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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