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HomeMy WebLinkAboutCity Council Minutes 04-16-1997MINUTES REGULAR COUNCIL MEETING APRIL 16, 1997 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Council Chambers, 3400 Plymouth Blvd., on April 16, 1997. COUNCIL PRESENT: Mayor Tierney; Councilmembers Wold, Johnson; Preus, Spigner, Black, and Bildsoe ABSENT: None STAFF PRESENT: Assistant City 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 Item 3 Plymouth Forum No one appeared for the Forum. Item 4-A Recognize Plymouth Volunteers Mayor Tierney proclaimed April 13-19, 1997, as Volunteer Recognition Week. Volunteer Coordinator Nancy Anderson described the volunteer efforts of the following individuals for the City: Olof Lindquist, Jeanne Plummer, Jane Moore, John Kaminski, Carole Rutherford, Wini Freese, John Sullivan, Marge Putnam, Bev Reynolds, Claire McEwan, and Mary Bildsoe. Mayor Tierney presented Certificates of Appreciation and commended Coordinator Anderson for her work with about 600 volunteers this year. Item 4-11 Peace Rains Program at Plymouth Middle School Dana Anderson described the "Peace Rains" program at Plymouth Middle School and the community service projects that are included in the program. The goal of the program is to encourage students to take responsibility for themselves, their peers, their school, and their community. Councilmember Johnson commended Ms. Anderson for her efforts and enthusiasm for this program. She requested that the City Council show its support and appreciation for the program by donating up to 40 ice arena passes. Motion was made by Councilmember Johnson, seconded by Councilmember Preus, to adopt RESOLUTION 97-209 COMMENDING PLYMOUTH MIDDLE SCHOOL FOR THE "PEACE RAINS" PROGRAM AND AUTHORIZING ICE ARENA PASSES. Motion carried, seven ayes. Regular Council Meeting April 16, 1997 Page 2 Item 4-C Plymouth Environmental Fair City Forester Paul Buck invited the City Council and residents to attend "The Village Green -- An Environmental Fair and Celebration for Children and Adults", sponsored by the City's Environmental Quality Committee, in conjunction with Plymouth Creek Elementary School. The event will be held on April 24 from 6:00 to 8:30 p.m. Item 4-D Certificate of Achievement to Finance Director Hahn Mayor Tierney presented the 1995 Certificate of Achievement for Excellence in Financial Reporting to Finance Director Hahn. Finance Director Hahn introduced City Accountant Connie Ecker and Finance Manager Larry Jacobson. Councilmember Preus thanked staff for an outstanding job. He considers this an indication of good government. Item 5 Approve Agenda Assistant City Manager Lueckert reported that Sidney Brennan, the petitioner on Item 6-H, has withdrawn the application. She also noted a correction to Item 6-A, council minutes of April 9, 1997. Motion was made by Preus, seconded by Bildsoe, to approve the agenda as amended. Motion carried, seven ayes. Item 6 Consent Agenda Councilmember Bildsoe announced that he is abstaining on Item 6 -BB due to a conflict of interest. Items 6-C, 6-E, and 6 -CC were removed from the Consent Agenda. Motion was made by Preus, seconded by Black, to adopt the Consent Agenda as amended and with the abstention noted on Item 6-13B. Motion carried, seven ayes. Item 6-A Approve Minutes Motion was made by Councilmember Preus, seconded by Councilmember Black, to approve the minutes of the March 19 regular meeting and the April 9 meeting of the 1997 Board of Review as amended. Motion carried, seven ayes. Item 6-B Approve Disbursements Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-210 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING APRIL 4,1997. Motion carried, seven ayes. Regular Council Meeting April 16, 1997 Page 3 Item 6-D 1997 Park User Fees and Policies Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-211 APPROVING 1997 PARK FACILITY RENTAL POLICIES AND FEE SCHEDULES. Motion carried, seven ayes. Item 6-F Final Payment on Ice Center, American Structure Metals Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-212 APPROVING FINAL PAYMENT TO AMERICAN STRUCTURE METALS. Motion carried, seven ayes. Item 6-G Hoyt Properties, Plymouth Technology Park Second Addition (97003) Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-213 APPROVING LAND USE GUIDE PLAN AMENDMENT FOR HOYT PROPERTIES, INC. FOR PROPERTY LOCATED NORTH OF SCHMIDT LAKE ROAD AND WEST OF I-494 (97003). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-214 APPROVING PRELIMINARY PLAT AND PUD GENERAL PLAN FOR HOYT PROPERTIES, INC. FOR PROPERTY LOCATED NORTH OF SCHMIDT LAKE ROAD AND WEST OF I-494 (97003). Motion carried, seven ayes. Item 6-I Tobin Real Estate (97013) Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-215 APPROVING PUD GENERAL PLAN AMENDMENT AND INTERIM USE PERMIT FOR TOBIN REAL ESTATE COMPANY FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF HIGHWAY 55 AND I-494 (97013). Motion carried, seven ayes. Item 64 Homestead Village, Inc. Zoning Ordinance Text Amendment (97016) Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt ORDINANCE 97-3 AN ORDINANCE AMENDING ORDINANCE NO. 96-33, THE PLYMOUTH CITY CODE, BY AMENDING CHAPTER 21 (DEFINITIONS AND O -R, OFFICE RESIDENTIAL TRANSITION ZONING DISTRICT). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-216 APPROVING FINDINGS OF FACT FOR AMENDING SECTION 21005 AND 21450 OF THE PLYMOUTH CITY CODE (DEFINITIONS AND OFFICE/RESIDENTIAL TRANSITION ZONING DISTRICT). Motion carried, seven ayes. Regular Council Meeting April 16, 1997 Page 4 Item 6-K Rezoning in Morrison's Lake View Addition Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt ORDINANCE 97-4 AN ORDINANCE AMENDING CHAPTER 21 OF THE CITY CODE TO CLASSIFY CERTAIN LANDS LOCATED NORTH OF BASS LAKE ROAD, WEST OF ZACHARY LANE AND EAST OF HEMLOCK (97017). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-217 APPROVING FINDINGS OF FACT FOR REZONING OF FIVE COMMERCIAL LOTS LOCATED NORTH OF BASS LAKE ROAD AND WEST OF ZACHARY LANE. 97017). Motion carried, seven ayes. Item 6-L Rezoning in Penwalk Addition Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt ORDINANCE 97-5 AN ORDINANCE AMENDING CHAPTER 21 OF THE CITY CODE TO CLASSIFY CERTAIN LANDS LOCATED NORTH OF WEST MEDICINE LAKE PARK, WEST OF MEDICINE LAKE DRIVE AND SOUTH OF 23" AVENUE NORTH 97018). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-218 APPROVING FINDINGS OF FACT FOR REZONING OF TWELVE RESIDENTIAL LOTS LOCATED NORTH OF WEST MEDICINE LAKE PARK, SOUTH OF 23FDAVENUE AND WEST OF MEDICINE LAKE DRIVE NORTH 97018). Motion carried, seven ayes. Item 6-M Hennepin County, Golf Range at Adult Correctional Facility (97020) Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-219 APPROVING SITE PLAN AMENDMENT FOR HENNEPIN COUNTY FOR THE DRIVING RANGE FACILITY LOCATED AT THE ADULT CORRECTIONAL FACILITY, 1145 SHENANDOAH LANE NORTH (97020). Motion carried, seven ayes. Item 6-N Change Orders for Ice Center Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-220 APPROVING CHANGE ORDERS ON PLYMOUTH ICE CENTER, PROJECT 541. Motion carried, seven ayes. Regular Council Meeting April 16, 1997 Page 5 Item 6-0 Conor Meadows II, Wetland Replacement Plan (96150) Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-221 APPROVING FILLING WETLANDS AND THE WETLAND REPLACEMENT PLAN FOR CONOR MEADOWS II DEVELOPMENT (96150), NE 1/4 SE'/4 SECTION 7, T118N, R22W. Motion carried, seven ayes. Item 6-P BRW, Inc., Northwest Business Campus 13' Addition (96155) Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-222 APPROVING A FINAL PLAT FOR BRW, INC. FOR NORTHWEST BUSINESS CAMPUS 13TH ADDITION FOR PROPERTY LOCATED EAST OF NORTHWEST BLVD. BETWEEN HIGHWAY 55 AND CAMPUS DRIVE (96155). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-223 APPROVING A FIRE CODE VARIANCE FOR BRW, INC. FOR NORTHWEST BUSINESS CAMPUS 13TH ADDITION FOR PROPERTY LOCATED EAST OF NORTHWEST BLVD. BETWEEN HIGHWAY 55 AND CAMPUS DRIVE (96155). Motion carried, seven ayes. Item 6-Q Application for Lawful Gambling Exemption Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-224 FINDING NO OBJECTION TO LAWFUL GAMBLING EXEMPTION FOR BIRCHVIEW ELEMENTARY PTO. Motion carried, seven ayes. Item 6-R Reduction in Required Financial Guarantees Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-225 REDUCING REQUIRED FINANCIAL GUARANTEE, SAVANNAH ADDITION (93112). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-226 REDUCING REQUIRED FINANCIAL GUARANTEE, SAVANNAH ADDITION (93112). Motion carried, seven ayes. Item 6-S Set Hearing on Vacation in Northwest Business Campus 4`h Addition Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-227 ORDER PUBLIC HEARING ON THE VACATION OF DRAINAGE EASEMENT FOR PONDING, LOT 1, BLOCK 2, NORTHWEST BUSINESS CAMPUS 4TH ADDITION. Motion carried, seven ayes. Regular Council Meeting April 16, 1997 Page 6 Item 6-T Home Depot, Construction Agreement with Hennepin County Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-228 APPROVING CONSTRUCTION COOPERATIVE AGREEMENT, COUNTY ROAD 6 AND ANNAPOLIS LANE TRAFFIC SIGNAL INSTALLATION AND COUNTY ROAD 6 AND ANNAPOLIS LANE WIDENING, COUNTY PROJECT NUMBER 9706; HOME DEPOT (96075). Motion carried, seven ayes. Item 6-U Condemnation for Easements, Schmidt Lake Road, Project 7005 Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-229 AUTHORIZING CONDEMNATION PROCEEDINGS, SCHMIDT LAKE ROAD, CITY PROJECT NO. 7005. Motion carried, seven ayes. Item 6-V 1995 Street Reconstruction, Change Order, Project No. 501 Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-230 APPROVING CHANGE ORDER NO. 1, 1995 STREET RECONSTRUCTION PROJECT, CITY PROJECT NO. 501. Motion carried, seven ayes. Item 6-W Vicksburg Lane Preliminary Engineering Report, Project 7010 Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-231 RECEIVING PRELIMINARY ENGINEERING REPORT