HomeMy WebLinkAboutCity Council Minutes 06-24-1998ADOPTED MINUTES
REGULAR COUNCIL MEETING
JUNE 249 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 June 24, 1998.
COUNCIL PRESENT: Mayor Tierney; Councilmembers Bildsoe, Wold, Johnson, Preus,
Spigner, and Black.
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.
3 Plymouth Forum
No one spoke at the Forum.
4.1 Music in Plymouth and Fun Run
Barbara Willis, President of the Plymouth Civic League, described events planned
for the 26th annual Music in Plymouth on July 1. Mele Willis invited residents to
participate in the 2nd annual Fun Run on June 27.
4.2 Report on League of Minnesota Cities Conference
Mayor Tierney reported that she and Councilmembers Johnson and Bildsoe had
attended the annual League of Minnesota Cities Conference. Councilmember
Johnson reported on the Conference sessions.
4.3 League of Minnesota Cities Awards
Councilmember Johnson reported that Plymouth won the LMC Cooperation and
Consolidation Award for the Plymouth recreation facilities, as well as the Public
Safety Award for the Where's Lester the Smoke Detector Campaign. Billie
Goodman, Crime and Fire Prevention Fund, and Rick Kline, Fire Chief, accepted
the award on behalf of the City from Councilmember Bildsoe. The City also
received honorable mention for the City's touch tone park and recreation
registration and the Transit Job Fair. Councilmember Johnson said that Mayor
Tierney received a plaque for her service on the League of Minnesota Cities
Board. Councilmember Johnson also won $500 in a drawing which she noted
would be turned over to staff for placement with City funds.
5 Approve Agenda
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to approve the agenda. Motion carried, seven ayes.
Adopted City Council Minutes
June 24, 1998
Page 2
6.0 Consent Agenda
Item 6.13 was removed from the Consent Agenda.
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to approve the Consent Agenda as amended. Motion carried, seven ayes.
6.1 Approve Minutes
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to approve the minutes of the May 20 Regular Council meeting, May 27
Special Council meeting, June 3 Regular Council meeting, and June 10 Special
Council meeting. Motion carried, seven ayes.
6.2 Approve Disbursements
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-354 APPROVING DISBURSEMENTS
FOR THE PERIOD ENDING JUNE 12,1998. Motion carried, seven ayes.
6.3 Renewal of 3.2 Liquor Licenses
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-355 APPROVAL OF ON–SALE AND
OFF–SALE 3.2 MALT LIQUOR LICENSES. Motion carried, seven ayes.
6.4 West Medicine Lake Community Club -3.2 Liquor Renewal
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-356 APPROVING 3.2 MALT LIQUOR
LICENSE FOR WEST MEDICINE LAKE COMMUNITY CLUB. Motion
carried, seven ayes.
6.5 The Rottlund Company, Inc. (98100)
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-357 APPROVING LOT DIVISION FOR
THE ROTTLUND COMPANY, INC. FOR OUTLOT B, PRIME WEST
BUSINESS PARK, LOCATED IN THE NORTHWEST QUADRANT OF
HIGHWAY 55 AND REVERE LANE (98100). Motion carried, seven ayes.
6.6 City of Plymouth. Amendment to Sidewalk/Trail System Plan (98079)
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-358 APPROVING AMENDMENT TO
THE SIDEWALK/TRAIL SYSTEM PLAN OF THE PLYMOUTH
COMPREHENSIVE PLAN (98079). Motion carried, seven ayes.
Adopted City Council Minutes
June 24, 1998
Page 3
6.7 Janco, Inc. (98063)
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt ORDINANCE 98-20 AMENDING CHAPTER 21 (ZONING
ORDINANCE) OF THE CITY CODE TO CLASSIFY CERTAIN LAND
LOCATED AT THE SOUTHEAST CORNER OF SCHMIDT LAKE ROAD
AND NORTHWEST BOULEVARD. Motion carried, seven ayes.
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-359 APPROVING FINDINGS OF FACT
FOR REZONING OF PROPERTY LOCATED AT THE CORNER OF
SCHMIDT LAKE ROAD AND NORTHWEST BOULEVARD (98063).
Motion carried, seven ayes.
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-360 APPROVING PRELIMINARY
PLAT FOR JANCO, INC. FOR BRIDGID GLENN ADDITION, LOCATED
SOUTHEAST OF SCHMIDT LAKE AND NORTHWEST BOULEVARD
98063). Motion carried, seven ayes.
