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HomeMy WebLinkAboutCity Council Minutes 08-19-1998Adopted Minutes Regular Council Meeting August 19, 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 August 19, 1998. COUNCIL PRESENT: Mayor Tierney; Councilmembers Black, Bildsoe, Wold, Johnson, Preus, and Spigner. 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 City Clerk Ahrens. 3 Forum - Plymouth Westside Players Constance Carlson, 14500 30 Avenue North #316, said the Plymouth Westside Players will be presenting "Meet Me in St. Louis" during October. She requested financial support for this production. Mayor Tierney explained that the City Council has scheduled budget study sessions and the issue will be referred for consideration. 4.1 Vision of Glory Lutheran Church Recognition Public Safety Director introduced Billie Goodman of the Plymouth Crime and Fire Prevention Fund and Reverend Tom Parrish of Vision of Glory Lutheran Church. The City Council recognized the church's recent donation of $3,100 to the Crime and Fire Prevention Fund. 4.2 Plymouth Soccer Association Travel Club Recognition The City Council recognized the Plymouth Soccer Association Travel Club. Coaches Rod Hillstrom, Peter Ruth, and Wayne Vagts thanked the City for its support which has allowed the Club to grow from 700 to 2,700 participants. It is the largest single sports organization in the metro area. The Council also recognized participants in the Youth 14 championship team and other state finalist teams. 4.3 "Plymouth on Parade" Update Karol Greupner presented information on "Plymouth on Parade", the 1998 Fall City Celebration. Adopted City Council Minutes August 19, 1998 Page 2 5 Approve Agenda Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to approve the agenda. Motion carried, seven ayes. 6 Consent Agenda Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to approve the Consent Agenda. Councilmembers Johnson, Wold, and Bildsoe registered "nay" votes on Item 6.4, tobacco license for Arkady's Market. Motion carried, seven ayes. 6.1 Approve Minutes Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to approve the proposed minutes for the July 22 and August 5 regular meetings. Motion carried, seven ayes. 6.2 Approve Disbursements Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-479 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING AUGUST 7,1998. Motion carried, seven ayes. 6.3 Election Judge Appointments Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-480 APPOINTING ELECTION JUDGES FOR PRIMARY AND GENERAL ELECTIONS. Motion carried, seven ayes. 6.4 Tobacco License for Arkady's Market Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-481 APPROVING TOBACCO LICENSE FOR FAINA ALBERT D/B/A ARKADY'S MARKET. Motion carried: Preus, Spigner, Black, and Tierney ayes; Bildsoe, Wold, and Johnson nays. 6.5 Tax Increment Bonds and General Obligation Housing Improvement Bonds Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-482 AUTHORIZING SOLICITATION OF BIDS FOR SALE OF $2,900,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1998A. Motion carried, seven ayes. Adopted City Council Minutes August 19, 1998 Page 3 Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-483 AUTHORIZING SOLICITATION OF BIDS FOR SALE OF TAXABLE GENERAL OBLIGATION HOUSING IMPROVEMENT BONDS, SERIES 1998B. Motion carried, seven ayes. 6.6 Amendment of Park Dedication Policy Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-484 AMENDING POLICY ADOPTING STANDARDS AND GUIDELINES FOR DETERMINING THAT PORTION OF LAND BEING PLATTED, SUBDIVIDED OR DEVELOPED WHICH IS TO BE CONVEYED OR DEDICATED TO THE PUBLIC FOR PARK OR PLAYGROUND PURPOSES OR WITH RESPECT TO WHICH CASE IS TO BE CONTRIBUTED TO THE CITY IN LIEU OF SUCH CONVEYANCE OR DEDICATION, ALL AS PROVIDED BY SECTION 500.25 OF CHAPTER V OF THE CITY CODE. Motion carried, seven ayes. 6.7.1 Petition for Natural Preserve at 18930 31" Avenue North Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-485 DESIGNATING A NATURAL PRESERVE PURSUANT TO PLYMOUTH CITY CODE SECTION 810. Motion carried, seven ayes. 6.7.2 Petition for Natural Preserve at 10705 50`h Avenue North Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-486 DESIGNATING A NATURAL PRESERVE PURSUANT TO PLYMOUTH CITY CODE SECTION 810. Motion carried, seven ayes. 6.8 Chesapeake Companies (98068 & 98069) Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-487 APPROVING A SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCES FOR CHESAPEAKE COMPANIES FOR A RESTAURANT BUILDING (DOOLITTLES AIR CAFE) ON PROPERTY LOCATED NORTH OF HIGHWAY 55, SOUTHWEST OF 34TH AVENUE, AND EAST OF VICKSBURG (98068). Motion carried, seven ayes. Adopted City Council Minutes August 19, 1998 Page 4 Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-488 APPROVING A SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCES FOR CHESAPEAKE COMPANIES FOR A RESTAURANT BUILDING (VIDEO UPDATE) ON PROPERTY LOCATED NORTH OF HIGHWAY 55, SOUTHWEST OF 34TH AVENUE, AND EAST OF VICKSBURG (98069). Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-489 APPROVING LOT DIVISION FOR CHESAPEAKE COMPANIES FOR PROPERTY LOCATED NORTH OF HIGHWAY 55, SOUTHWEST OF 34TH AVENUE, AND EAST OF VICKSBURG LANE (98068). Motion carried, seven ayes. 6.9 Thermogas Company, Site Plan Amendment (98020) Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-490 APPROVING A SITE PLAN AMENDMENT FOR A PROPANE TANK AND AN INTERIM USE PERMIT TO REDUCE THE NUMBER OF REQUIRED PARKING STALLS LOCATED AT 3005 NIAGARA LANE N. (98020). Motion carried, seven ayes. 6.10 Janco, Inc., Bridgid Glen (98063-F) Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-491 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR JANCO, INC. FOR BRIDGID GLEN ADDITION, LOCATED SOUTHEAST OF SCHMIDT LAKE ROAD AND NORTHWEST BOULEVARD (98063-F). Motion carried, seven ayes. 6.11 National McGruff Truck Program Agreement Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to authorize the City Manager to enter into an agreement for participation in the National McGruff Truck Program. Motion carried, seven ayes. 6.12 Reduction in Required Financial Guarantee Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-492 REDUCING REQUIRED FINANCIAL GUARANTEE, ROUNDS ADDITION (95035). Motion carried, seven ayes. Adopted City Council Minutes August 19, 1998 Page 5 6.13 Installation of Stop Signs at Various Locations Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-493 INSTALLATION OF STOP SIGNS AT VARIOUS LOCATIONS. Motion carried, seven ayes. 6.14 Payment No. 5 and Change Order No. 2, City Project No. 7002 Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-494 APPROVING CHANGE ORDER NO. 2, CIMMARON EAST RECONSTRUCTION PROJECT, CITY PROJECT NO. 7002. Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-495 REQUEST FOR PAYMENT NO.5 AND FINAL, CIMMARON EAST STREET RECONSTRUCTION PROJECT, CITY PROJECT NO. 7002. Motion carried, seven ayes. 6.15 Order Public Hearing on Vacation of Easements Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-496 ORDERING PUBLIC HEARING ON THE VACATION OF GAYLORD AVENUE ROAD RIGHT-OF-WAY, PRIME WEST BUSINESS PARK. Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-497 ORDERING PUBLIC HEARING ON THE VACATION OF GAYLORD AVENUE ROAD RIGHT-OF-WAY, SCHIEBE'S HIGHLAND VIEW ADDITION. Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-498 ORDERING PUBLIC HEARING ON THE VACATION OF DRAINAGE AND UTILITY EASEMENTS WITHIN OUTLOT B, PRIME WEST BUSINESS PARK. Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-499 ORDERING PUBLIC HEARING ON THE VACATION OF DRAINAGE AND UTILITY EASEMENTS WITHIN OUTLOT B, PRIME WEST BUSINESS PARK. Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-500 ORDERING PUBLIC HEARING ON THE VACATION OF DRAINAGE AND UTILITY EASEMENTS WITHIN OUTLOT B, PRIME WEST BUSINESS PARK. Motion carried, seven ayes. Adopted City Council Minutes August 19, 1998 Page 6 6.16 Order Public Hearing for Vacation of Drainage Easements Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-501 ORDERING PUBLIC HEARING ON THE VACATION OF THE DRAINAGE AND UTILITY EASEMENT WITHIN BASS LAKE CORPORATE CENTER ADDITION, BASS CREEK BUSINESS PARK ADDITION, BASS BUSINESS CREEK PARK 2"D ADDITION AND BASS CREEK BUSINESS PARK 3RD ADDITION. Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-502 ORDERING PUBLIC HEARING ON THE VACATION OF PART OF THE DRAINAGE EASEMENT FOR PONDING PURPOSES IN BASS LAKE CORPORATE CENTER ADDITION, BASS CREEK BUSINESS PARK ADDITION, BASS CREEK BUSINESS PARK 2"D ADDITION, BASS CREEK BUSINESS PARK 3RD ADDITION. Motion carried, seven ayes. 6.17 Holly Creek Village Street Light Project Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-503 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING, HOLLY CREEK VILLAGE. Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-504 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING, HOLLY CREEK VILLAGE. Motion carried, seven ayes. 6.18 Special Assessments, City Project No. 7001 Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-505 FOR HEARING ON PROPOSED ASSESSMENT, 1997 STREET RECONSTRUCTION PROGRAM, CITY PROJECT NO. 7001— HARBOR LANE. Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-506 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, 1997 STREET RECONSTRUCTION PROGRAM, CITY PROJECT NO. 7001— HARBOR LANE. Motion carried, seven ayes. Adopted City Council Minutes August 19, 1998 Page 7 6.19 Curbside and Drop-off Recycling Collection Contract Extension Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-507 APPROVE TWO-YEAR CONTRACT EXTENSION WITH WASTE MANAGEMENT -SAVAGE, INC. FOR CURBSIDE AND DROP-OFF RECYCLING SERVICES. Motion carried, seven ayes. 6.20 Hollydale Golf, Inc., (98121) Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-508 APPROVING CONDITIONAL USE PERMIT AND SITE PLAN AMENDMENT FOR HOLLYDALE GOLF, INC. LOCATED AT 4710 HOLLY LANE NORTH (98121). Motion carried, seven ayes. 6.21 Shawn Gardner, Zoning Ordinance Text Amendment (98122) Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt ORDINANCE 98-27 AMENDING THE PLYMOUTH CITY CODE, BY AMENDING CHAPTER 21, O -R (OFFICE/RESIDENTIAL) ZONING DISTRICT (98122). Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-509 APPROVING FINDINGS OF FACT FOR AMENDING SECTION 21450 (O -R, OFFICE/RESIDENTIAL) OF THE PLYMOUTH CITY CODE (98122). Motion carried, seven ayes. 6.22 Martin Leeper (98123) Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-510 APPROVING LOT DIVISION/LOT CONSOLIDATION AND VARIANCE FOR MARTIN LEEPER FOR PROPERTY LOCATED AT 5455 JUNEAU LANE NORTH AND 5525 JUNEAU LANE NORTH (98123). Motion carried, seven ayes. 6.23 Amend West Medicine Lake Community Club Liquor License Conditions Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-511 AMENDING CONDITION OF APPROVAL FOR LIQUOR LICENSES ISSUED TO THE WEST MEDICINE LAKE COMMUNITY CLUB. Motion carried, seven ayes. 7.1 Authorize Vacation of Easements and a part of Schmidt Lake Road Public Works Director Moore presented the staff report on the proposed vacation of drainage and utility easements and a portion of Schmidt Lake Road in Silverthorne Addition. Adopted City Council Minutes August 19, 1998 Page 8 Mayor Tierney opened the public hearing at 7:37 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Black, seconded by Councilmember Johnson, to adopt RESOLUTION 98-512 AUTHORIZING THE VACATION OF SCHMIDT LAKE ROAD STREET RIGHT-OF-WAY, SILVERTHORNE ADDITION. Motion carried, seven ayes. Motion was made by Councilmember Black, seconded by Councilmember Johnson, to adopt RESOLUTION 98-513 AUTHORIZING THE VACATION OF A CERTAIN DRAINAGE