AND CALLING FOR HEARING ON IMPROVEMENTS, VICKSBURG LANE RECONSTRUCTION PROJECT, CITY PROJECT NO. 7010. Motion carried, seven ayes. Item 6-X Certificate of Completion of Redevelopment Agreement Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-232 AUTHORIZING MAYOR AND CITY MANAGER TO SIGN CERTIFICATE OF COMPLETION FOR REDEVELOPMENT AGREEMENT BETWEEN THE CITY OF PLYMOUTH PRUDENTIAL INSURANCE COMPANY OF AMERICA AND WEST SUBURBAN HEALTH CAMPUS. Motion carried, seven ayes. Item 6-Y Sewer Utility Rate Increase Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt ORDINANCE 97-6 AN ORDINANCE AMENDING CITY CODE CHAPTER VII RELATING TO SEWER AND WATER RATES. Motion carried, seven ayes. Regular Council Meeting April 16, 1997 Page 7 Item 6-Z 1997 Phosphate Free Fertilizer Sales Motion was made by Councilmember Preus, seconded by Councilmember Black, to designate the proceeds from the City's 1997 phosphate free fertilizer sales to projects/educational programs of the Environmental Quality Committee (EQC). Motion carried, seven ayes. Item 6 -AA Revised Assessments, Wayzata High School Property, Project 503 Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-233 REVISING ASSESSMENTS, RESOLUTIONS 96-577 AND 96-578, WAYZATA HIGH SCHOOL PROPERTY, CITY PROJECT NO. 503, SANITARY SEWER AREA AND LATERAL. Motion carried, seven ayes. Item 6 -BB Woodland Village Investments Bond Issue (Progress Casting Project) Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-234 A RESOLUTION OF THE CITY OF PLYMOUTH, MINNESOTA AUTHORIZING THE ISSUANCE OF ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS WOODLAND VILLAGE INVESTMENTS LIMITED PARTNERSHIP PROJECT), SERIES 1997 IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $6,000,000; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST, A LOAN AGREEMENT AND CERTAIN RELATED DOCUMENTS; AUTHORIZING THE EXECUTION AND SALE OF THE BONDS AND DIRECTING DELIVERY THEREOF; APPROVING A FINAL FORM OF PRIVATE PLACEMENT MEMORANDUM; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE OWNERS OF SAID REVENUE BONDS. Motion carried, six ayes; Bildsoe abstained. Item 6 -DD Tobacco License for Mr. Gas Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-235 APPROVING 1997 TOBACCO LICENSE. Motion carried, seven ayes. Item 6 -EE Garbage Hauler License Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-236 APPROVING GARBAGE HAULER LICENSE FOR WASTE TECHNOLOGY, INC. Motion carried, seven ayes. Item 7-A Vacation of Easements in Seven Ponds Fourth Addition Public Works Director Moore presented the staff report on the request for vacation of a portion of a drainage and utility easement and drainage easement for ponding purposes within Lot 4, Block 2, Seven Ponds Fourth Addition. Regular Council Meeting April 16, 1997 Page 8 Mayor Tierney opened the public hearing. No one appeared, and the hearing was closed. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 97-237 AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY EASEMENT AND DRAINAGE EASEMENT FOR PONDING PURPOSES, LOT 4, BLOCK 2, SEVEN PONDS FOURTH ADDITION. Motion carried, seven ayes. Item 8-A JEM Properties, Lot Division at 18520 County Road 6 (96165) Community Development Director Hurlburt said that at the April 2 meeting, the City Council discussed the request of JEM Properties for Lot Division of property located at 18520 County Road 6. A motion was made to deny the request, and the item was subsequently tabled in order for staff to review the drainage issue discussed by the neighboring property owners. Director Hurlburt stated that the Engineering and Planning Division staff have visited the site to observe the natural drainage patterns. Staff concluded that drainage for the site can be appropriately controlled by utilizing a swale or culvert along the west side of the proposed home. A condition has been added to the proposed resolution which requires that a drainage plan which incorporates a swale or culvert be approved by the City prior to issuance of building permits for the proposed home. Greg Hahn, 18500 County Road 6, said that issues relating to this property still have not been resolved. One of the major issues is the driveway access to County Road 6 which is needed for access to the new lot. He said that it has not been proved that the existing easement would allow access to the new lot. Mr. Hahn said that his attorney believes that the existing easement does not pertain to the proposed new lot. Mr. Hahn objected to the parcel being divided, as well as to the tree removal and additional hard surfacing on the lot. He does not believe it is fair that the property owners on both sides of the parcel should have to prove that access does not exist. The developer or builder should have provided proof of the access. He added that the developer does not intend to live on the property. Community Development Director Hurlburt noted that the proposed approving resolution