6.8 Amoco Oil Company and National Tire and Battery
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-361 APPROVING SITE PLAN,
CONDITIONAL USE PERMITS, AND SIGN VARIANCE FOR AMOCO
OIL COMPANY FOR PROPERTY LOCATED NORTH OF CO. RD. 6 AND
WEST OF ANNAPOLIS LANE (98064). Motion carried, seven ayes.
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-362 APPROVING SITE PLAN,
CONDITIONAL USE PERMITS, AND VARIANCES FOR NATIONAL
TIRE AND BATTERY FOR PROPERTY LOCATED NORTH OF CO. RD.
6 AND EAST OF I-494 (98066). Motion carried, seven ayes.
6.9 Street Light Project, Plum Tree 4th Addition
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-363 DECLARING ADEQUACY OF
PETITION AND ORDERING PREPARATION OF REPORT, STREET
LIGHTING PLUM TREE 4TH ADDITION. Motion carried, seven ayes.
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-364 RECEIVING REPORT AND
ORDERING PROJECT, STREET LIGHTING, PLUM TREE 4TH
ADDITION. Motion carried, seven ayes.
Adopted City Council Minutes
June 24, 1998
Page 4
6.10 Change Order to SFG Contract; Contract with Govern Software
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-365 CHANGE ORDER, SFG
TECHNOLOGIES; CONTRACT WITH GOVERN SOFTWARE. Motion
carried, seven ayes.
6.11 Suggested Revisions to City Advertising Policy
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to approve proposed revisions to the policy governing advertising in City
publications to more explicitly state the City's right to reject advertisements
deemed inappropriate. Motion carried, seven ayes.
6.12 Stanley Skytte (98072)
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-366 APPROVING VARIANCE
REQUEST FOR STANLEY SKYTTE FOR PROPERTY LOCATED AT
17205 SECOND AVENUE NORTH (98072). Motion carried, seven ayes.
6.14 William and Joyce Williams (98044)
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-367 APPROVING LOT DIVISION AND
VARIANCE FOR WILLIAM AND JOYCE WILLIAMS FOR PROPERTY
LOCATED AT 1235 PEONY LANE NORTH (98044) Motion carried, seven
ayes.
6.15 Tobacco License for Vintage Market Wines & Spirits
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-368 APPROVING 1998 TOBACCO
LICENSE FOR VINTAGE MARKET, WINES & SPIRITS. Motion carried,
seven ayes.
6.16 1997 Audited Comprehensive Annual Financial Report
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-369 ACCEPTING THE 1997
COMPREHENSIVE ANNUAL FINANCIAL REPORT AND AUDIT. Motion
carried, seven ayes.
6.17.1 Change Order No. 1, City Project No. 7023
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-370 APPROVING CHANGE ORDER
NO. 1, VICKSBURG LANE, 35TH AND 36TH AVENUE, TRAFFIC
CONTROL SIGNAL SYSTEM, CITY PROJECT NO. 7023. Motion carried,
seven ayes.
Adopted City Council Minutes
June 24, 1998
Page 5
6.17.2 Change Order No. 3, City Project No. 7011
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-371 APPROVING CHANGE ORDER
NO. 3, CITY CENTER AREA/MANN THEATER, WATER QUALITY
TREATMENT IMPROVEMENT, CITY PROJECT NO. 7011. Motion
carried, seven ayes.
6.17.3 Change Order No. 1, City Project No. 5002
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-372 APPROVING CHANGE ORDER
NO. 1, CSAH 9/PEONY LANE TEMPORARY TRAFFIC CONTROL,
SIGNAL SYSTEM, CITY PROJECT NO. 5002. Motion carried, seven ayes.
6.18 Payment No. 3 and Final, City Project No. 7020
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-373 REQUEST FOR PAYMENT NO.3
AND FINAL, WEST MEDICINE LAKE PARK IMPROVEMENTS —
PHASE III, CITY PROJECT NO. 7020. Motion carried, seven ayes.
6.19 Agreement with Maple Grove, City Project No. 8023
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-374 APPROVING COOPERATIVE
JOINT POWERS AGREEMENT, QUINWOOD LANE CONSTRUCTION,
62ND PLACE TO COUNTY ROAD 10, CITY OF PLYMOUTH AND CITY
OF MAPLE GROVE, CITY PROJECT NO. 8023. Motion carried, seven
ayes.