AND UTILITY EASEMENT WITHIN OUTLOT F - SILVERTHORNE ADDITION. Motion carried, seven ayes. 7.2 Cellar Wines and Spirits of Plymouth, Liquor License City Clerk Ahrens presented the staff report on the application of Cellars Wine & Spirits, Inc., for an off -sale intoxicating liquor license at Lot 1, Block 1, Plymouth Station. Mayor Tierney opened the public hearing at 7:38 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-514 APPROVING OFF -SALE INTOXICATING LIQUOR LICENSE FOR CELLARS WINE & SPIRITS, INC., D/B/A CELLARS WINES & SPIRITS LOCATED AT LOT 1, BLOCK 1, PLYMOUTH STATION, MEDINA ROAD AND COUNTY ROAD 24. Motion carried, seven ayes. 7.3 Cliff Corporation, d/b/a Doolittles, On -Sale Intoxicating Liquor License City Clerk Ahrens presented the staff report on the application of Cliff Corporation doing business as Doolittles, 15655 34" Avenue. Mayor Tierney opened the public hearing at 7:39 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-515 APPROVING ON -SALE INTOXICATING AND SUNDAY LIQUOR LICENSES FOR CLIFF CORPORATION, D/B/A DOOLITTLES. Motion carried, seven ayes. Adopted City Council Minutes August 19, 1998 Page 9 7.4 Off -Sale 3.2 Malt Liquor License for Holiday Stationstore #107 City Clerk Ahrens presented the staff report on the application of Holiday Stationstores # 107 and # 140 for off -sale 3.2 malt liquor licenses due to change in ownership. Mayor Tierney opened the public hearing at 7:42 p.m. on the application of Holiday Stationstores, Inc., for an off -sale 3.2 malt liquor license at 3020 Fernbrook Lane. No one appeared, and the hearing was closed. Motion was made by Councilmember Johnson, seconded by Councilmember Preus, to adopt RESOLUTION 98-516 APPROVING OFF -SALE 3.2 MALT LIQUOR LICENSE FOR HOLIDAY STATIONSTORES, INC., FOR HOLIDAY STATIONSTORE #107,3020 FERNBROOK LANE. Motion carried, six ayes; Black nay. Councilmember Bildsoe said that he would like to discuss Councilmember Black's argument for her nay votes on these types of liquor applications at license renewal time so that all licensees are treated the same. 7.5 Off -Sale 3.2 Malt Liquor License for Holiday Stationstore #140 Mayor Tierney opened the public hearing at 7:45 p.m. on the application of Holiday Stationstores, Inc., for an off -sale 3.2 malt liquor license at 189 Cheshire Lane. No one appeared and the hearing was closed. Motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to adopt RESOLUTION 98-517 APPROVING OFF -SALE 3.2 MALT LIQUOR LICENSE FOR HOLIDAY STATIONSTORES, INC., FOR HOLIDAY STATIONSTORE #140,189 CHESHIRE LANE. Motion carried, six ayes; Black nay. 8.1 Street Lighting Petition, Cavanaugh Addition Public Works Director Moore explained that following the street reconstruction project in the Cavanaugh Addition, the City was contacted by a property owner regarding street light installation. The City subsequently received a petition requesting installation of street lights in the Cavanaugh area which was signed by 48 percent of the affected property owners. After receiving the petition, the City requested that NSP prepare a design and cost estimate for the installation of street lights. A second petition was then received opposing the installation of street lights. Director Moore said that several people who signed the petition against the street lighting indicated that they had signed the original petition but were now against the street lights. Based on the latest petition, 29 percent of the property owners favor the street lights and 47 percent are against the street lights. He Adopted City Council Minutes August 19, 1998 Page 10 suggested that a public hearing not be held to consider the installation of street lights in the Cavanaugh Addition unless a new petition is received from at least 60 percent of the property owners in favor of the installation. Ione Botts, 3305 Lanewood Lane, spoke in opposition to street lighting in Cavanaugh Addition. She said that residents are generally opposed to street lights because this is a secluded area with little traffic so safety is not an issue, and some residents enjoy astronomy. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 98-518 PETITION FOR/AGAINST STREET LIGHTING IN CAVANAUGH ADDITION. Motion carried, seven ayes. 8.2 Reconsideration of Harstad Hills Inc., Applications (98018) Community Development Director Hurlburt introduced the reconsideration of applications of Harstad Hills, Inc., for Preliminary Plat, Land Use Guide Plan Amendment from CO to C and Rezoning from O -R to C-3 for a development to be platted as "Sugar Hills 5''' Addition." The proposed plat covers the entire 26 - acre site located south of 36`h Avenue, north of Highway 55, and west of Vicksburg Lane, and the reguiding and rezoning cover a portion of the site along Highway 55. Director Hurlburt described the history of actions relating to the site and noted that two motions are currently before the City Council: 1) RESOLUTION TO DENY THE LAND USE GUIDE PLAN AMENDMENT FROM CO TO C AND DENYING A REZONING FROM O -R TO C-3, and 2) RESOLUTION APPROVING A PRELIMINARY PLAT FOR SUGAR HILLS 5TH ADDITION. Director Hurlburt said that new information has been received from Bruce and Ronnie Johnson, and from Sathre-Bergquist, Inc. She said the applicant offers to provide a conservation easement along the northerly 100 feet of the property in exchange for the City rezoning and reguiding the site and agreeing to provide access to the site from the proposed 35th Avenue. Director Hurlburt said that while the City cannot require a conservation easement as a condition of a rezoning or reguiding, it could be included in the preliminary plat approval resolution as a voluntary issue for the applicant. Director Hurlburt said that when this area was originally platted, full access was not available to the site