contains a condition that the applicant shall submit approved access easement documents indicating proof of permanent access to the site without creating any new driveways onto County Road 6. She clarified that the burden of proof is placed on the applicant -- not the abutting property owners. The site was reviewed for tree preservation, and the Regular Council Meeting April 16, 1997 Page 9 proposed plan would preserve 80 percent of the significant trees on the lot. Fifty percent preservation is required by ordinance. Councilmember Preus asked who would determine whether the applicant has provided sufficient proof of the right to use the driveway easement access. Director Hurlburt stated that the City Attorney would be asked to review the materials submitted regarding the easement. City Attorney Knutson added that the burden is on the applicant to prove that access rights exist. The City is not in a position to resolve private property disputes. Unless the parties can come to an agreement on the easement issue, the City would likely require a court order to resolve the issue. Councilmember Black stated that because she was absent from the last meeting and missed a significant part of the discussion, she will abstain on this item. Councilmember Wold said he is opposed to approval of the request. He has visited the property and does not believe it should be subdivided. In addition, he does not want the City to be a party to private property right disputes. Mayor Tierney said the City should not get involved in private property disputes. She will not support the motion to deny the request. Councilmember Spigner noted that the request meets all City ordinance requirements. Therefore, she will not support denial of the request. Councilmember Johnson said that she has visited the site. She believes that if the easement issue can be resolved, the parcel would be appropriate for subdivision because it meets all other ordinance requirements. Motion to deny failed: Wold aye; Bildsoe, Johnson, Preus, Spigner, and Tierney nays; Black abstained. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-238 APPROVAL OF LOT DIVISION FOR JEM PROPERTIES FOR PROPERTY LOCATED AT 18520 COUNTY ROAD 6 (96165), with specific attention to Conditions 5 and 11. Motion carried: Bildsoe, Johnson, Spigner, Preus, and Tierney ayes; Wold nay; Black abstained. Item 8-B Approve Bond Counsel Motion was made by Councilmember Black, seconded by Councilmember Spigner, to appoint the firm of Kennedy and Graven as bond counsel. Regular Council Meeting April 16, 1997 Page 10 Councilmember Black said that she has had a number of dealings through her profession with Briggs & Morgan and Dorsey & Whitney, and each firm has brought lawsuits against counties. In one instance, Hennepin County taxpayers will pay a great deal of money because a lawsuit against the County was upheld. Staff has recommended these firms for appointment as bond counsel ahead of Kennedy and Graven. She strongly objects to the City of Plymouth receiving bond counsel services from either of these firms. Mayor Tierney asked the City Attorney to comment on whether there could be a conflict of interest with either of the firms. City Attorney Knutson said that the lawsuits referenced by Councilmember Black were not discussed as part of the bond counsel interview process; however, a conflict would not exist under the professional canon of ethics. If the City Council believes that it is a conflict of interest in a less technical sense, it is the Council's discretion to consider that information in awarding bond counsel services. Councilmember Black stated that because of the significance of one of the lawsuits, she may be asking the City to file an amicus brief. She believes that this could result in a conflict situation. Even if it is not a legal conflict of interest, she believes it is an ethical problem. Councilmember Spigner asked why Best and Flanagan was not recommended to continue as bond counsel. Assistant Manager Lueckert stated that bond counsel services are the last in a series of reviews of consultant services. A staff committee comprised of the City Manager, City Attorney, Finance Director, and Community Development Director reviewed bond counsel proposals. Finance Director Hahn said that in January, the Council authorized staff to receive proposals for bond counsel services from four highly reputable municipal law firms. The staff committee received the proposals and interviewed the firms. It was the consensus of the committee that Dorsey and Whitney had the most depth in tax increment financing and municipal finance, and that this would most benefit the City. Councilmember Preus asked about the annual amount of legal fees incurred for bond counsel services. Finance Director Hahn said it varies depending on whether the City has tax increment financing modifications or bond issues from year to year. During 