6.20 Reimbursement for Required Construction of a Trail (96045)
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-375 REIMBURSING DEVELOPER
FOR REQUIRED TRAIL CONSTRUCTION, LAKE POINT
DISTRIBUTION CENTER (96045). Motion carried, seven ayes.
6.21 Authorization for Amended Development Contract (96150)
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-376 AUTHORIZING THE MAYOR
AND CITY MANAGER TO SIGN THE AMENDED DEVELOPMENT
CONTRACT FOR CONOR MEADOWS PLAT TWO (96150). Motion
carried, seven ayes.
Adopted City Council Minutes
June 24, 1998
Page 6
6.22 Order Hearing on Vacation of Easements, Fawn Creek Addition
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-377 ORDERING PUBLIC HEARING
ON THE VACATION OF PART OF THE DRAINAGE AND UTILITY
EASEMENTS WITHIN LOTS 21 AND 22, BLOCK 3, FAWN CREEK
ADDITION. Motion carried, seven ayes.
6.23 Wetland Mitigation and Replacement Plan, Silverthorne 4ch Addition (97133)
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-378 APPROVING WETLAND
MITIGATION AND REPLACEMENT PLAN, SILVERTHORNE 4TH
ADDITION (97133), N% SECTION 09, T118N, R22W. Motion carried, seven
ayes.
6.24 Payment No. 5 and Final, City Project No. 7001
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-379 REQUEST FOR PAYMENT NO.5
AND FINAL, 1997 STREET RECONSTRUCTION PROJECT, CITY
PROJECT NO. 7001. Motion carried, seven ayes.
6.25 Award Contract, 1998 Street Reconstruction Project—Phase II, Project 8001
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-380 AWARD CONTRACT, 19987
STREET RECONSTRUCTION PROJECT—PHASE II, CITY PROJECT
NO. 8001. Motion carried, seven ayes.
6.26 Water Tower Site Antenna Agreement
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-381 APPROVING AGREEMENT,
CELLNET DATA SERVICES (MSP), INC., ZACHARY WATER TOWER
ANTENNAS. Motion carried, seven ayes.
6.27 Agreements Relating to Tax Increment District 7-4 for Hoyt Properties, Inc.
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-382 AUTHORIZING EXECUTION OF
AN ASSIGNMENT AND ASSUMPTION AGREEMENT AND A
SUBORDINATION AGREEMENT RELATING TO THE HOYT
PROPERTIES, INC. DEVELOPMENT, TAX INCREMENT DISTRICT 7-4.
Motion carried, seven ayes.
6.28 Funding For Pilgrim Lane Elementary Playground
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-383 APPROVING PAYMENT FOR
PILGRIM LANE PLAYGROUND. Motion carried, seven ayes.
Adopted City Council Minutes
June 24, 1998
Page 7
6.29 Change Order for Elm Creek Playfield
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-384 APPROVING CHANGE ORDER
NO. 16 TO S. R. WEIDEMA CORPORATION. Motion carried, seven ayes.
6.30 Local Transit Levy Option
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, not to exercise the local transit levy option for 1999. Motion carried,
seven ayes.
6.31 City Participation in 1999 Local Performance Aid Program
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to approve City of Plymouth Participation in 1999 Local Performance
Aid program. Motion carried, seven ayes.
6.32 West Medicine Lake Final Payment for Picnic Shelters
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-385 APPROVING CHANGE ORDERS
2 AND 3 AND FINAL PAYMENT FOR WEST MEDICINE LAKE PICNIC
SHELTERS. Motion carried, seven ayes.
6.33 "Mighty Kids" Grant Proposal
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-386 AUTHORIZING FILING OF AN
APPLICATION FOR FUNDING THROUGH THE YOUTH SPORTS &
RECREATION GRANT PROGRAM. Motion carried, seven ayes.
6.34 Donation of Artwork
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-387 ACCEPTING DONATION OF
ARTWORK FROM FRANKLIN NATIONAL BANK. Motion carried, seven
ayes.
7.1 Authorize Vacation of Easement, The Ponds at Bass Creek, 2°d Addition
Public Works Director Moore presented the staff report on the proposed vacation
of a drainage easement for ponding within Lot 1, Block 2, The Ponds at Bass
Creek 2"d Addition.
Councilmember Black noted that there have been a number of wetland buffer
issues in this area. She had received a phone call from Ken Wendinger who
requested that the Council be cautious on this issue because of the wetlands.