from Vicksburg Lane. The site was guided for office uses only and a right-in/right out access was allowed from Vicksburg Lane. A full Vicksburg Lane access is now the best for the site due to the City Center planning and the upgrades to Vicksburg Lane, whether or not 35t' Avenue is built. Director Hurlburt said the City controls the designation of appropriate access to this Adopted City Council Minutes August 19, 1998 Page 11 property, and it is not necessary for the City to trade anything to ensure that will happen. Staff does not believe that the Sathre-Bergquist letter addresses all concerns relating to the parcel. Director Hurlburt said that discussion has been held regarding the intensity of the use of the corner parcel of the proposed plat. The sketch plan included in the application does not provide adequate stacking distance and would have to be modified. She recommended that the Council deny the reguiding from CO to C and deny the preliminary plat. Since the Council's previous approval of the preliminary plat, the applicant has indicated that the preliminary plat conditions are not acceptable without the reguiding and rezoning. She said that no sketch plan review has been done on the site, but the preliminary review of the sketch plan supplied with the application indicates that there would be problems with traffic circulation and access. Also, the uses indicated on the sketch plan are speculative. Councilmember Preus asked when and why staff changed its recommendation on the preliminary plat and whether this has been communicated to the petitioner. Director Hurlburt responded that she spoke with a representative of the petitioner this morning. When the preliminary plat was previously considered by the Council, staff suggested a number of alternatives. She said that staff has looked closer at the plan, and the applicant has indicated they do not wish to proceed with the plat without the reguiding and rezoning. Councilmember Preus asked whether the proposed building on the southwest portion of the site, which is acceptable under the current zoning, would also be acceptable under Commercial zoning. Director Hurlburt responded yes. Councilmember Wold asked if stacking is really a problem since all traffic would be stopped for funeral processions with the construction of a funeral home on this lot. Director Hurlburt said that even with one car exiting the site, the driveway layout indicated on the sketch plan would not be acceptable. This inadequacy was indicated to the applicant very early in the submission process; however, since the site plan was not before the City there was no formal review. The issue of the site plan is not before the Council now, except to consider the possible accesses to the lot. In response to a question from Councilmember Johnson, Director Hurlburt said that the applicant had the option to submit a site plan with the plat but chose not to do so. Adopted City Council Minutes August 19, 1998 Page 12 Rick Sathre, Sathre-Bergquist, represented Harstad Hills, Inc. He said that Harstad is committed to saving the tree area on the site if the reguiding and rezoning is approved. He requested approval of the Harstad Hills, Inc., applications and the preliminary plat to allow the Washburn McCreavy use on the site. Mr. Sathre said there are no other proposed uses for the site at this time. Councilmember Preus asked if the proposed permanent conservation easement is tied to the request for reguiding and rezoning. He also asked what will happen if the reguiding and rezoning are not approved. Mr. Sathre said that the applicant is proposing the conservation easement only if the reguiding and rezoning is approved. The applicant wants to work with the neighborhood, but believes the tree area may have to be breached for access. They also would not want the conservation easement tied to the property in the event that the property has to be sold. Councilmember Preus asked if there is anything pending which could have an impact on the Council's decision. Mr. Sathre said that the Council has all information now available. The granting of the review deadline extension was to give the Council another month to reconsider the issue. Councilmember Johnson said that she had indicated she would reconsider the issue if the applicant agreed to extend the review deadline. Councilmember Bildsoe said that he thought the Council would receive new information this evening related to the project. He also asked why the tree area may be breached. Mr. Sathre explained that in the original PUD approval, there was no access to Vicksburg Lane for the site. Mr. Harstad made a significant financial investment in building Vicksburg Lane and 36`' Avenue. He said that the applicant had understood that access to the site would come from 36' Avenue unless a more intense land use was approved by the City. He said the site cannot support more infrastructure cost, without the increase in property value that would result from a more intense use of the property. The residents in the area want the traffic moved off of 36 b Avenue and the tree area saved. In return for that, Harstad Hills wants a more intense use of a portion of the property. If the reguiding and rezoning are not approved, then they would go back to 3Ob Avenue as the access to the site. He said it be unreasonable for the City to force the project to become not economically viable, and the office -residential use cannot support more costs. Adopted City Council Minutes August 19, 1998 Page 13 Councilmember Bildsoe asked staff to explain the rationale for the assessments to Harstad for 36th Avenue and Vicksburg Lane. Director Moore responded that the City did not construct 36`h Avenue. It was constructed by the developer with all right-of-way within the development, and all