1996, legal fees for bond counsel services were in the $4,000 to $5,000 range. Regular Council Meeting April 16, 1997 Page 11 In 1995, there were several bond and tax increment matters and fees were approximately $20,000. Mayor Tierney asked if an adversarial position could exist if the City were to enter into an amicus brief. City Attorney Knutson said that there is always a potential for conflicts of interest to exist, and they must be disclosed when they occur. Dan Nelson, Best and Flanagan addressed the Council. Mr. Nelson said he has served as the City's bond counsel for the past five years. There are now five attorneys on their bond counsel staff, and he is confident that Best and Flanagan continues to have the ability to serve the interests of the City. He said that all four firms have substantial experience serving as bond counsels, and he assured the Council that Best and Flanagan does not have the same conflicts discussed by Councilmember Black. Mr. Nelson said he had discussed the reason for the staff recommendation with the City Manager. Manager Johnson had indicated that all four firms were good, but the staff committee felt that the size of the Dorsey firm and their legislative influence on tax increment financing issues would be an asset for the City. Mr. Nelson said that the City's request for proposals was silent on the issue of tax increment financing legislation, and Best and Flanagan would be happy to meet with the City to supplement their proposal if that is a key factor in awarding the proposal. He introduced Cathryn Courtney of the Best and Flanagan law firm. Councilmember Preus asked why the Dorsey and Whitney firm was recommended by the staff committee. Although firm size can give broader experience, very good attorneys can be found in small firms. Finance Director Hahn said that the depth of the Dorsey firm was the primary reason for the recommendation. Mayor Tierney suggested that the Council could conduct interviews of the firms. Councilmember Bildsoe responded that the Council empowered staff to review the proposals and conduct interviews, and staff will be working with the bond counsel. He supports the staff recommendation. Councilmember Johnson explained that she made a motion to postpone action at the last meeting because she believed that the full Council should consider the appointment. She will support Mayor Tierney's suggestion that the firms be interviewed by the City Council, unless the Council can reach consensus on the appointment. Regular Council Meeting April 16, 1997 Page 12 Mayor Tierney said that various attorneys have worked for the City during her tenure on the Council, and the City Council is not often directly working with the bond counsel. She supports the staff recommendation. Councilmember Black said that there are four good candidates for bond counsel, and her concerns would not necessarily have been discussed during the interview process. Staff has indicated that they would be comfortable working with any of the firms. Councilmember Preus said that Councilmember Black is acting on conscience and the level of confidence she would have with a law firm based on other suits in which they were involved. Councilmembers should consider whether they share these concerns. He does not believe that this is a factor in selecting the bond counsel unless a conflict of interest can be identified or if the lawsuits would influence their service as bond counsel for the City of Plymouth. Councilmember Spigner noted that the existing bond counsel, Best and Flanagan, appears to have submitted the lowest bid. Councilmember Johnson noted that the proposed fees are ranges only, so it is difficult to identify the lowest bid. Motion failed; Black aye; six nays. Motion was made by Councilmember Wold, seconded by Councilmember Preus, to adopt RESOLUTION 97-239 APPOINTING THE FIRM OF DORSEY & WHITNEY AS BOND COUNSEL. Councilmember Spigner opposed the motion. She does not believe that staff has justified their recommendation of a firm that charges higher hourly rates than the other firms. Motion carried: Bildsoe, Johnson, Wold, Preus, and Tierney ayes; Spigner and Black nays. Item 8-C Carlson Real Estate and Mann Theaters (97033) Community Development Director Hurlburt presented the application of Carlson Real Estate and Mann Theaters for Plymouth Town Center located at the northeast corner of Vicksburg Lane and Highway 55. The applicants are requesting approval of a site plan for a 40,000 square foot, 12 -screen theater; a 16,600 square foot shopping center with general retail space plus two restaurants and a coffee/bagel shop, a 9,600 square feet retail development of general retail space and a video store, an existing 5,400 square foot liquor Regular Council Meeting April 16, 1997 Page 13 store and attached retail space; and shared parking for all the listed uses. A conditional use permit is requested to allow two