Director Moore verified that the wetland buffer strip will not be impacted.
Adopted City Council Minutes
June 24, 1998
Page 8
Mayor Tierney opened the public hearing. No one appeared, and the hearing was
closed.
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-388 AUTHORIZING 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.
7.2 Authorize Vacation of Easements, Forster Preserve Plat 3
Public Works Director Moore presented the staff report on the proposed vacation
of drainage and utility easements within Lots 1 and 2, Block 1, Forster Preserve
Plat 3.
Mayor Tierney opened the public hearing. No one appeared, and the hearing was
closed.
Motion was made by Councilmember Johnson, seconded by Councilmember
Preus, to adopt RESOLUTION 98-389 AUTHORIZING THE VACATION
OF THE DRAINAGE AND UTILITY EASEMENTS WITHIN FORSTER
PRESERVE PLAT 3. Motion carried, seven ayes.
7.3 Authorize Vacation of Right—Of-Way, Parkview Ridge Addition
Public Works Director Moore presented the staff report on the proposed vacation
of a part of County Road 9 right-of-way from Minnesota Lane to Juneau Lane
adjacent to Lots 1 through 9, Block 3, Parkview Ridge Addition.
Mayor Tierney opened the public hearing. No one appeared and the hearing was
closed.
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-390 AUTHORIZING VACATION OF
PART OF COUNTY ROAD 9 STREET RIGHT-OF-WAY WITHIN
PARKVIEW RIDGE. Motion carried, seven ayes.
7.4 Liquor Application for Erickson Oil Products, Inc.
Assistant City Manager Lueckert presented the staff report on the application of
Erickson Oil Products, Inc., d/b/a Freedom Valu Center, 12650 County Road 10,
for an off -sale 3.2 malt liquor license.
Mayor Tierney opened the public hearing.
David Erickson, representing Erickson Oil Products, was present to respond to
questions.
Adopted City Council Minutes
June 24, 1998
Page 9
Councilmember Wold asked if the applicant is aware of the City's strict
enforcement of laws relating to sale of alcohol to minors. He encouraged Mr.
Erickson to work with the police department on training issues and said that strict
penalties will be imposed for violations.
Mr. Erickson said that he is familiar with the City's enforcement policy.
Mayor Tierney closed the hearing.
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 98-391 APPROVING OFF—SALE 3.2 MALT
LIQUOR LICENSE FOR ERICKSON OIL PRODUCTS, INC.
Councilmember Black said that she will abstain from voting. She believes that
liquor sales are inappropriate in a convenience/gas store due to the drive up nature
of the business and the drinking and driving laws.
Motion carried, six ayes; Black abstained.
8.1 Charter Amendment on Campaign Contributions
Motion was made by Councilmember Wold, seconded by Councilmember Black,
to adopt ORDINANCE 98-21 AMENDING THE PLYMOUTH CITY
CHARTER CONCERNING LIMITATIONS ON CONTRIBUTIONS AND
REPORTING CONTRIBUTIONS. Motion carried, seven ayes.
8.2 Association Free Lutheran Bible School (98042)
Motion was made by Councilmember Spigner, seconded by Councilmember
Black, to table the request for a land use guide plan amendment for an indefinite
time period, in order to provide the petitioner with the time needed to develop a
PUD (Planned Unit Development) application for the site.
Councilmember Johnson asked for clarification of the status of the motion.
Director Hurlburt said that a motion to deny the request is on the table from the
previous meeting. This motion would be tabled for an indefinite period of time,
and the applicant has withdrawn the rezoning application.
Motion carried, seven ayes.
8.3 BrewFarms LLC. (98027)
Community Development Director Hurlburt presented the staff report on the
request of Brewfarms LLC for rezoning, site plan, conditional use permit, and
variances for a restaurant and office building on property located on the west side
of Plymouth Blvd. between 34`x'
and 35th Avenues. The restaurant and parking
would be constructed as the first phase, followed by construction of an office
Adopted City Council Minutes
June 24, 1998
Page 10
building. A conditional use permit is needed for a liquor license. Director
Hurlburt said that the only remaining issue is the architecture of the building. The
applicant originally wanted a structure with an agricultural look. She showed the
final version of the plan which staff feels has the look of a country elevator. The
Planning Commission recommended approval of the plan as submitted by the
application; staff recommends an alternate plan with removal of the topmost
tower of the structure in order to make the plan more compatible with the City
Center guidelines.