part of their project costs. He said the City improved Vicksburg Lane in 1980, but that was before ownership by this applicant. The developer was required to make a left -turn lane modification at 37" Avenue and Vicksburg Lane in order to get access to their development. If the access is constructed at 35t` Avenue, the developer will be required to install a left -turn and right -turn lane from Vicksburg Lane. Mr. Sathre said that because they are unsure of users on the site, they want to preserve options relating to site access. He said the formerly approved concept plan for the PUD indicates a significant office complex on the site, with access from 36`' Avenue. In response to a question by Councilmember Black, Director Moore said the project was approved prior to the effective date of the Wetland Conservation Act. Councilmember Johnson noted that a funeral home would be allowed in the existing O -R District, but asked how the funeral home would have access without the reguiding and rezoning. Mr. Sathre said the project is viewed as a package. It is unlikely that the funeral home project will proceed without the reguiding and rezoning approval. City Manager Johnson asked if it might be possible to rezone a different portion of the site in order to make the project economically viable. Mr. Sathre responded that the Highway 55 frontage would be the most visible and the best retail sites to bring the greater values to support the site. He explained that the sketch plan identified possible users of the site so the traffic studies could be conducted. Councilmember Spigner asked if Harstad Hills developed the Sugar Hills residential property. She said that if Harstad developed the residential property and knew of the future adjacent commercial development, they should have taken steps to respect and protect the residential neighborhood. She believes that the retention of the 100 foot strip of trees should be part of Harstad's good will with the neighbors, irrespective of the reguiding and rezoning issue. Adopted City Council Minutes August 19, 1998 Page 14 Mr. Sathre verified that Harstad Hills was the applicant for the Sugar Hills development. He said it was anticipated that Council approval would only be granted for some sort of office site on the adjacent parcel, until the City Center area was reguided several years ago. He said that Harstad has good communication with the residential neighbors, and berming, buffering, and screening is important. Harstad may have found another way to buffer the residential neighborhood, other than establishing 100 feet as a conservation area. Mr. Sathre said that Harstad is willing to establish the conservation easement in exchange for the reguiding and rezoning. Councilmember Black said she does not believe the requested rezoning to C-3 is consistent with the City Center guiding because it could allow gas stations and drive-through restaurants as conditional uses. Mr. Sathre said that in the early 1990's, there was a proposal for a Walmart on this site. With the City planning of the City Center area, the City started to promote a more intense use of "downtown Plymouth". He said the residential neighborhood requested that Harstad move the 36`' Avenue access to 35d' Avenue. Harstad needs more intense uses on the site through reguiding and rezoning in order to economically support additional infrastructure. John Edson, 4835 Forestview Lane, represented Washburn McCreavy. He explained that when Harstad Hills proposed Sugar Hills, no City Center existed and 36' Avenue was constructed to provide access to this property. He said that Harstad has now clearly committed to establish the 100 foot conservation easement on the site in order to protect the residential area and preserve the trees. Mr. Edson said the project proposed by Washburn McCreavy is similar to their Eden Prairie business with the addition of a large pond and fountain in front of the building. He said this project would be a good gateway to Plymouth; more so than the theater across the street from the site. Mr. Harstad submitted the development proposal to the City on February 6. Prior to the submission, Mr. Edson met with staff to review the proposed plan. He requested to be included in the process regarding the site, but was not advised of the proposed rezoning of the Washburn site until the Planning Commission meeting. Mr. Edson said that this evening is the first time they have heard there may be a problem with the site access relating to vehicle stacking. He said that if the Council denies the Harstad Hills reguiding and rezoning requests, the Washburn McCreavy project dies due to lack of access. He doubted that there would be a stacking problem because of the low traffic impact and off-peak hour traffic of the funeral home use. Mr. Edson said that a drive-through use is a conditional use in the O -R District; therefore, the Council could prevent a drive-through bank or restaurant from locating on the site. Adopted City Council Minutes August 19, 1998 Page 15 Councilmember Preus asked why the three lots would be better guided and zoned as commercial, rather than the existing O -R zoning. John Edson said that it not a question of what is better, but rather relates to the economic issues of development. He said that Harstad is trying to plan a development that integrates with the surrounding area which includes expensive residential, street transition, a 100' tree buffer, less intense commercial uses, and intense commercial uses abutting the highway. He is also trying to increase the value of the property to result in a viable development. The alternative is to retain the existing zoning and the property may be sold for office uses. Steve Eldredge, 16125 37th Avenue North, presented a letter from Jeff Pepski, 3630 Yuma