson, Preus, Spigner, Black, and Bildsoe. ABSENT: Councilmember Wold. 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 Mark Milberger, 11035 36ffi Place North, said he was approached by individuals this weekend requesting support of an off-street walking path on 36`x' Avenue, east of Zachary Lane. He believes this has merit and should be considered. Councilmember Johnson said that this safety issue was discussed last fall. The City is coordinating the project with the schools, and individuals are collecting petitions to determine whether there is sufficient support from the affected residents. Mr. Milberger said that at the December 10 study session, he attempted to ask about the City policy related to work release and the proximity of these workers to public facilities. He asked about the next meeting on the street assessment policy. Mr. Milberger stated that Zachary Lane residents are pleased with the communication from the City to date on that reconstruction project. Public Safety Director Gerdes said that no complaints have been received by the police department regarding any inappropriate or illegal behavior by individuals working under work release programs in Plymouth. Public Works Director Moore said that a study session on the street reconstruction policy has not been scheduled. City Manager Johnson said that this item will be placed on an upcoming study session agenda. Adopted City Council Minutes February 4, 1998 Page 2 Item 4-A Fire and Ice Festival Park Director Blank invited residents to participate in the Fire and Ice Festival activities on Saturday, February 7. Item 4-B Touch Tone Registration for Recreation Classes Park Director Blank described the touch tone registration program which is now available for recreation classes. Item 5 Approve Agenda City Manager Johnson recommended that Item 6-F be removed from the agenda at the written request of the applicant. Councilmember Preus requested the addition of Item 9-B, discussion with City of Plymouth maintenance employees. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to approve the agenda with the changes noted. Motion carried, six ayes. Item 6 Consent Agenda Items 6-A, 6-C, and 6-S 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, six ayes. Item 6-B Approve Disbursements Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-66 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING JANUARY 23,1998. Motion carried, six ayes. Item 6-D 1998 Public Tree and Stump Removal Contract Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-67 APPROVING 1998 PUBLIC TREE AND STUMP REMOVAL CONTRACT. Motion carried, six ayes. Item 6-E Public Safety Advisory Board Membership Recommendation Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt membership recommendations of the Public Safety Advisory Board to amend the organization membership to include five citizen representatives and two staff members as voting members, with Council and staff liaisons. Motion carried, six ayes. Adopted City Council Minutes February 4, 1998 Page 3 Item 6-G United Properties, Plymouth Woods Office Center (97160-F) Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-68 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR UNITED PROPERTIES FOR PLYMOUTH WOODS OFFICE CENTER" LOCATED AT THE SOUTHEAST CORNER OF FERNBROOK LANE AND 34TH AVENUE 97160-F). Motion carried, six ayes. Item 6-H 1998 Street Reconstruction Project — Phase II Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-69 CALLING FOR HEARING ON IMPROVEMENTS, 1998 STREET RECONSTRUCTION PROJECT — PHASE II, CITY PROJECT NO. 8001. Motion carried, six ayes. Item 6-I Traffic Control System, City Project No. 7023 Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-70 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, VICKSBURG LANE AT 351H AND 36TH AVENUES NORTH, TRAFFIC CONTROL SYSTEMS, CITY PROJECT NO. 7023. Motion carried, six ayes. Item 6-J Condemnation Award, Schmidt Lake Road Improvement, Project 7005 Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-71 APPROVING COMMISSIONERS' AWARD, SCHMIDT LAKE ROAD IMPROVEMENTS EAST OF PEONY LANE, WIKMAN PROPERTY, CITY PROJECT NO. 7005. Motion carried, six ayes. Item 6-K 1997 Seal Coat Program Final Payment Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-72 REQUEST FOR PAYMENT NO. 2 AND FINAL, 1997 SEAL COAT PROGRAM. Motion carried, six ayes. Item 6-L 1998 Crack Repair Program Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-73 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, 1998 CRACK REPAIR. Motion carried, six ayes. Adopted City Council Minutes February 4, 1998 Page 4 Item 6-M Application for Conveyance of Tax Forfeited Land Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-74 IDENTIFYING CERTAIN NONCONSERVATION CLASSIFIED TAX FORFEITED LAND AND REQUESTING THE CONVEYANCE TO THE CITY OF PLYMOUTH FOR DRAINAGE AND UTILITY PURPOSES, PIN 29-118-22-31-0012. Motion carried, six ayes. Item 6-N Order Public Hearing for