Motion was made by Councilmember Black, seconded by Councilmember Preus,
to adopt ORDINANCE 98-22 AMENDING CHAPTER 21 (ZONING
ORDINANCE) OF THE CITY CODE TO CLASSIFY CERTAIN LAND
LOCATED ON THE WEST SIDE OF PLYMOUTH BOULEVARD NORTH
OF 34' AVENUE (98027), and RESOLUTION 98-392 APPROVING
FINDINGS OF FACT FOR REZONING OF PROPERTY LOCATED ON
THE WEST SIDE OF PLYMOUTH BOULEVARD NORTH OF 34TH
AVENUE (98027). Motion carried, seven ayes.
Motion was made by Councilmember Preus, seconded by Councilmember
Johnson, to adopt RESOLUTION 98-393 APPROVING A SITE PLAN,
CONDITIONAL USE PERMIT AND VARIANCES FOR BREWFARMS
LLC FOR PROPERTY LOCATED ON THE WEST SIDE OF PLYMOUTH
BOULEVARD BETWEEN 34TH AND 35' AVENUES (98027), Alternate A
as requested by the applicant and recommended by the Planning
Commission.
Councilmember Black said she will not support Alternate A. She understands that
this is the character of their business, but stated that Plymouth is no longer
agricultural. She is unsure that the image fits with the City Center plan.
Councilmember Johnson said that she also considered this issue, but believes that
it could bring character and style to the City Center. She said that residents have
commented that City Center looks just like every other recent commercial
development.
Councilmember Bildsoe stated that he has also heard from citizens that the City
Center needs more uniqueness in tenants. He noted that the applicant has spent a
great deal of time working on this project.
Councilmember Preus thanked the applicant for working with staff on the
proposal and said that this business will be a wonderful addition to City Center.
Councilmember Spigner asked about the purpose of the tower and said that she
likes the design.
Adopted City Council Minutes
June 24, 1998
Page 11
David Anderson, 18405 County Road 47, said the tower is an architectural detail
that will allow natural light into the building. He feels it gives the building
character and will attract people to the business.
Mayor Tierney added that it could be removed if a future tenant wanted to do so.
Motion carried, six ayes; Black nay.
8.4 Preliminary Plans and Specifications for Activity Center and Field House
Park Director Blank presented the staff report on the proposal to proceed with the
preparation of Phase 2 preliminary plans for the Activity Center and Field House.
Various users of the buildings will meet with the architect during this stage. If the
Council decides to proceed with the project after this stage, plans and
specifications will be prepared, along with cost estimates. He said that if the
project moves forward, mass grading could be done on the site late this fall, with
design of the building the remainder of the year. Bids could be taken in
December/January, and construction could commence in February or March, with
a 9 to 10 month construction proposed.
Motion was made by Councilmember Black, seconded by Councilmember
Spigner, to adopt RESOLUTION 98-394 AUTHORIZING PREPARATION
OF PHASE 2 PRELIMINARY PLANS FOR THE ACTIVITY CENTER
AND FIELD HOUSE PROJECT ON 34TH AVENUE BY DEL ERICKSON
AND ASSOCIATES, ARCHITECTS.
Councilmember Black said that Hennepin County has received a grant from the
State for green building design. This environmental design guide and rating
system for buildings includes such things as energy efficiency and handling of
waste. She requested that staff work with the County to determine if these
concepts could be used in these buildings.
Park Director Blank confirmed that staff will contact the County regarding this
program. He noted that staff is also receiving calls regarding accessibility of the
buildings.
Councilmember Bildsoe asked when plans would be received and the amount of
the architect costs.
Director Blank said preliminary plans are anticipated in 8 to 10 weeks, and the
architect cost is standard in the industry.
Councilmember Preus said that he felt uncomfortable prior to the referendum and
more uncomfortable since then. He said that this referendum had the lowest voter
turnout and closest vote in City history, and he believes the City Council made a
mistake. He said the proposed location is not favored by many people, and he
Adopted City Council Minutes
June 24, 1998
Page 12
suggested that the issue be reevaluated before it moves forward and gains
momentum. He will vote against the preparation of plans at this time.
Councilmember Wold said that prior referendum issues had active citizen groups
who campaigned on behalf of the issues. It is not reasonable to expect that same
level of campaigning from the groups impacted by this proposal — seniors and
youth. Councilmember Wold said that democracies are run by those who show up
to vote. This question passed, and he does not believe that the Council should
now redefine what a successful vote may be. He said that this project has
undergone study for more than three years by the Council and several task forces
and it has been discussed at many Council meetings. He believes the low turnout
is a sign that people believe the project is fine and there is no need to vote against
it.
