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HomeMy WebLinkAboutCity Council Minutes 05-20-1998ADOPTED MINUTES REGULAR COUNCIL MEETING MAY 209 1998 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 PM in the City Center, 3400 Plymouth Blvd., on May 20, 1998. COUNCIL PRESENT: Mayor Tierney; Councilmembers Preus, Spigner, Black, Bildsoe, Wold, and Johnson. 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 Deputy City Clerk Hoffman. Item 3 Plymouth Forum No one spoke at the Forum. Item 4-A Peony Bridge Project Councilmember Bildsoe noted that there was a change of date in the anticipated completion of the Peony Bridge project. He said residents have expressed concern about traffic on Peony Lane. He asked staff to study problems with split rail fences along the route. He also noted improvements have been requested along Vicksburg Lane between Highway 55 and Old Rockford Road. Item 5 Approve Agenda Councilmember Bildsoe requested a discussion on the duty crew report be added to the agenda as Item 9-A. Motion was made by Councilmember Preus, seconded by Councilmember Black, to approve the agenda as amended. Motion carried, seven ayes. Item 6 Consent Agenda 6-W was removed from the Consent Agenda. Councilmember Johnson recorded a no vote on Item 6-J. Councilmember Spigner recorded a no vote on Item 6-N. Mayor Tierney noted the passage of the activity center referendum as canvassed in Item 6-C. Adopted City Council Minutes May 20, 1998 Page 2 Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to approve the Consent Agenda as amended. Motion carried, seven ayes. Item 6-A Approve Minutes Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt minutes of the April 15, 1998 Regular Council Meeting and May 13 Special Council Meeting. Motion carried, seven ayes. Item 6-B Approve Disbursements Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-300 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING MAY 8,1998. Motion carried, seven ayes. Item 6-C Certify Results of Special City Election Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-301 CERTIFYING RESULTS OF THE CITY SPECIAL REFERENDUM ELECTION HELD ON MAY 19, 1998. Motion carried, seven ayes. Item 6-D Amend City Council Agenda Numbering Format Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to direct staff to implement an "all number" format for City Council agendas. Motion carried, seven ayes. Item 6-E Board and Commission Appointments Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-302 APPOINTING WARREN TUEL TO THE ENVIRONMENTAL QUALITY COMMITTEE. Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-303 APPOINTING GORDON ORTLER AND REBECCA WHEELER TO THE HUMAN RIGHTS COMMISSION. Motion carried, seven ayes. Item 6-F Jerome Franzen. Variance for Impervious Surface Cover Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-304 APPROVING VARIANCE REQUEST FOR JEROME FRANZEN FOR PROPERTY LOCATED AT 240 INLAND LANE NORTH (98045). Motion carried, seven ayes. Adopted City Council Minutes May 20, 1998 Page 3 Item 6-G George and Gloria Wallace. Variances for Impervious Surface Cover Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-305 APPROVING VARIANCE REQUEST FOR GEORGE AND GLORIA WALLACE FOR PROPERTY LOCATED AT 155 INLAND LANE NORTH (98049). Motion carried, seven ayes. Item 6-H Daniel and Ann Marie Arnold. Variance for Septic System Drainfield 98056) Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-306 APPROVING A VARIANCE FOR DANIEL AND ANN MARIE ARNOLD FOR A SEPTIC SYSTEM 50 FEET FROM MOONEY LAKE ON PROPERTY LOCATED AT 1755 TROY LANE NORTH (98056). Motion carried, seven ayes. Item 6-I 55 Northwest Boulevard LLC. Preliminary and Final Plat (98057) Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-307 APPROVING PRELIMINARY AND FINAL PLAT FOR 55 NORTHWEST BOULEVARD LLC. FOR NORTHWEST BUSINESS CAMPUS 14TH ADDITION FOR PROPERTY LOCATED NORTHEAST OF THE INTERSECTION OF HIGHWAY 55 AND NORTHWEST BOULEVARD (98057). Motion carried, seven ayes. Item 64 Hans Hagen Homes, Inc. PUD General Plan Amendment (98065) Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-308 APPROVING PUD GENERAL PLAN AMENDMENT FOR HANS HAGEN HOMES TO DELETE THE REQUIREMENT FOR A SLOPED ROOF ELEMENT ON THE HOLLYWOOD VIDEO, RESTAURANT/RETAIL, AND FAST FOOD BUILDINGS FOR PLYMOUTH STATION LOCATED AT THE SOUTHEAST QUADRANT OF HIGHWAY 55 AND COUNTRY ROAD 98065). Motion carried, six ayes, Councilmember Johnson nay. Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt ORDINANCE 98-16 AMENDING CHAPTER 21 OF THE PLYMOUTH CITY CODE TO AMENDING SECTION 21655.16 FOR PROPERTY LOCATED AT THE SOUTHEAST QUADRANT OF HIGHWAY 55 AND COUNTY ROAD 24 (98065). Motion carried, six ayes, Councilmember Johnson nay. Adopted City Council Minutes May 20, 1998 Page 4 Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-309 APPROVING FINDINGS OF FACT FOR AMENDING THE ZONING ORDINANCE TEXT FOR PLYMOUTH STATION LOCATED AT THE SOUTHEAST QUADRANT OF HIGHWAY 55 AND COUNTY ROAD 24 (98065). Motion carried, six ayes, Councilmember Johnson nay. Item 6-K Approve Operating Managers for Liquor Establishments Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-310 APPROVING DESIGNATION OF LIQUOR ESTABLISHMENT OPERATING MANAGERS. Motion carried, seven ayes. Item 6-L-1 Gasoline Service Station License Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-311 APPROVING GASOLINE SERVICE STATION LICENSE FOR HOLIDAY STATIONSTORES, INC. D/B/A HOLIDAY STATIONSTORE #303,9700 BETTY CROCKER DRIVE. Motion carried, seven ayes. Item 6-L-2 Gasoline Service Station License Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-312 APPROVING GASOLINE SERVICE STATION LICENSE FOR ERICKSON OIL PRODUCTS, INC. D/B/A FREEDOM VALU CENTERS, 12650 COUNTY ROAD 10. Motion carried, seven ayes. Item 6-M-1 Tobacco License Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-313 APPROVING TOBACCO LICENSE FOR HOLIDAY STATIONSTORES, INC. D/B/A HOLIDAY STATIONSTORE #303,9700 BETTY CROCKER DRIVE. Motion carried, seven ayes. Item 6-M-2 Tobacco License Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-314 APPROVING TOBACCO LICENSE FOR ERICKSON OIL PRODUCTS, INC. D/B/A FREEDOM VALU CENTERS, 12650 COUNTY ROAD 10. Motion carried, seven ayes. Adopted City Council Minutes May 20, 1998 Page 5 Item 6-N Tax Increment Financing District 7-5 Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-315 AUTHORIZING SUBMISSION OF AN APPLICATION TO THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT'S CONTAMINATION INVESTIGATION AND RAP DEVELOPMENT GRANT PROGRAM FOR THE PROPOSED VILLAGE AT BASSETT CREEK DEVELOPMENT. Motion carried, six ayes, Councilmember Spigner nay. Item 6-0 Randall Begin. Rezoning for Property Located at 12305 Old Rockford Road (98060) Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt ORDINANCE 98-16 AN ORDINANCE AMENDING CHAPTER 21 (ZONING ORDINANCE) OF THE CITY CODE TO CLASSIFY CERTAIN LAND LOCATED AT 12305 OLD ROCKFORD ROAD (98060).Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-316 APPROVING FINDINGS OF FACT FOR REZONING OF PROPERTY LOCATED AT 12305 OLD ROCKFORD ROAD (98060). Motion carried, seven ayes. Item 6-P-1 Order Public Hearing to Consider Vacation of Drainage Easement Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-317 ORDERING PUBLIC HEARING ON THE VACATION OF PART OF A DRAINAGE EASEMENT FOR PONDING LOT 1, BLOCK 2, THE PONDS AT BASS CREEK 2ND ADDITION. Motion carried, seven ayes. Item 6-P-2 Order Public Hearing to Consider Vacation of Drainage and Utility Easements Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-318 ORDERING PUBLIC HEARING ON THE VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENTS WITHIN LOTS 1 AND 2, BLOCK 1, FORSTER PRESERVE PLAT 3. Motion carried, seven ayes. Item 6-P-3 Order Public Hearing to Consider Vacation a Part of County Road 9 Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-319 ORDERING PUBLIC HEARING ON THE VACATION OF PART OF COUNTY ROAD 9, MINNESOTA LANE TO JUNEAU LANE. Motion carried, seven ayes. Adopted City Council Minutes May 20, 1998 Page 6 Item 6-Q Award Contract, City Project No. 9007 Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-320 RESOLUTION AWARDING BID, SCHMIDT LAKE ROAD STREET AND UTILITIES, CITY PROJECT NO. 9007. Motion carried, seven ayes. Item 6-R "No Parking" Signs Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-321 APPROVING THE PLACEMENT OF "NO PARKING" SIGNS ON 18TH AVENUE. Motion carried, seven ayes. Item 6-S Reduction in Required Financial Guarantee Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-322 REDUCING REQUIRED FINANCIAL GUARANTEE, SUGAR HILLS ADDITION (92056). Motion carried, seven ayes. Item 6-T Robbinsdale Area Schools (ISD #281). Site Plan Amendment (98058) Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-323 APPROVING SITE PLAN AMENDMENT TO ALLOW RECONSTRUCTION OF THE ENTRANCE AND DRIVE AISLE AT ARMSTRONG HIGH SCHOOL, 10636 36TH AVENUE NORTH (98058). Motion carried, seven ayes. Item 6-U Change Order #3 and Final Payment to Midwest Asphalt Corporation Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-324 APPROVING CHANGE ORDER 3 AND FINAL PAYMENT TO MIDWEST ASPHALT CORPORATION. Motion carried, seven ayes. Item 6-V Establish Special Council Meeting Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to establish Wednesday, June 10, at 7 PM as a Special City Council meeting with Hennepin County Commissioners, and to discuss traffic enforcement issues and disaster preparedness. Motion carried, seven ayes. Adopted City Council Minutes May 20, 1998 Page 7 Item 6-X Special Assessments to Life Time Fitness Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-325 APPROVING AMENDMENT TO GROUND LEASE AND DEVELOPMENT AGREEMENT WITH FCA, LTD. DOING BUSINESS AS LIFE TIME FITNESS AND AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE AGREEMENTS. Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-326 ADOPTING ASSESSMENTS, CITY PROJECT NO. 8020, LIFETIME FITNESS IMPROVEMENTS. Motion carried, seven ayes. Item 6-Y Establish Special City Council Meeting Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to establish Wednesday, May 27, 1998 at 5:30 PM as a special city council meeting to discuss the Ferndale Road project with the City of Orono. Motion carried, seven ayes. Item 7-A Assessment Public Hearing. 1998 Street Reconstruction Project — Phase I City Engineer Faulkner presented the project for street reconstruction in the Cavanaugh Addition. He said all streets in the district would be widened to 32 -foot widths, except Juneau Lane, which would be widened to a 25 -foot width. He said it was unusual to have the assessment hearing before the project hearing on construction. He said this was done at the request of the residents. He outlined the basis for the assessments, and the procedure for filing objections. He said he has received one written objection. He introduced a written appeal to the assessment from Bradley L. Anderson and Katherine J. Anderson, 3320 Niagara Lane. Councilmember Johnson asked if there were problems in getting bids and project costs before issuing assessments. She said she liked the idea of knowing costs before hand. City Engineer Faulkner said there have been no undue problems. He said this is not just an estimate, but that there could be unforeseen costs, which the city would have to absorb. Councilmember Bildsoe said he appreciated doing the process in this manner. He thanked staff for efforts and for working with residents. Civil Engineer Nummer explained the construction phase of the project and how it would affect neighborhood residents. Mayor Tierney opened the public hearing at 7:19 PM. Adopted City Council Minutes May 20, 1998 Page 8 Ione Botts, 3305 Lanewood Lane, said that as a resident of the Cavanaugh Addition, she appreciates the work done by city staff in contacting residents. She said she objected to the concrete curb and gutter in the neighborhood, and that it took away the countrified look of the neighborhood. Claudia Freund, 14820 32nd Avenue North, thanked the Council. She asked about the legality of issuing an assessment before project is completed. She asked if such a policy would be included in future projects. Mayor Tierney closed the public hearing at 7:22. Attorney Knutson said that a city may adopt assessments any time after project costs are known. He said residents may pay off an assessment within 30 days after adoption of assessment to avoid any interest payments. Engineer Faulkner said if the assessment is paid off by November 30, 1998, interest would be required only up to that date. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 98-327 ADOPTING ASSESSMENTS, CITY PROJECT NO. 8001,1998 STREET RECONSTRUCTION PROJECT — PHASE I. Motion carried, seven ayes. Council directed staff to study whether to use cost and assessment procedures before adoption of projects on a more regular basis. Item 8-A Association Free Lutheran Bible School. Land Use Guide Plan Amendment Community Development Director Hurlburt presented the applications for a land use guide plan amendment from Living Area 1 to Public/Semi-Public Institutional and the rezoning request from single family detached to Public Institutional. She outlined the history of the site's development and how it was affected by the City's rezoning of land in 1973 and 1996. She explained how the site became a lawful non -conforming use, for major public facilities such as schools and health care facilities. She said the policy issues the Council must decide are whether to encourage the growth of a currently non- conforming institutional use in the middle of a single family residential area, and whether a larger institutional use is appropriate for the site. She summarized the proposed development by the bible school and the school officials' master plans. She explained that extensive meetings were held between neighbors and the school officials. She said that traffic studies found that increases in traffic from the expansion of the school facilities would not Adopted City Council Minutes May 20, 1998 Page 9 overload any of the existing streets. She said the project proposal meets criteria set in the land use plan, but does not meet criteria for rezoning. Mayor Tierney thanked residents who had signed petitions relating to the requests. Director Hurlburt said that if the application had come before the new zoning ordinance was in place, it would have been eligible for a conditional use permit and rezoning. If guiding and rezoning requests are approved, school officials would need to make an application for site plan approval and a conditional use permit. Councilmember Preus thanked residents who called him with comments on the issue. Councilmember Johnson said she believed the real issue is a matter of policy. and whether the rezoning is appropriate in this situation. She said this is an unusual situation since the college was there before the rest of the neighborhood. She asked if there was a reason for the council to grant the