Easements Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-75 ORDERING PUBLIC HEARING ON THE VACATION OF A WALKWAY EASEMENT AND PUBLIC DRAINAGE AND PONDING EASEMENT, LOT 5, BLOCK 1, PLAYHOUSE INDUSTRIAL PARK 2ND ADDITION. Motion carried, six ayes. Item 6-0 Purchase of High Velocity Sewer Cleaner Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-76 APPROVAL OF ONE NEW CURRENT MODEL HIGH VELOCITY SEWER CLEANER. Motion carried, six ayes. Item 6-P Purchase of Vehicles Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-77 APPROVAL OF PURCHASE OF THREE SEDANS, THREE UTILITY VEHICLES, TWO PICKUP TRUCKS, FOUR SQUAD CARS, AND ONEIONE TON TRUCK CHASSIS. Motion carried, six ayes. Item 6-Q Reimbursement for Required Construction of Trunk Watermain Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-78 REIMBURSING DEVELOPER FOR REQUIRED 16" TRUNK WATERMAIN CONSTRUCTION, THE COURTS AT NANTERRE (96023). Motion carried, six ayes. Item 6-R Reduction in Required Financial Guarantees Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-79 REDUCING REQUIRED FINANCIAL GUARANTEE, INVERNESS ADDITION (94028). Motion carried, six ayes. Adopted City Council Minutes February 4, 1998 Page 5 Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-80 REDUCING REQUIRED FINANCIAL GUARANTEE, FORESTER PRESERVE PLAT II (94057). Motion carried, six ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-81 REDUCING REQUIRED FINANCIAL GUARANTEE, SAVANNAH 2ND ADDITION (95021). Motion carried, six ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-82 REDUCING REQUIRED FINANCIAL GUARANTEE, THE PONDS AT BASS CREEK 2ND ADDITION (95082). Motion carried, six ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-83 REDUCING REQUIRED FINANCIAL GUARANTEE, PARK WOODS TOWNHOMES ADDITION (95127). Motion carried, six ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-84 REDUCING REQUIRED FINANCIAL GUARANTEE, CONOR MEADOWS ADDITION (96113). Motion carried, six ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-85 REDUCING REQUIRED FINANCIAL GUARANTEE, PIKE LAKE WOODS ADDITION (97079). Motion carried, six ayes. Item 6-T Approval of Bids for Playgrounds Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-86 APPROVAL OF EAST MEDICINE LAKE AND VICKSBURG/SCHMIDT LAKE ROAD PLAY EQUIPMENT. Motion carried, six ayes. Item 6-U Elm Creek Playfield Change Order for S. R. Weidema, Inc. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-87 APPROVING CHANGE ORDER FOR THE ELM CREEK PLAYFIELD. Motion carried, six ayes. Adopted City Council Minutes February 4, 1998 Page 6 Item 6-V Membership in the Northwest Suburban Chamber of Commerce Motion was made by Councilmember Johnson, seconded by Councilmember Preus, to adopt RESOLUTION 98-88 APPROVING CITY OF PLYMOUTH MEMBERSHIP IN THE NORTHWEST SUBURBAN CHAMBER OF COMMERCE. Motion carried, six ayes. Item 7-A Vacation of Drainage and Utility Easements Public Works Director Moore presented the staff report on the proposed vacation of drainage and utility easements within Lot 2, Block 1, Carlson Center 14'' Addition. Mayor Tierney opened the public hearing. No one appeared, and the hearing was closed. Motion was made by Councilmember Preus, seconded by Councilmember Johnson, to adopt RESOLUTION 98-89 AUTHORIZING THE VACATION OF THE DRAINAGE AND UTILITY EASEMENTS WITHIN CARLSON CENTER SECOND ADDITION, CARLSON CENTER SIXTH ADDITION, AND CARLSON CENTER THIRTEENTH ADDITION. Motion carried, six ayes. Item 7-11 Public Improvement Hearing, Cavanaugh Area Street Reconstruction, Project 8001 Public Works Director Moore explained that the Cavanaugh Area Street Reconstruction Project was proposed as part of the 1997 Reconstruction Program and was deferred by the Council to this year. The streets in this area are 25 years old, and there is very poor drainage. Staff recommends that reconstruction is needed in order to extend the useful life of the streets an additional 20 years and to reduce maintenance costs. He explained that the area has not previously had curb and gutter, and it would be installed as part of the project. He showed a drawing of the proposed storm sewer system. Storm water drainage currently runs along side and rear lot lines. Director Moore said that the project is proposed to be assessed to the benefiting properties in accordance with the City's Street Reconstruction Program. The estimated cost for the improvements is $1,017 per single family unit, with an additional $8.50 per front foot for curb and gutter, and approximately $3,000 per lot for storm sewer where needed. Staff believes that this is the minimal design needed in order to ensure the streets will last for 20 years without excessive maintenance. This project was not petitioned for by the property owners; therefore, six affirmative votes are needed in order to proceed with the project. Adopted City Council Minutes February 4, 1998 Page 7 City Manager Johnson added that staff is recommending that the assessment hearing would be held prior