Councilmember Preus said the Council could consider the possibility of an
alternate site. He said the voters authorized the Council to proceed, but the
Council should do so in the best possible and most responsible way. He said that
the correct location must be selected before the architect begins.
Councilmember Johnson also expressed disappointment with the low voter
turnout, but noted that the question passed. She said the issue was discussed in
the Sun Sailor and in city publications for over a year. She asked how the Council
would respond to the 51 percent of the people who carried the vote on the project
based on the location and design. Councilmember Johnson added that alternate
sites were considered, but the cost would have been much more.
Councilmember Black said she also has received resident feedback objecting to
the site. However, an alternate site would cost much more which would end the
project. She said the question passed based on the 34h Avenue location, and she
doesn't believe there are any other currently viable locations.
Councilmember Wold said the Activity Center Subcommittee determined that this
was the only adequate site in the City's inventory. Any other site would have cost
much more and would end the project.
Mayor Tierney agreed with Councilmember Wold. She said the initial site for the
Activity Center was adjacent to LifeTime Fitness; however, that was not workable
due to inadequate parking and loss of trees. The field house had been considered
at Wayzata High School, but a neutral site was believed to be better in order to
serve the City's four school districts. Also, moving forward with the field house
project at the high school, would have left the City without an Activity Center.
Councilmember Bildsoe said that he was not a supporter of the field house
location, but did support allowing the voters to decide the issue. He said the
citizens were given the opportunity to vote on spending their money, and their
Adopted City Council Minutes
June 24, 1998
Page 13
decision should not be changed by his personal view of the issue. It would be
wrong for the Council to consider changing the result of that vote, whether it
passed by one vote or by 10,000 votes.
Councilmember Preus said that this process was open, fair, and honest, and he is
not suggesting that the Council should undo what the voters have approved. He
said the voters did not vote on a site; they voted on approval of bonding for a field
house and activity center project. He believes that the Council should learn from
the voter turnout that many of the 49 percent who voted against the project did so
because of the proposed location. He believes it should be considered once again.
Councilmember Johnson said that this is the only site in the City's inventory, and
purchase of another site would end the project due to excessive cost.
Councilmember Black said that the Subcommittee considered alternative sites.
The site near the amphitheater was rejected due to inadequate parking and loss of
trees. Also, the field house could not have been built here. This site is in the
center of the City which is an important issue to the schools who will use the field
house. She believes that the project will not be done at all if it is not constructed
at this location.
Councilmember Spigner said that the people who oppose the 34th Avenue site tend
to oppose the field house on the site. She said that Plymouth has four school
districts which will be served by this facility and the central location is important.
Councilmember Bildsoe said that residents voted for or against the project with
the knowledge of where the project was proposed, even though the location was
not specified in the ballot language.
Henry Willegalle, 1525 Juneau Lane, encouraged the Council to move ahead. He
said that Plymouth seniors need a place to meet. He has lived here for 22 years
and there is still no place for seniors to meet. He would have preferred the
originally proposed location for the Activity Center, but it didn't work because of
parking and loss of trees. He was also disappointed with the low turnout, but
doesn't believe that Councilmember Preus should attempt to change the outcome
of the vote. He said that if the field house doesn't work on the site, the bubble can
be removed.
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to call the question. Motion carried, six ayes; Preus nay.
Councilmember Preus said that he believes the speaker's comments were unfair.
He also doesn't believe that the Council should call the question immediately
following a speaker's comments without giving him the opportunity to respond.
Adopted City Council Minutes
June 24, 1998
Page 14
Motion was made by Councilmember Johnson, seconded by Mayor Tierney, to
reconsider calling the question. Motion carried, seven ayes.
Councilmember Preus said that the Council can do better on this project and has a
fiduciary and moral obligation to do so. He asked that the Council consider the
issue and options again, and if the project cannot be done better, then it can move
forward. He is not attempting to stop the project, but rather to do it better.
Councilmember Johnson said that she does not believe the project can be done
better with the funds approved in the ballot question. Alternate sites would cost
much more. She asked how the project could be better.
Councilmember Preus said he doesn't know how to make it better, but his point is
that the Council should pause to consider it.
Motion carried, six ayes; Preus nay.