school requests. Director Hurlburt said that staff has recommended denial. Director Hurlburt said the reason the property had never received a Public Institutional zoning classification is that zoning did not exist before 1996. She said there was a concern in 1973 that the property might be used for development of multi -family housing, and while the records are not detailed, she believed it was felt that an R-1 zoning would prevent that sort of development. She said she could not fmd a map before 1979 guiding the property as public institutional, but guide maps were inconsistent and unclear from that time. Director Hurlburt said at present the school may put in single family homes, day care facilities and church type uses. She said the main types of non- conforming use at present are the post secondary bible schools. She said she was not certain whether a residential school was permitted here. Director Hurlburt stated that when the zoning code revisions were adopted in 1996, there were only general notices in the paper. She said individual property owners did not receive notice. She said she did not know of any contact with school officials about the rezoning of the property. She said staff couldn't predict that the school's requests would not be permitted until all pieces were in place for review by the Planning Adopted City Council Minutes May 20, 1998 Page 10 Commission and City Council. She said staff assistance was given during the application process, but that some of that can be misinterpreted by the applicants. She said there was no intent by the staff to mislead. She said while there is no inventory of properties citywide, she knew of no other property in the identified situation. Tonnes Pollestad, 3129 East Medicine Lake Boulevard, a bible school official presented a history of the school, and explained that school officials are interested in building development to accommodate the rapid growth of enrollment. He said that after meeting with neighbors, officials cut back plans to increase enrollment and married student housing, and shifted development to the center of the property to provide better buffering. He said the school encourages students to live on-site, and approximately 96% of the enrollees do live at the school. He said that at present the school was only bringing to the City consideration of the rezoning and reguiding of the property. He introduced David Borg. David Borg, Cokato, Minnesota, Chair of the school board. He said that in 1996 and early 1997 the board did extensive long range planning and school officials met with residents in the neighborhood. He said that if the Council denies the school's request, school officials believe all reasonable use will be denied. He said. there were other possible development options for other developers if the school should vacate the property. He said if buildings on the site were destroyed by storm or tornado, the school could not be rebuilt. He described the original master plan of the school, and explained the original school plan was much denser than the present proposal. Councilmember Johnson said that all the calls she had received from residents were concerning density of property in neighborhood. She said that residents had not expressed opposition to expansion of the school on the site, but more concern about controls if the property is rezoned. She suggested exploration of a PUD zoning instead of a Public Institutional zoning. Director Hurlburt said that any request would have to first conform with land use guide plan, and receive the public institutional guiding. She said a PUD might be used as a sort of customized zoning district, but lot more plan detail would be required. She said that if the guide plan amendment is approved but not the rezoning, a new application would be required. Councilmember Spigner said that she had been meeting since December with school officials. She is not opposed to the school, but is concerned with the growth, given the size of the site. Adopted City Council Minutes May 20, 1998 Page 11 Mr. Pollestad said Councilmember Spigner had suggested he go back to his board to discuss whether they would be willing to make major compromises. Councilmember Spigner disputed whether she used the term major, but wanted to make it clear she believed compromise was possible. Mr. Pollestad said that school officials believe they have compromised, in meetings with residents and with neighborhood relationships. He said when they start putting limits in student numbers, it doesn't make economic sense to limit the size of the facility. Mr. Pollestad said school officials are not sure if they will ever reach their projected student population of 450 to 550, but they want to plan to handle that number. He said that dorms would not be built all at one time, and that parking will be phased in as needed. He outlined initial plans to develop classroom facilities so that existing classroom buildings might be used for residential