to the bid award on the project. Councilmember Black asked about the estimated assessment per household. Director Moore responded that individual assessments would range from 2,000 to $4,000, with the majority at about $4,000. Most of the properties would require storm sewer and curb/gutter, in addition to street reconstruction. Councilmember Bildsoe asked what is proposed if the reconstruction is not approved. Public Works Director Moore said that the City would only fill the potholes, with no sealcoat or overlay work. Mayor Tierney opened the Public Improvement hearing. Gerry Zander, 3310 Lanewood Lane, spoke in support of the project. It is the residents' understanding that in order to determine the final assessment cost, the project needs to move ahead to the next step. He said that all affected residents agree that something needs to be done with the street. Mayor Tierney closed the public hearing. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-90 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS, 1998 STREET RECONSTRUCTION PROJECT - PHASE I, CITY PROJECT NO. 8001. Motion carried, six ayes. Item 8-a (6-S) Settlement of Labor Contract with AFSCME Council 14, Local 3445 Councilmember Spigner thanked the local union and City management staff for the time, energy, and effort spent on negotiating this contract. Motion was made by Councilmember Spigner, seconded by Councilmember Johnson, to adopt RESOLUTION 98-91 APPROVING THE LABOR AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND MAINTENANCE EMPLOYEES REPRESENTED BY AFSCME, COUNCIL 14 FOR THE CALENDAR YEARS 1998 AND 1999. Motion carried, five ayes; Bildsoe absent. Item 8-A Proposed Homestead Village Development (97051) Community Development Director Hurlburt described the sketch plan review application of Homestead Village for a 122 -unit extended stay hotel and Adopted City Council Minutes February 4, 1998 Page 8 request to vacate a roadway easement for property located south of Highway 55, west of Highway 169, and east of Nathan Lane. Over half of the 3.22 acre site is in the floodplain or wetlands. She said that junk and debris on the site has created a somewhat blighted condition. Director Hurlburt said that a three-story structure is proposed, with parking under the building. The applicant considered alternatives such as a four-story building on fill or pilings, parking structures, and purchasing additional abutting land to minimize impact to the wetlands. She said that a number of variances would be needed to accommodate this project, including front building setback, side building setback, parking setback, front drive setback, side drive setback, building height, and wetland buffer and setback. There is a high quality wetland in this site, and wetland mitigation would be required for the 7,740 square feet impacted. The applicant is proposing to provide the mitigation with the area commonly called "little peninsula" on Medicine Lake. The peninsula is currently undeveloped. The developer proposes to acquire the 11.6 acre peninsula, of which 8.2 acres is existing wetlands. The Planning Commission considered the floodplain impacts and the building height (47 feet vs. 35 feet maximum). She said that the Planning Commission was in general support of the project and the variances requested, as well as the proposal for off-site wetland mitigation. The developer has proposed to transfer ownership of the peninsula to the City following wetland mitigation. She said there is some citizen concern that the little peninsula property could be developed at some time; however, it is highly unlikely. She said that litigation has gone to the Supreme Court, and it was upheld that development cannot be required on the site. She said that City ownership of the site is not required for mitigation, and no recommendation is being made on that issue at this time. She recommended that if the project proceeds, the peninsula issue should be considered separately by the Park and Recreation Advisory Commission. She suggested that the Council provide informal comments on the sketch plan and the variances requested. The Council should also consider whether to conduct a public hearing to vacate the easement. Councilmember Bildsoe questioned whether the quality of the wetlands on the proposed development site should impact the Council's decision. Director Hurlburt advised that a lower quality wetland would require less mitigation. She noted that Bassett Creek runs along the eastern edge of the property along Highway 169. Councilmember Black asked where the runoff water from Highway 55 flows. Adopted City Council Minutes February 4, 1998 Page 9 Director Hurlburt said there is no treatment of the runoff from Highway 55 at this location. The NURP pond for this project would be southerly of the structure. Councilmember Johnson asked if the developer's attempts to purchase the adjacent property have been exhausted. Paul Crabtree, Irvine, California, said