Lane, objecting to reconsideration of the Harstad Hills requests. Mr. Eldredge said the residential neighbors want to be good neighbors relating to development, but there has been little recent contact between the developer and the Sugar Hills residential properties. He questioned why the issue is being reconsidered and asked whether notice of the reconsideration was provided. Councilmember Johnson explained why she supported reconsideration of the Harstad requests. She had concerns with the Council denying the reguiding and rezoning requests, but approving the preliminary plat. She also wanted to give the developer the opportunity to address issues relating to the proposed development, and staff has changed its recommendation on the preliminary plat application. Director Hurlburt said that notification of the reconsideration was done to all residents who submitted a letter or spoke at a previous public meeting on the issue. She explained that staff amended its recommendation on the preliminary plat when the developer indicated that the conditions placed on the preliminary plat approval are unacceptable. Without the conditions, the plat does not meet the City standards and the Council has grounds to deny the request. Director Hurlburt said that since no site plan has been submitted for the property abutting 36`' Avenue, it is not possible to determine what buffer is needed. She said that staff communicated to the applicant early in the process that the driveway nearest to Vicksburg Lane was not appropriate. Staff assumed that the applicant was communicating this information with the purchaser. She said that the driveway shown on the sketch would not be acceptable for any use, irrespective of the amount of traffic from the site. Councilmember Wold reminded the Council that there is a motion on the table to deny the reguiding and rezoning and to approve the preliminary plat. Councilmember Wold said he will vote against the motion to deny the land use guide plan amendment. He believes the City has the opportunity to protect the 100 tree buffer and to ensure that traffic access will not be on 36th Avenue. The Adopted City Council Minutes August 19, 1998 Page 16 developer is trying to develop an affordable project. If the Council denies the requests, Harstad will likely sell the property, and a future owner will have no connection or obligation to the residential neighborhood. He also expressed concern about possible permitted uses on the site. Councilmember Black said she has no concerns with the proposed funeral home on the site, but believes the C-3 zoning is unacceptable and not compatible with the City Center area. She believes that the 100 foot strip of trees are a natural resource and should not be removed regardless of whether the property is reguided. She believes that the City has control over the location for the access to the site. Councilmember Johnson asked the applicant to comment on the status of the trees if the reguiding and rezoning is not approved. Martin Harstad, 1141 Black Oak Drive, New Brighton, said he has never threatened to cut the trees. He offered the 100 -foot conservation easement as a compromise, and he has no intention of cutting down the trees unless necessary. His understanding is that under an O -R zoning, only a 50 -foot setback would be required for a parking lot or office building. This proposal would ensure a 100 - foot setback. Councilmember Preus said that the trees need to be preserved and will serve as a nice transition. It is unknown what will occur on the site if the reguiding and rezoning are denied, and Mr. Harstad could sell the property. He said the City currently has no legal right to force the preservation of the trees. Councilmember Preus said it took decades for the City Center area to develop, and a similar scenario could occur with this parcel. He encouraged the Council to focus on whether a rezoning from O -R to C would be the best means for attaining worthwhile development of the property. He will vote against the motion to deny the reguiding and rezoning. Councilmember Johnson said that it is unknown what will develop on the site with the reguiding and rezoning. The only known proposed use is a funeral home. Councilmember Spigner asked if the applicant would have to wait for six months to submit a new plan if it is denied by the Council. Community Development Director Hurlburt responded that the applicant cannot submit substantially the same application, but could submit a different application including the funeral home. She noted that the funeral home is not part of this application. Adopted City Council Minutes August 19, 1998 Page 17 Mayor Tierney called for a roll call vote on RESOLUTION 98-519 DENYING LAND USE GUIDE PLAN AMENDMENT AND REZONING FOR HARSTAD HILLS, INC., FOR PROPERTY LOCATED NORTHWEST OF HIGHWAY 55 AND VICKSBURG LANE NORTH (98018). Motion carried, five ayes; Wold and Preus nays. Mayor Tierney called for a roll call vote on the RESOLUTION APPROVING PRELIMINARY PLAT FOR HARSTAD HILLS, INC., FOR PROPERTY LOCATED NORTH OF HIGHWAY 55, WEST OF VICKSBURG LANE, AND SOUTH OF 36TH AVENUE (98018). Substitute motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to adopt RESOLUTION 98-520 DENYING PRELIMINARY PLAT FOR HARSTAD HILLS, INC., FOR PROPERTY LOCATED NORTH OF HIGHWAY 55, WEST OF VICKSBURG LANE, AND SOUTH OF 36TH AVENUE (98018). Councilmember Johnson said that she believes the preliminary plat should be denied because the developer has indicated that the conditions are unacceptable. Without the conditions, the project does not meet the City standards. Councilmember Bildsoe said that the tree preservation and providing the 35' Avenue access are important issues relating to the development. He said the process has been complicated because it is