principal buildings on a lot, as well as a variance to the Fire Code to eliminate the need for a fire lane on the south side of the theater. Variances are also requested to allow less than the minimum 20 percent lot coverage. Director Hurlburt said that the minimum lot coverage requirement of 20 percent is probably not realistic given the parking and landscape requirements. The Planning Commission and staff recommend approval of the request. The primary access would be at the property line between Cub Foods and the shopping center. This entrance would be designed for construction of a possible future access to the currently undeveloped property on the west side of Vicksburg Lane and it would be signalized. Secondary access would be installed at 35th Avenue, and the current cul-de-sac would be vacated. The existing access from Vicksburg Lane to Cub Foods would be modified in the plan. The curved entrance would be replaced with the primary access and it will provide superior access to what exists today. A plaza area is proposed in front of the theater. Councilmember Preus asked if the 20 percent minimum lot coverage requirement may be too stringent. Community Development Director Hurlburt explained that the reason for the minimum coverage requirement was to make the City Center more people - oriented, rather than vehicle -oriented. She said that the parking requirements may be too stringent. If off-site ponding had not been possible, it would have been more difficult to meet the standards. She said that the proposed lot coverage is 19 percent, which is only slightly under the 20 percent requirement. Discussions were previously held on whether the site could accommodate this use and whether it could include sufficient parking. She believes that everyone is satisfied with the coverage that is achieved under the plan. Jim Greupner represented Mann Theaters. He thanked staff and the Council for cooperation received throughout this process. Mayor Tierney asked if the location of the off-site water quality pond has been selected. Public Works Director Moore said that consideration is being given to the wetland area between Plymouth Blvd. and Highway 55. This would improve water quality in the entire area. Councilmember Preus asked about the timing of construction. Regular Council Meeting April 16, 1997 Page 14 Jim Greupner said that design is well underway and grading is anticipated to begin in May. They are hoping for a year-end grand opening. Councilmember Wold thanked Mann Theaters for following through with the project and doing everything they said they were going to do. Bob Guth, owner of Colony Liquors, thanked the staff and Council. He believes the project will be good for area landowners and residents of the City. Brad Lis, Carlson Real Estate, thanked the City Council for their help with this project. He believes that the end product is far superior to what he originally proposed, and, he noted that store openings are also proposed by yearend. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 97-240 APPROVING A SITE PLAN, CONDITIONAL USE PERMIT, AND VARIANCES FOR CARLSON REAL ESTATE AND MANN THEATERS FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF VICKSBURG LANE AND HIGHWAY 55 (97033). Councilmembers recognized the efforts of previous Councilmembers Granath, Lymangood, Anderson, and Edson in initiating and moving this project forward. Motion carried, seven ayes. Item 8-D Janco, Inc., Conor Meadows Plat Two (96150) Community Development Director Hurlburt stated that Janco, Inc., is requesting approval of a Land Use Guide Plan Amendment from LAR (Living Area Rural) to LA -2 (Living Area 2), Rezoning from FRD (Future Restricted Development) to RMF -2 (Multiple Family 2 District), Preliminary Plat, Conditional Use Permit and Variances for 19 single family detached homes and 44 multi -family homes on a 14.08 -acre site. The Planning Commission recommends approval of the requests for Conor Meadows Plat Two. After the Guide Plan amendment has gone through the Metropolitan Council process, the rezoning request is also recommended for approval. Director Hurlburt said that concerns expressed at the Planning Commission hearing included impact on the private driveway leading to the homes north of the plat, safety at the railroad crossing, and density of the project. She explained that the City's traffic consultant has completed an alignment plan for Schmidt Lake Road north of the proposed plat to match up with the main entrance into the new Wayzata Senior High School which lies west of Peony Lane. Approval of this plat would provide for the construction of Schmidt Lake Road easterly from Peony Lane, to a point where the road would veer to Regular Council Meeting April 16, 1997 Page 15 the north and eventually cross over the railroad tracks and tie into the segment of Schmidt Lake Road that would be constructed as part of the Courts at Nanterre