he is a civil engineer representing Homestead Village. He explained that Homestead Village markets to corporate clients, and Homestead Village hotels opened in Eagan and Eden Prairie last month. He said that a Zoning Ordinance text amendment was recently adopted to allow this type of hotel in the O -R Zoning District, and they have redesigned over 20 site plans to get to this sketch plan for the site. The project is still proceeding, despite significant wetlands on the property, because there is demand for this type of hotel and there are no other available sites in the immediate area. Mr. Crabtree identified the wetlands that would be impacted on the site and showed the mitigation plan for the little peninsula. He said that several studies have indicated there is a possible archeological site on little peninsula. He said that over 53,000 square feet of mitigation would be provided. Benefits of the project to the community include a net increase in property taxes, a new hotel to serve corporations in the City, more customers drawn to local businesses, and a net increase in wetlands of over 33,000 square feet. He said that the developer has worked with staff, a number of consultants, and the neighborhood groups to develop a good project. Councilmember Black said she is concerned about the lack of wetland buffers. She asked if the building must have 122 units for economic reasons and whether a reduced size could result in some buffer being provided. Mr. Crabtree said that only 55 units could be built on the site if the buffers were retained. He said that 122 units is the lowest number of units for an economically feasible project. In response to a question by Mayor Tierney, Director Hurlburt said there is sufficient area on the little peninsula to mitigate the original plan for this site. Under the wetlands law, the first obligation with development is to avoid wetlands and then to justify the minimal amount of fill. Mr. Crabtree said that they would be purchasing a total of 14.9 acres, and 7,700 square feet of impacted wetlands is 1.2 percent of that total. Adopted City Council Minutes February 4, 1998 Page 10 Councilmember Black said she does not view this project with promise because it takes too much of the wetland area on the site. She likes the hotel concept and wishes it would fit on the site. She added that the Bassett Creek Watershed is one of the most abused in the entire metropolitan area, and this project would further injure it. She is not inclined to support the proposed project -- even with the attractive offer of the little peninsula becoming City property and open space. Councilmember Johnson agreed with Councilmember Black. She said there are many positive aspects of the project, but there is not enough dry land on the site and the variances would be excessive. Councilmember Preus asked if the runoff water from Highways 55 and 169 flow directly into Bassett Creek at this location. Director Moore responded that some of the Highway 55 runoff water may go into the wetland first. The Highway 169 runoff water crosses a wide highway ditch before entering the creek. Councilmember Preus said that the additional volume of runoff water from this development would be minimal compared to the existing runoff from the highways. He believes the proposed project would have little impact on water quality. John Felcyn, 1304 North Medicine Lake Drive #322, said he is the Association President at the Sunrise Bay Condos. He said the developer has kept them informed with the project status. Bruce Larson, 263'/2 Peninsula Road, represented the Association of Medicine Lake Area Citizens (AMLAC). He said that AMLAC has been concerned about development of the little peninsula for the past 20 years and supports the Homestead Village development proposal. He said the City has been interested in acquiring the little peninsula property for a number of years, and the wetlands on the little peninsula are of a higher quality than the wetlands to be impacted on the project site. He does not believe that the variances would be objectionable due to the site constraints. He suggested that the City of Medicine Lake may be interested in owning the little peninsula, if the City of Plymouth is not interested. Bridgett Jodell, 10100 South Shore Drive, supported the project for the benefit to the little peninsula. She would like the little peninsula to be protected because Medicine Lake is a heavily used recreational area. She explained that the little peninsula ranked seventh in the City's open space study and, if acquired, it could be incorporated with the West Park with canoe access. She Adopted City Council Minutes February 4, 1998 Page 11 believes that acquisition of the little peninsula would be beneficial to serve as a buffer for lake water quality in Medicine Lake. Councilmember Johnson asked why the little peninsula has not been acquired by the City and whether development could occur on the site. Community