important what goes on the site. The City Council is trying to make the best decision for the entire City, as well as the residents who live near it. He said the Council will be very interested in what the applicant does next or what a new owner proposes for the property because of the importance of this intersection in the City. Councilmember Preus said he opposes the denial of the preliminary plat. He believes the rezoning/reguiding and the preliminary plat should be separately considered. The Council is carrying out a legislative function in considering the reguiding/rezoning, and a judicial function in considering the plat through interpretation of existing laws. Councilmember Johnson said that without the conditions, the preliminary plat does not meet the City standards. City Manager Johnson said the applicant would not willingly approve the changes to meet the City standards so the City is forced to consider the applicant's original application which does not meet the standards in a number of ways. Motion to substitute carried: six ayes; Preus nay. Adopted City Council Minutes August 19, 1998 Page 18 Motion to deny carried: five ayes; Preus and Wold nay. Mayor Tierney called a break. 8.3 Activity Center and Field House Projects Councilmember Preus explained that he believes the comments made at the Plymouth Forum on July 22 relating to the location of the Activity Center and Field House deserve attention by the City Council. Since it is late in the meeting, he suggested that the Council establish a future date to discuss the issue. Councilmember Spigner said the City Council has not received any petitions, but individuals are in the audience to discuss the issue and she believes it should be discussed this evening. Councilmember Johnson said that Mr. Resick previously presented information at the Forum, but he is not present at this meeting. Councilmember Bildsoe agreed that the Council should establish another meeting to discuss the Activity Center/Field House issue. He stated that this agenda item was brought forward by Councilmember Preus -- not Mr. Resick. Mr. Resick has about 800 to 1,000 petition signatures, but was not instructed to deliver the petition this evening. Councilmember Johnson said that people are present in the audience to hear the issue this evening. If it is not the intent of the Council to discuss the issue at this meeting, then a study session should have been requested by a Councilmember. Mayor Tierney said she had anticipated receiving petitions this evening. She suggested that at such time as a petition is submitted, the Council can determine how to address it. Councilmember Spigner again noted that residents have waited in the audience for hours to discuss this issue. She said that Mr. Resick knew this item was on the agenda, and he could have appeared to inform the Council of the status of the petition. Councilmember Preus suggested that it would be helpful to focus the discussion on the concerns addressed in the petition. He understands that the petition contains signatures from individuals who are primarily concerned about the location of the field house. He said the issue can be considered and alternatives considered in such away that it does not slow down the current project. Adopted City Council Minutes August 19, 1998 Page 19 Mayor Tierney said it would be helpful to know the content of the petition. Steve Eldridge, 16125 37`h Avenue North, said he has joined Tom Resick in gathering petition signatures. He is not opposed to the proposed facilities, but has concerns about additional traffic generated within one mile of his home. Many individuals are unsure how long they will stay in their homes because of the changes that have occurred in the area relating to the City Center development, Mann Theater, LifeTime Fitness, and Ice Center. He read the petition, "I am opposed to the construction of the activity center on the existing park land as currently planned." He also expressed concerns about the low voter turnout in the referendum that authorized the bond issue for the project. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to suspend the rules and extend the meeting to 10:15 p.m. Motion carried, seven ayes. Patti Doten, 11380 36' Place North, said that the proposed activity center/field house will take 5 acres of the 100 -acre park site and extensive landscaping is planned. She said there is an extensive park system in Plymouth, including 80 miles of trails. Ms. Doten stated that garbage has been dumped on the site, and the proposed use will enhance the site. If an alternate site is selected, the project could cost an additional $2 million, and the property would come off of the tax rolls. She said that although the referendum question did not specify the site, the mailings that were sent prior to the election described the site. Henry Willegalle, 1525 Juneau Lane North, thanked Tim Wold for heading the activity center/field house project. He said that if the location is changed, anew plan would have to be developed and environmental impacts would need to be studied. Through the referendum, voters supported the proposed plan, the site, and the project cost. Mr. Willegalle said that increased traffic is the result of population growth. He encouraged the Council to move ahead with the project. Bruce Johnson, 3715 Ximines Lane North, Athletic Director at Armstrong High School, spoke in favor of the project. He said the proposed site is the best available site in terms of a community -wide project. Councilmember Preus noted that the proposed site is centrally located in Plymouth. He asked if the specific location of the field house is important to individuals who participate in soccer. Mr. Johnson affirmed that the central location of the facility is very important. Residents