purposes. He said parking and married housing were relocated in the plan to accommodate concerns by neighboring residents. Attorney Knutson said that if tornado or storm damage occurred at the site, permission to rebuild would be handled on a building by building basis under the current zoning status. He said if a building were damaged by at least 50% of value, it could not be rebuilt. Director Hurlburt said that if the rezoning and reguiding is denied, all existing uses and conditional permit uses under the RSF-1 classification are still available. Dr. Ralph Shapiro, 10520 31 S` Avenue N., reviewed the neighborhood's participation in the school's request process. He said expansion plans were shown at a December meeting, and changes were presented at a second series of meetings. He said that some residents expressed surprise at the scope of the school expansion. He said residents approached school officials to discuss a possible compromise in the plans. They presented the school a list of ten items to be discussed at a meeting held in early March, but school officials were not prepared to meet any of compromise requests. At an April 2 meeting between neighbors, members of the school board and representatives of the development company, board members said they were not interested in compromise. He said he was shocked at that time to learn of a maintenance building on the site, being used as an auto mechanic shop. He said he found a letter in the City's file for the project referring to changes that were never shown in the plan. Adopted City Council Minutes May 20, 1998 Page 12 Michael Goldman, 10325 32"d Avenue N., said all arguments have been discussed before the Planning Commission, with the Commission and City staff recommending denial. He believes the fact is that the school is outgrowing its site. He said if the property is rezoned, he believes there is nothing to stop the school from uncontrolled growth. Wallace Charles, 3150 East Medicine Lake Blvd., said his land borders on two sides of the school. He spoke in support of the school's request. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98- DENYING LAND USE GUIDE PLAN AMENDMENT AND REZONING FOR THE ASSOCIATION FREE LUTHERAN BIBLE SCHOOL, FOR PROPERTY LOCATED AT 3110 EAST MEDICINE LAKE BOULEVARD (98042). Councilmember Johnson said she wanted to make sure that any reapplication could not be considered for six months. Director Hurlburt said there might be other options to permit the school to apply for a different request. She said language does exist to waive the six month period. Councilmember Preus said he would vote against the motion because he believes the discussion has been off—base. He said the issue is that the school was overlooked in the zoning code changes. He said they still need approval for a conditional use permit, and there is an opportunity for compromise and modification. Councilmember Wold said he is, uncomfortable with the motion, and supports efforts to come up with other options to satisfy both school officials and residents, such as reguiding to a PUD. Councilmember Johnson said it is a difficult decision, because she understood residents' concerns, but she does not believe it is an all or nothing plan. She said she was inclined to postpone action to give the school officials one more chance to talk with neighborhood residents. Mayor Tierney said she would like further study on the site, and would support a delay in a decision. Motion was made by Mayor Tierney, seconded by Councilmember Wold, to postpone a decision on the rezoning and reguiding until the June 24, 1998 Regular Council Meeting, and to have staff, neighborhood representatives and school officials meet before then to discuss areas of possible compromise. Adopted City Council Minutes May 20, 1998 Page 13 Mr. Pollestad said school officials would be happy to work with the City and neighborhood residents to try and work something out. Councilmember Bildsoe said he would like to see a dialogue opened to try to reach an agreement on the project. He supported a postponement. Councilmember Black said that past actions of the City Council have been to protect residents, and she supports a postponement to allow discussion to come to an arrangement agreeable to all. Motion carried, seven ayes. Mayor Tierney called a recess at 9:16 PM. Mayor Tierney called the meeting to order at 9:25 PM. Item 8-B Homestead Village Requests Community Development Director Hurlburt presented the revised sketch plan. She described the earlier application, and its alteration. She explained what the expansion of the property would mean for the site development. She described what impact the changes will have on the wetland buffers. She said informal advisory comments are requested from councilmembers before the proposal comes before the Council for a decision. Director Hurlburt explained concerns over wetlands, and requests for comments on revisions in plans for the use of alternative buffers in future applications. She asked Council to set a public hearing on right-of-way vacation which would come concurrent with the formal application of the plan. Paul Crabtree, representing Homestead Village, said developers have come up with a project that is beneficial both to the city and to neighbors of the project. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-328 PROVIDING INFORMAL COMMENTS ON THE PROPOSED SKETCH PLAN FOR AN EXTENDED STAY HOTEL, APPROVING THE USE OF ALTERNATIVE WETLAND BUFFERS, AND AUTHORIZING STAFF TO SET A PUBLIC HEARING TO CONSIDER VACATION OF A ROADWAY EASEMENT FOR HOMESTEAD VILLAGE FOR PROPERTY LOCATED SOUTH OF HIGHWAY 55, WEST OF HIGHWAY 169, AND EAST OF NATHAN LANE (98059). Adopted City Council Minutes May 20, 1998 Page 14 Councilmember Black said she would not vote for the resolution. She said the City does not have to grant variances to buffers. She said this plan could be developed in compliance with the buffer zone and not affect the wetland. She supported the purchase of the small peninsula, but it would not solve the problem of surface water management at the site. She believed the project developers should be able to handle costs of surface water management, rather than the City, by putting parking underground. She said the developers are trying to put cost of damaging the environment onto the government. Councilmember Johnson said she agreed with Councilmember Black. She did see in this situation a better reason for use of alternative buffers than in other settings. Paula Pursley, 2790 Evergreen Lane N., representing the Association of Medicine Lake Area Citizens, said the group would support the Homestead Village request. She said the developers' plan would significantly reduce the impact on the wetland, and would also clean up a troublesome corner of the City. She described the site, and asked for the City to accept the donation of the little peninsula. She requested the land be owned by either the Cities of Plymouth or Medicine Lake. She asked about status of Environmental Quality Commission study of the little peninsula. Director Hurlburt recommended ownership be considered separately because legal access to property was among several issues to consider later. Park Director Blank said the Open Space Committee is meeting again to lay the ground work for what should happen. Councilmember Black said if she believed the purchase of the little peninsula would have a positive impact, she would view this project with more favor. She said she doesn't believe that other than for open space protection, the purchase of this peninsula is of any positive benefit for the environment. She said she believed this project will further reduce the buffer and deteriorate the watershed. She said parking can be resolved other ways. Mr. Crabtree said developers hadn't seriously considered parking under the building, because he believed it would add too much height to the building. Councilmember Bildsoe said he did not believe building height is a major concern. Councilmember Johnson said she would rather see a taller building to keep the water quality from deteriorating. Adopted City Council Minutes May 20, 1998 Page 15 Motion was made by Councilmember Black, seconded by Councilmember Bildsoe to amend the motion to read, "Whereas impermeable surface resulting from the parking would negatively impact the water quality of the watershed, under -building parking will be used." Mr. Crabtree said he was concerned that the building footprint would possibly affect the ground lease with the Muellers, the property owners. Councilmember Preus said he was concerned about water quality during the construction process. Director Hurlburt said that the staff report specifically addresses water management during the construction process. Councilmember Black said the use of NURP ponds will allow water to run off at faster rate. She said the damage to the watershed will occur in spite of the water not going in directly. Director Hurlburt said that under—building parking may eliminate some parking spaces, but the amount of fill and buffers required will not change. Motion was made by Councilmember Johnson, seconded by Councilmember Spigner to suspend the rules and extend the meeting to 10:30 PM. Motion carried, six ayes, Councilmember Preus nay. Motion to amend failed; Councilmember Black aye, Councilmembers Preus, Spigner, Bildsoe, Wold, Johnson, and Mayor Tierney nays. Councilmember Wold said the Council would find a taller building more agreeable if it were possible to put parking under the building. City Engineer Faulkner said it may be possible to design ponds to control the rate of water release. Councilmember Black said that was one concern but if a pond is bigger, its impact on the wetland increases. Motion carried, Councilmembers Preus, Bildsoe, Wold, Johnson and Mayor Tierney ayes, Councilmember Black nay; Councilmember Spigner abstained. Item 8-C Consider Recommendation from Plymouth Charter Commission for