Development Director Hurlburt stated that one of the factors considered when establishing the open site priorities were sites in eminent danger of development. This site did not carry a high value in that respect. She believes that the wetland and flood plain regulations would likely prevent any development on the site. There is no available access to the site without major fill. She noted that when the City approved development on the little peninsula a number of years ago, the DNR stopped the development through court action. Councilmember Black asked if the watershed district management organization has reviewed the plan. Public Works Director Moore said that the Bassett Creek Watershed organization has primary jurisdiction over flood storage, while the City has jurisdiction over the wetlands. If the project moved forward, the Watershed District would also consider the project. Director Hurlburt added that if the proposed NURP pond meets the Zoning Ordinance standards, then it would meet the Watershed requirements. Erika Urban, 1541 West Medicine Lake Drive, spoke in favor of saving the little peninsula because it is unique. Councilmember Spigner asked whether the little peninsula would increase the buffer for Medicine Lake, as referenced by one speaker. Director Hurlburt said that the upland area in the south portion of the peninsula would be restored as wetlands, and the wetlands in other portions of the peninsula would be expanded. She said that one of the functions of wetlands is to filter nutrients as water flows across prior to it flowing into the lake. She said it would be difficult to show any significant improvement on lake water quality with regard to the little peninsula. She does not believe that the little peninsula could be developed in the near future, unless there was a radical change in DNR and City policies. There is value for the site to serve as an area for wetland mitigation for other projects. Councilmember Bildsoe supported the development concept; however, he would like to see the subject parcel and the adjacent parcel develop Adopted City Council Minutes February 4, 1998 Page 12 simultaneously. He noted that many developers have indicated a need for an off-site mitigation area. Director Hurlburt said that Mr. Crabtree has had an option on the little peninsula property for the past year. Councilmember Bildsoe said that he is concerned about Medicine Lake water quality, but wants to separate the issues of this development proposal and Medicine Lake. He believes that the development proposal would harm the wetlands on the subject site, and he would not support vacation of the roadway easement. He does not support the proposed development on the site. Councilmember Preus said he had assumed that the vacation of the roadway easement would only occur if the project proceeded. Councilmember Bildsoe explained that he would not support the preliminary plan or the easement vacation. He would not support any of the seven variances which would be needed for the project. Councilmember Johnson asked if the developer has done everything possible to acquire the adjacent property. Mr. Crabtree said the developer has made an open offer on the adjacent property. Councilmember Spigner noted that the adjacent property owner is present and could speak if desired. She believes that property owner has every right to retain ownership of the property, and the City should not pressure them to do otherwise. Councilmember Johnson asked if the City will take action with regard to the debris on the subject parcel. Community Development Director Hurlburt explained that staff became aware of the condition of the property when the development application was submitted. The City has tools under the nuisance laws to require the owner to clean up the property. Jim Touve, 17216 Peterborg Road, Eden Prairie, said he has owned the subject parcel since 1963. He purchased it for future retirement. He said that in 1989, new wetland legislation drastically changed the development potential of the site. He believes that Homestead Village has proposed a good project taking into account the characteristics of the site. He said that there are allowable activities someone could do on the little peninsula, such as aqua farming or Adopted City Council Minutes February 4, 1998 Page 13 growing wild rice. Mr. Touve said that the adjacent property owner cannot sell the parcel. Councilmember Preus suggested that the Council should consider this application and avoid discussion of whether adjacent parcels could be acquired. Councilmember Johnson said that while acquisition of the little peninsula is enticing, the hotel site must support itself with regard to wetland impacts. Mayor Tierney supported doing something significant on this parcel which is a gateway to the community. She asked if the Council is likely to receive additional information on the wetland impacts if the project moves forward. Director Hurlburt