8.5 GEM Enterprises, Inc. (98073)
Community Development Director Hurlburt presented the staff report on the
application of GEM Enterprises, Inc., for a zoning ordinance amendment relating
to permitted uses in the C-2 and C-4 districts. GEM Enterprises operates the
Plymouth Shopping Center at 11255 Highway 55. They requested this
amendment to allow variety, book and stationery, fabric, furniture, and carpet
stores with less than 10,000 square feet of floor area in the C-2 zoning district.
Staff's initial recommendation was to approve book and stationery stores with less
than 3,000 square feet of floor area and variety stores, but to deny the request to
allow fabric, furniture and carpet stores in the C-2 district. Following the public
hearing, the Planning Commission recommended the ordinances as drafted by
staff with two changes: to increase the allowed size of book and stationery stores
from 3,000 square feet to 5,000 square feet, and to allow furniture stores with less
than 5,000 square feet in the C-2 district. Staff agrees with the first change, but
not with the recommendation regarding furniture stores. She said that the C-2
district is intended to serve the needs of the immediate neighborhood, and a
furniture store likely draws customers from a larger area and includes delivery,
pickup, and truck traffic.
She presented two alternative ordinances for Council consideration. Alternate A
is the staff recommendation which does not allow for the furniture store use, and
Alternate B is recommended by the Planning Commission which would allow
furniture stores up to 5,000 square feet in the C-2 district. She noted that this is a
zoning ordinance amendment and any change would impact all C-2 districts in the
City of Plymouth.
Councilmember Black asked if it is likely a furniture store of less than 5,000
square feet would be a potential tenant.
Adopted City Council Minutes
June 24, 1998
Page 15
Director Hurlburt said that while many of the furniture stores are very large, there
are some specialty stores that are smaller. For example, a furniture store could
sell only mattresses, children's furniture, or specialize in a specific line of
furniture.
Councilmember Preus noted there was a split vote at the Planning Commission
meeting.
Director Hurlburt said that there was a four to two vote on whether to include
furniture stores, but a unanimous vote on the overall amendment.
Councilmember Black asked if the furniture store is still considering this tenant
space.
Jerry Kennedy, 11255 Highway 55, said he and his brother have owned Plymouth
Shopping Center for 20 years. A furniture store is a potential tenant because there
are no furniture stores in Plymouth. He described difficulties in leasing space in
the shopping center. He said it is difficult to compete with the large stores such as
PetSmart and Home Depot, and the opening of Waterford Plaza also impacted
business at Plymouth Shopping Center. Welsh Companies and Griffith
Companies have been unsuccessful in finding tenants for the space. He said there
is a loading dock on the back of the center, with trees buffering the center from
residential properties. The center will soon have new signage, but he doesn't
believe that the center can be leased with C-2 uses. He said that expanded uses
are needed to compete in today's market.
Councilmember Johnson said that any change in the zoning ordinance would
impact all C-2 districts in the City. She asked if owners in other C-2 districts have
inquired about amending the allowable uses.
Director Hurlburt said that owners in other C-2 districts may have made inquiries
about mattress and carpet stores. There is also a bookstore in a C-2 district that is
currently nonconforming. She said that every permitted use in the C-1 district
would be allowed in the C-2 district, as well as the C-2 permitted and conditional
uses. When the new zoning ordinance was adopted, the property was placed in
the C-2 district because it was the closest to the existing uses in the shopping
center. The land adjacent to the shopping center is zoned C-3. She said that if the
Council finds that the impacts of a smaller furniture store would be different than
a large store, then it is probably find to allow it in the C-2 district. Staff believes
that issues of customer base, access, loading, and truck/van traffic would still be
an issue with a small furniture store.
Councilmember Spigner asked what research staff did on furniture stores.
Adopted City Council Minutes
June 24, 1998
Page 16
Director Hurlburt responded that staff studied existing similar uses and the related
zoning districts, characteristics of the merchandise carried in the store, and
characteristics related to loading/unloading.
Motion was made by Councilmember Spigner, seconded by Councilmember
Bildsoe, to adopt ORDINANCE AMENDING THE PLYMOUTH CITY
CODE, BY AMENDING CHAPTER 21 SECTION 21005 (DEFINITIONS),
SECTION 21460 (C-2, NEIGHBORHOOD COMMERCIAL DISTRICT),
SECTION 21470 (C-4, COMMUNITY COMMERCIAL DISTRICT) OF
THE PLYMOUTH CITY CODE (98073), with Alternate A as recommended
by staff, and RESOLUTION APPROVING FINDINGS OF FACT FOR
AMENDING SECTION 21005 (DEFINITIONS), SECTION 21460 (C-29
NEIGHBORHOOD COMMERCIAL) AND SECTION 21470 (C-4,
COMMUNITY COMMERCIAL) OF THE PLYMOUTH CITY CODE
98073).