living on the east side of Plymouth would have been hesitant to support the project if it was proposed in the northwest area of the City due to travel time, access, and equality between the school districts. Adopted City Council Minutes August 19, 1998 Page 20 Motion was made by Councilmember Wold, seconded by Councilmember Black, to suspend the rules and extend the meeting to 10:30 p.m. Motion carried, seven ayes. Councilmember Wold said that the intent of the petitioners may not be to eliminate the project. However, moving the project to an alternate location would result in an end to the project. He explained why the proposed location was selected for the project, as well as the reasons the alternate sites were eliminated. The election to authorize the project was held in May in order to take advantage of a favorable bidding climate. Councilmember Wold said that it is appropriate to build a park building on park property, and there have been a number of attempts to build this project for 22 years. The City previously purchased land to retain as open space and this site was not proposed for retention as open space. He believes that it is right to move forward with a project the voters favored in the referendum. Although the voter turnout was low, everyone had the opportunity to vote. The Council could have built the facilities without going to the voters, but the Council thought that it was important to have citizen support for the project. He said that over 90 percent of the Plymouth registered voters did not vote against the project and the will of the voters should prevail. Alternative sites have been carefully studied. Councilmember Johnson said that she has worked with staff to consider whether there are reasonable alternative locations for the field house. She believes that if the field house is moved to the Wayzata High School site, the City would likely receive additional petitions opposing moving the facility from the center of the City into District 284 and the northwest portion of Plymouth. She added that if the City purchases property upon which to build the field house, then property taxes will increase. She regrets that the voter turnout was so low in the May referendum, but said that all registered voters had an opportunity to cast their vote on the issue. Mayor Tierney said she is not certain that moving the field house to an alternative location would end the project or result in additional costs. She agreed that the project needs to move ahead in some location, and suggested that the Council move on to other issues because the Council has received no petition to consider. Councilmember Spigner said that Bruce Johnson spoke eloquently for residents living on the east side of Plymouth. She said that this central Plymouth location was proposed to ensure that all four school districts had equal opportunity to use the building. She is very concerned to learn that the petition being circulated expresses opposition to the activity center and not specifically to the field house. Councilmember Spigner was a member of the Activity Center Subcommittee, and she said that all available options were evaluated. Adopted City Council Minutes August 19, 1998 Page 21 Councilmember Preus said that if there are no reasonable alternative options, then the project should move ahead. However, he believes that the Council should listen to the residents' concerns about the proposed location. Councilmember Johnson said that she has listened to residents' concerns but they have not presented a reasonable alternative location. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe to suspend the rules and extend the meeting to 10:45 p.m. Motion carried, seven ayes. Councilmember Bildsoe favored establishing a meeting to acknowledge and accept the petitions. Councilmember Wold said that this issue has had three years of process, and the process included extensive notification, publication, discussion, and neighborhood meetings. The process was done well, and the City Council has not yet seen a petition opposing the project. Mayor Tierney suggested that the Council can determine the appropriate action if a petition is submitted. Councilmember Bildsoe said that if a petition is received, he believes it would be appropriate to hold a meeting for discussion of the issue. 9.1 Revision to Stop Sign Policy Motion was made by Mayor Tierney, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-521 ADOPT THE REVISED POLICY CONCERNING REQUESTS FOR STOP SIGN INSTALLATION. Motion carried, seven ayes. 9.2 Discussion of Plymouth Forum Procedures Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to place on the next Council study session for discussion: Proper Procedures for the Plymouth Forum and for Council meetings. Councilmember Preus said that this evening was an excellent example of how the Forum should be handled, but he believes that the Council needs to procedurally improve its meetings. Councilmember Johnson spoke against the motion. She said that Roberts Rules of Order has been adopted for use by the Council, and it wastes time to further discuss issues of procedure. She said that if discussion is held on the use of Adopted City Council Minutes August 19, 1998 Page 22 Roberts Rules of Order, then the Council should also discuss the 10 p.m. adjournment rule. Motion to amend was made by Councilmember Johnson, seconded by Mayor Tierney, to include discussion of the 10 p.m. adjournment rule. Motion failed: Bildsoe, Johnson, Tierney ayes; Wold, Preus, Spigner, and Black nays. Motion carried: Bildsoe, Wold, Preus, Spigner ayes; Johnson, Black, and Tierney nays. Motion was made by Councilmember Wold, seconded by Councilmember Black, to adjourn the meeting at 10:41 p.m. Motion carried, seven ayes. 6je' Z Ite, Laurie Ahrens City Clerk