said that there will not be new information, except perhaps more information on traffic impacts. The developer has done everything required for formal plan consideration. The next step would be the full site plan and variance considerations. Staff is concerned about how to justify so much of a variance when there are many other sites with similar problems. The City has not previously approved variances to this extent. She said that unless the Council sets the hearing on the vacation request, the site plan consideration is in doubt. The applicant would be applying for a site plan on land they do not own, with a public roadway on it. The Council has a great deal of discretion on whether to schedule the hearing on the vacation. Mr. Crabtree thanked the Council for reviewing this concept plan. He said that no variances were needed under their original plan. The need for variances results from trying to minimize the impact on the wetlands. He said that in most states, they could have submitted the original plan, mitigated wetlands on a 2:1 ratio, and proceeded with the project. He said the wetland avoidance factor is subjective and asked the Council to consider whether the avoidance and mitigation is sufficient for a worthwhile project. Councilmember Johnson requested that staff provide more information on the little peninsula parcel and options for protection. Director Hurlburt said that if the little peninsula property goes back on the market, the City could contact the property owner. Councilmember Black said that the last attempted development of the little peninsula occurred in 1978. Since that time, significant changes in state and local law have occurred which would make development more difficult on the site. She suggested that the site be referred to the Open Space Committee for discussion. Adopted City Council Minutes February 4, 1998 Page 14 Mayor Tierney asked if there is a motion to set a public hearing to consider vacation of the right-of-way easement. No motion was made. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to refer the topic of the peninsula property to the Open Space Committee for consideration. Motion carried, six ayes. Mayor Tierney called a five-minute break. Item 8-13 EAW for Hennepin County Public Safety Communication Tower (97086) Community Development Director Hurlburt presented the proposed resolution declaring a finding of "no need" for an Environmental Impact Statement (EIS) based on the review of the Environmental Assessment Worksheet. The Hennepin County Sheriff's office proposes to erect a 350 -foot high public safety communication tower on the grounds of the Adult Correctional Facility. The City has notified property owners within 1,320 feet of the site, as well as additional properties on the east side of Parkers Lake. The Planning Commission held a public meeting on the topic and recommended there is "no need" for an EIS. The project is needed for public radio services in Hennepin County and 36 cities. A 350 -foot public safety communication tower is proposed to replace the existing 320 -foot tower. The tower may also carry communication devices such as microwave dishes, cellular, etc. She said the new tower would be located in the center portion of the Adult Correctional Facility site. The tower would be 36 -feet wide at its base, compared to the existing 15 -foot base. It would have a galvanized finish with a dual lighting system for visibility. The dual lighting is designed to minimize the visual impacts of the tower on adjacent properties, and is allowed by the FAA in lieu of painting the tower in alternating bands of orange and white. Assuming the environmental process is completed, the next step would be to consider a Zoning Ordinance text amendment and a conditional use permit which will include a further review of the proposed lighting. Mike Hogan, 9300 Napier Street, Golden Valley, explained that the tower would be 330 -feet, with antennas extending to a 350 foot clearance. He said that this site has served as an integral part of the county communications system for many years. The proposed radio system would provide metro area communication. He explained that the white lights would not be on at night. This was a concern expressed at the Planning Commission meeting. Roger Laurence said he was available for questions. Adopted City Council Minutes February 4, 1998 Page 15 Motion was made by Councilmember Preus, seconded by Councilmember Johnson, to adopt RESOLUTION 98-92 DECLARING FINDING OF "NO NEED" FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) BASED UPON THE REVIEW OF THE ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) DATED DECEMBER 19,1997 FOR THE PROJECT PROPOSED BY HENNEPIN COUNTY SHERIFF'S DEPARTMENT FOR "PARKERS LAKE PUBLIC SAFETY COMMUNICATION TOWER" (97086). Motion carried, six ayes. Item 8-C (6-C) Set Topics for Special Council Meeting Mayor Tierney asked if amendments will be proposed to the City Council goals and objectives, and whether additional issues should be added to the agenda. Assistant Manager Lueckert explained that at the upcoming study session, staff will provide an update on the Council goals and work plan. Staff did not envision a process for setting additional goals and priorities; however, modifications can be made if Councilmembers submit their suggestions to staff this week. City Manager Johnson suggested that the three issues suggested for the agenda will likely fill the time available. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to establish a special city council meeting on February 11, 1998 at 7:00 p.m., with the following topics on the agenda: financial funds analysis, water quality plan, and 1997-1998 council goals and priorities update. Motion carried, six ayes. Item 8-D (6-A) Approve Minutes Councilmember Johnson said that she wished to explain her vote on Page 23 of the January 7 proposed City Council minutes. She said that she was uncomfortable having the motion before the Council and, therefore, was silent during the vote. After the meeting she learned from the City Clerk that the City Council's Policy Relating to Meeting Rules and Procedure provides that unless a member of the Council states that s/he is not voting, silence shall be recorded as an affirmative vote. She clarified that it was not her intent to support the motion. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to approve the minutes of the January 26 Special Council Meeting Adopted City Council Minutes February 4, 1998 Page 16 and the January 7 Regular Council Meeting with the correction distributed at the meeting. Councilmember Spigner said that while she appreciates Councilmember Johnson's statement, her concern is that there is sentiment that it was not an appropriate motion. She believes the motion was appropriate. Councilmember Johnson clarified that she is not questioning the validity of the motion. It was her opinion that the motion was not appropriate and she made comments to that effect prior to the vote on January 7. Councilmember Preus requested that the Presiding Officer call for a roll call vote anytime there is a split vote in the future. He said it is difficult for the Clerk to correctly record the vote when it is not unanimous. City Manager Johnson said this change is supported by staff. Mayor Tierney commented on the way the information was presented at the January 7 meeting. She said that there was a false statement put in the December 3 meeting minutes that there was a violation of the Open Meeting Law by the Charter Commission. Councilmember Preus said that the Council is considering only approval of the minutes and the entire subject should not be reopened. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to call the question. Motion carried: Preus, Spigner, Black, and Bildsoe ayes; Johnson and Tierney nays. Motion to approve the minutes carried, six ayes. Item 9-A Report from Business Relations Subcommittee Assistant Manager Lueckert presented the report from the Business Relations Subcommittee and recommended the approval of a $1,000 budget for the Business Focus Group. Councilmember Bildsoe said that the Business Focus Group event will begin a discussion and relationship with community businesses, which is a goal of the City Council. Councilmember Bildsoe was thanked for his efforts on this initiative. Adopted City Council Minutes February 4, 1998 Page 17 Motion was made by Councilmember Preus, seconded by Councilmember Johnson, to adopt RESOLUTION 98-93 RECEIVING THE REPORT OF THE BUSINESS RELATIONS SUBCOMMITTEE AND APPROVING A BUDGET OF $1,000 FOR THE BUSINESS FOCUS GROUP. Motion carried, six ayes. Item 9-B Discussion with Maintenance Employees Councilmember Preus said that it was obvious that the most recent negotiation process with the maintenance employees was not smooth. It was difficult for affected employees to talk with Councilmembers during this time. Since the negotiation process is now completed, it would be helpful for the Council to directly hear employee comments and concerns. Kurt Errickson, 1183 McLean Avenue, St. Paul, thanked the Council for their interest in meeting with the employees. He said they are willing to meet with the Council at a study session or other time deemed appropriate. Councilmember Johnson said that it is difficult for Councilmembers to find time available for additional study sessions and suggested that council members could individually meet with the maintenance employees. Councilmember Spigner preferred that the entire Council meet with the maintenance employees so that all parties receive the same information. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to establish a Special Council Meeting for March 18 at 5:30 p.m. to meet with the City of Plymouth maintenance employees. Motion carried, six ayes. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adjourn the meeting at 9:58 p.m. Motion carried, six ayes. W'S