Townhome development. The existing private driveway access leading to the homes and the Gun Club north of the plat would remain unchanged. Conor Meadows residents would not have the right to use this private driveway easement. This plat would allow for a future westward realignment of the portion of Holly Lane lying south of the railroad tracks. Holly Lane needs to connect to Schmidt Lake Road, but impacts on the golf course and homes in the area need to be considered. The alignment in the plat was selected because it could allow for future improvements at the Hollydale Golf Course. The existing Holly Lane would remain open until such time as the realigned road could be constructed. Owners would still have the ability to use the private driveway easement to the north even if the existing Holly Lane connection to Schmidt Lake Road is vacated and moved westerly. Community Development Director Hurlburt said the townhouse development will be platted as a condominium and two of the lots do not have direct access to the public road which requires a variance from the Subdivision Regulations. The applicant is also requesting variances to reduce the front yard setback requirement from 25 feet to 20 feet. A hardship was established under the Conor Meadows plat, where the City required dedication of up to 100 feet of right-of-way from the northern portion of the plat for Schmidt Lake Road. The additional right-of-way resulted in a reduction in lot depths. The proposed plat is a continuation of Conor Meadows, therefore, it would be appropriate to grant the front yard setback variances for three single family lots located between 48`'' Avenue and the railroad tracks to allow the homes to line up with homes in Conors Meadows. This would be preferable to compromising the 50 feet minimum setback required from the railroad tracks. Director Hurlburt discussed the proposed landscaping and fencing requirements. A six foot high solid fence would be extended along the railroad tracks from Conor Meadows easterly about 130 feet. Beyond that distance, the grade changes do not make a solid fence feasible. The applicant would construct a chain link fence south of the multi -family area between the homes and the railroad tracks. Councilmember Black noted that this development is near the Plymouth Gun Club and asked if there has been discussion regarding disclosure of this fact to potential property owners. Assistant Manager Lueckert explained that the Plymouth Gun Club has not yet renewed its license for this year. Environmental review materials are required for this year's application. Regular Council Meeting April 16, 1997 Page 16 Community Development Director Hurlburt was unsure if discussions have been held about disclosure to potential property owners of the existence of the Gun Club. There were more concerns expressed about the potential impacts of Schmidt Lake Road and the railroad. Councilmember Johnson asked about the height requirement of the chain link fence. Director Hurlburt said a height is not specified in the resolution, but the developer can clarify his intent. Councilmember Johnson said that she was informed that two residents living north and northwest of the site did not receive notification of the project. Director Hurlburt said that everyone abutting the site received a notice of the public hearing. A standard 500' notice area was used. Staff is looking at proposing options relating to the entire notification process. Mike Gair, represented Tom Graham and Janco, Inc. He said a metal fence is proposed, similar to that required by the Minnesota Department of Transportation for their right-of-ways. His preference is a four to five foot fence. Councilmember Wold noted that at the Planning Commission meeting, Mr. Graham indicated the fence height would be six feet. Public Works Director Moore stated that the Department of Transportation requires four foot high fences. Mr. Gair said he would like to install the fence at a specification consistent with that required by the Department of Transportation on highway projects. The purpose of the fence is to provide a barrier for safety between the residences and the railroad. Councilmember Black asked Mr. Gair to comment on disclosure of the existence of the Gun Club to potential home purchasers. Mr. Gair said this had not been considered but he believes disclosure would be appropriate. Community Development Director Hurlburt suggested that a condition be included in the resolution to require that all sales materials for the subdivision include a disclosure of the existence and hours of operation of the Plymouth Gun Club. Regular Council Meeting April 16, 1997 Page 17 Councilmember Johnson stated that the fence is needed for safety and she would support a higher fence. In response to questions, Public Works Director Moore said that in some plats in the City, fences have been installed adjacent to the