Councilmember Spigner said that there are many C-2 areas in the community, and
she believes that neighborhood businesses need to be maintained. She does not
support allowing furniture and carpet stores because the City would not have
control over the type of store, and she believes that their character can pose
problems for residential neighborhoods. She supports allowing stationery, book,
and variety stores in the C-2 district.
Councilmember Johnson asked if furniture stores of less than 5,000 square feet
could be allowed as a conditional use in the C-2 district.
Director Hurlburt said this is possible, but the burden of proof is on the City
through development of specific standards relating to the furniture store and
criteria to deny a request. She believes that specific criteria related to land use
impacts would be needed.
Motion to amend was made by Councilmember Preus, seconded by
Councilmember Johnson, to substitute Alternate B as recommended by the
Planning Commission.
Councilmember Preus said that the limit of 5,000 square feet for a furniture store
would control the size and traffic impacts. He believes it would be compatible
with other neighborhood uses. He noted that paint/wallpaper stores, sporting
goods stores, plumbing, television/radio stores are permitted uses in the C-2
district and all draw customers from more than a neighborhood area.
Councilmember Black agreed that a furniture store may compliment other C-2
permitted uses, but expressed concern about traffic impacts in some C-2 areas of
the City.
Adopted City Council Minutes
June 24, 1998
Page 17
Mayor Tierney said that she would support the furniture store use as a conditional
use in the C-2 district because issues of traffic and buffering could be addressed.
Councilmember Spigner supported the furniture store as a conditional use. She
believes a furniture store is appropriate on this site, but could present problems in
other C-2 sites in Plymouth. She suggested amending the zoning ordinance to add
the proposed uses other than the furniture store in the C-2 district. If the applicant
cannot lease space, the Council can consider the addition of furniture stores as a
conditional use.
Brief discussion was held on the type of standards that could be developed to
address truck traffic, access, hours of operation, delivery hours, lighting, loading,
screening, etc. She recommended that the size limit be placed in the ordinance,
with the standards to address other issues.
Motion was made by Councilmember Johnson, seconded by Councilmember
Bildsoe, to postpone the issue until July 8 and to direct staff to draft an alternative
for a conditional use for furniture store use in the C-2 district.
Motion to postpone failed: Bildsoe, Johnson, and Tierney ayes; Black, Wold,
Preus, Spigner nays.
Motion was made by Councilmember Preus, seconded by Councilmember Black,
to call the question on alternate B. Motion carried, seven ayes.
Motion to adopt alternate B failed: Preus aye; six nays.
Motion was made by Councilmember Black, seconded by Councilmember
Spigner, to call the question on alternate A. Motion carried, seven ayes.
Motion to adopt alternate A failed: Black, Bildsoe, Wold, and Spigner ayes;
Johnson, Preus, and Tierney nays. Mayor Tierney noted that five affirmative
votes were needed for passage.
Motion was made by Councilmember Preus, seconded by Councilmember Wold,
to reconsider the motion to postpone the issue to July 8 and direct staff to prepare
an alternate for furniture store as a conditional use permit in the C-2 district.
Motion to reconsider carried: five ayes; Black and Spigner nays.
Motion to postpone to July 8 carried, six ayes; Spigner abstained.
Motion carried, seven ayes.
Adopted City Council Minutes
June 24, 1998
Page 18
8.6 Budget Study Sessions
Discussion was held on available dates for conducting special council meetings
on the proposed 1999 budget.
Motion was made by Councilmember Wold, seconded by Councilmember
Bildsoe, to set special council meetings for August 20 and August 26 at 7 p.m. for
discussion of the proposed 1999 budget.
Manager Johnson said that September 15 is the legal deadline for submission of
the preliminary levy amount to the County, and September 2 is the last regular
meeting prior to that date. However, an additional special meeting could be called
if another meeting is needed on the budget.
Motion carried, seven ayes.
Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to
adjourn the meeting at 9:30 p.m. Motion carried, seven ayes.
ra&ie Ahrens
City Clerk