Alternative Ballot Language on Supermajority Issue Assistant Manager Lueckert reviewed the history of the supermajority charter amendment proposal. She reported that alternative language options had been proposed by the Charter Commission and introduced its Chair, Robert Sipkins. Adopted City Council Minutes May 20, 1998 Page 16 Robert Sipkins, 2621 Comstock Lane, Chair of the Charter Commission, presented five options for Council consideration. Councilmembers Bildsoe and Black thanked Mr. Sipkins and members of the Charter Commission for their work. Councilmember Johnson thanked the Charter Commission for working through a difficult issue in an effort to try to honor the will of the Council and to move the issue forward. Councilmember Preus said he appreciated the change in tone of the Charter Commission. He said he could understand the rationale of the Charter Commission by reading the language of the report. Mayor Tierney said the Charter Commission wants to look for some kind of compromise so that future Councils might make some sort of decision if the present Council follows the recommendation. Motion was made by Councilmember Preus, seconded by Councilmember Black, to take no action on the recommendation of the Charter Commission. Mayor Tierney said she could not support taking no action. She said that the Charter Commission could still come back with another amendment, since they have a history of not supporting the current proposal. Councilmember Johnson said she would not support the motion because she believed it is not in the best interest for Plymouth residents. She said the Charter Commission proposal is much more cautious in approaching the future direction of the City. She said she was aware of the national scope of the discussion about the issue. She said at the local level, councilmembers are already held accountable by residents. She said that locking such a provision in on the local level could present a crisis down the road and prevent a council from doing the right thing for residents. Councilmember Spigner asked why the Council did not believe that members of the public can make a decision. She said she supports letting the public make the decision on the issue. Councilmember Johnson responded that she did not mean that voters could not decide. She said she meant that support of the Charter Commission recommendation meant the Council can offer residents something better. Adopted City Council Minutes May 20, 1998 Page 17 Councilmember Black said she wanted to make sure people understood the issue was only speaking of property taxes, not service fees, and that issues like protecting water quality would not be affected by the supermajority issue. She said if the issue appeared on a ballot she would probably vote against it for reasons already discussed. She said she could support the alternative language of the Charter Commission if that were on a ballot. Councilmember Preus said the Charter Commission has come up with another idea, but he did not believe it is an improvement, and not better for the tax payer. He believed if it became an issue in the future, it would put the focus on changing the ordinance instead of focusing on what could be an important issue. He said if it became an issue in the future his preference would be to cut expenses first, not raise taxes. Councilmember Johnson said the supermajority requirement would weigh taxation, but not spending control. She said the alternative language of the Charter Commission would still go to the voters and would still show accountability of the Council. Councilmember Black said she couldn't discuss changing supermajority votes to regular majority votes without talking about the issue behind why the change is needed. She said she believed the public meetings would then have a greater opportunity for the public to have input on the issue. She said she believed that the public notice process is weak, that the issue is to get the public more involved in debate. Councilmember Johnson said the notification process is a separate issue, and she believes involvement of the public is the point of supporting the Charter Commission's alternative. Councilmember Bildsoe said he would not support the motion. He cited that in over 15 years of voting on budgets, councils have historically been unanimous. He said some councils may have to face the issue at some time. He said he liked the Charter Commission's alternative language, and would listen to comments. Motion was made by Councilmember Johnson, seconded by Councilmember Black to call the question. Motion carried, six ayes, Councilmember Preus nay. Original motion failed, Councilmembers Preus, Spigner, and Wold ayes; Councilmembers Black, Bildsoe, Johnson, and Mayor Tierney nays. Adopted City Council Minutes May 20, 1998 Page 18 Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt ORDINANCE 98-18 AN ORDINANCE REPEALING ORDINANCE 96-9 AND RESOLUTION 96-555 REGARDING A CHARTER AMENDMENT REQUIRING A SUPERMAJORITY VOTE FOR A TAX RATE INCREASE and to extend notice of a public hearing for a repeal of the ordinance in any City publications. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt ORDINANCE 98-19 AN ORDINANCE AMENDING THE PLYMOUTH CITY CHARTER CONCERNING TAXATION. Motion was made by Councilmember Johnson, seconded by Councilmember Black to suspend the rules and extend the meeting to 10:45 PM. Motion carried, six ayes, Councilmember Preus nay. Councilmember Preus said he would not support the motion because he believed the motion guts the principle of the supermajority vote. He said the contents of the proposed motion do very little. Mayor Tierney said she would support the motion begrudgingly. She said the motion does allow future councils to debate, and does not negate the issue of the supermajority vote. Councilmember Preus said that sooner or later a decision must be made, and he would like to put something in the charter that makes a decision on the issue. Councilmember Wold said he would not support the motion. He said the proposed alternative muddles things, and makes room for game -playing among councils. Motion carried, Councilmembers Bildsoe, Black, Johnson, and Mayor Tierney ayes, Councilmembers Preus, Spigner, and Wold nay. Item 8-1) Aggressive Skate Park Park Director Blank outlined the progress of bid submissions for construction of a skate park. He reported that one bid was submitted, and that it did not supply a bid bond. He said the City Attorney indicated the irregularity could be waived by Council. He said a secondary bid request had been put out concerning the operation and management of the park. He reported that one bid was received, and that bid had an irregularity, by not following the specifications regarding insurance. He said staff recommended rejecting bids Adopted City Council Minutes May 20, 1998 Page 19 for construction and for operation of a park. He said one other option was to consider negotiation for the rental of a skate park. Manager Johnson reported that he had received today a second company offer of a rental option for one or more months. Mayor Tierney said that she was willing to go ahead to approve the set up of a park on a trial basis. Councilmember Wold said he was disappointed to hear a recommendation to reject all bids. He believed there was significant interest by the Council, and an opportunity to see the development of a skate park. He believed it was nearsighted to think that private interests could be the only option for park development. He said that the idea that operation of such a park needs to be subcontracted misses the point. Director Blank said the issue was an error in bidding that could be renegotiated. He said that the City does operate other parks, and could probably operate such a skate park. Councilmember Johnson said she understood the history behind the park discussion. She said police reported no problems in existing park facilities. She suggested that the private sector be given a year to make an operation work. She said she did not want to get locked into spending for this, if the need could be filled elsewhere. Motion was made by Councilmember Black, seconded by Councilmember Johnson to suspend the rules and extend the meeting to 10:50 PM. Motion carried, seven ayes. Councilmember Spigner said she believed Councilmembers would study the issue for a year to see if private concerns could survive, and take action later. Councilmember Black said she appreciated the police reports on skate boarding. She said she was not certain that there may not be some trouble in summer. She supported looking at the issue for the following summer. Councilmember Bildsoe said he did not believe Council's actions were eliminating the future of a skateboard park, or saying there is no need. He supported identifying the role of the city in such a park, and to wait a year to consider this. Adopted City Council Minutes May 20, 1998 Page 20 Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-329 REJECTION OF BIDS FOR AGGRESSIVE SKATE PARK EQUIPMENT. Motion carried, six ayes, Councilmember Wold nay. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe to suspend the rules and extend the meeting to 11:00. Motion carried, six ayes, Councilmember Wold nay. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 98-330 REJECTION OF BIDS FOR OPERATION OF AGGRESSIVE SKATE PARK. Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Johnson to move on to the next item. Motion carried, six ayes, Councilmember Wold nay. Item 8-E (6-W) Award of Contract, Plymouth Ice Center/Life Time Fitness Additional Parking, City Project No. 8012 Motion was made by Councilmember Preus, seconded by Councilmember Johnson, to adopt RESOLUTION 98-331 RESOLUTION AWARDING BID, PLYMOUTH ICE CENTER/LIFE TIME FITNESS PARKING LOTS, LOT A, CITY PROJECT NO. 8012. Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adjourn the meeting at 10:50 PM. Motion carried, seven ayes. Kurt Ho Deputyity Clerk