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