railroad. However, for the most part, there is no fencing adjacent to the railroad. Councilmember Spigner asked if play areas are proposed in this plat. Mr. Gair said no play areas are proposed. Ryan Gideon, Centex Homes, added that their buyers typically do not have children. Park Director Blank said it is difficult to incorporate a park in this area in the Comprehensive Plan because it would be located in the middle of the golf course if planned by geographic distance. Kimberly Lane School has some play facilities for children, and the Lundgren development recently installed private recreation facilities. The City proposes a future park in the area, and an extension on either alignment if Holly Lane would include a bike lane to that park. Community Development Director Hurlburt added that the Wayzata High School will also provide recreational facilities for older children. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-241 APPROVING LAND USE GUIDE PLAN AMENDMENT FOR JANCO, INC., FOR PROPERTY LOCATED NORTH OF THE SOO LINE RAILWAY AND EAST OF PEONY LANE (96150), RESOLUTION 97-242 APPROVING A PRELIMINARY PLAT FOR JANCO INC. FOR PROPERTY LOCATED NORTH OF THE SOO LINE RAILWAY AND EAST OF PEONY LANE (96150) with an additional requirement that all sales materials shall make reference to the existence and hours of operation of the Plymouth Gun Club, and RESOLUTION 97-243 APPROVING CONDITIONAL USE PERMIT AND VARIANCES FOR JANCO, INC. FOR PROPERTY LOCATED NORTH OF THE SOO LINE RAILWAY AND EAST OF PEONY LANE (96150). Motion carried, seven ayes. Regular Council Meeting April 16, 1997 Page 18 Item 8-E Support of Separation between the Council and Charter Commission Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-244 SUPPORTING SEPARATION BETWEEN CITY COUNCIL AND CHARTER COMMISSION. Councilmember Preus said that the issue of lobbying the Chief Judge and endorsement by the Council of Charter Commission applicants was discussed at the last Council meeting. He was not present at the meeting but later viewed the discussion on cable. Councilmember Preus said that the proposed resolution would address two issues: 1) the importance of separating the City Council and the Charter Commission, and 2) the necessity of giving the Chief Judge the ability to make Charter Commission appointments without attempts by Councilmembers or the Mayor to influence that decision. It is generally his view that the independence of the Charter Commission and City Council should be preserved and that the Chief Judge should be free from outside influence when making appointments. Mayor Tierney said that her concerns at the last meeting related to what appeared to be a potential violation of the right of free speech for individual members of the City Council. She does not believe that the proposed resolution would hamper free speech. She is hesitant to control actions of members of the City Council but agrees that the Chief Judge should have the ability to make appointments without undue influence. She suggested that the letter to the Chief Judge include that the Council would like appointments to be made by June 15. Assistant Manager Lueckert said that Judge Mabley's clerk anticipates that the Judge will sign the order this week. This would allow an advertisement of Charter Commission vacancies to be publicized in the May Plymouth News. Councilmember Johnson requested that notice of the vacancies also be publicized on cable. She will support the resolution because she is opposed to the City Council doing any sort of interviews or recommendations on Charter Commission appointments. She would be more comfortable if the City Council stated that it was not going to conduct interviews for these appointments. Councilmember Spigner explained that it is not her desire that the City Council select or screen Charter Commission candidates. She wants to ensure that everything relating to the Charter Commission is an open process. She believes that the letter will serve as assurance that the City Council does not intend to pressure the Chief Judge on the issue of Charter Commission appointments. Regular Council Meeting April 16, 1997 Page 19 Councilmember Preus said that another option is to include in the City Code a provision to prohibit members of the City Council from influencing the Judge with respect to Charter Commission appointments; however, this may have infringed on free speech. It is his view that it would be inappropriate for any member of the City Council to attempt to influence the Chief Judge. Members of the Council have a right to free speech, but adoption of this resolution would make it clear to the Chief Judge that if a councilmember attempts to influence the Judge, it is being done against the wishes and knowledge of the full City Council. Councilmember Preus said that the resolution does not address an interview or endorsement process by the City Council, but that would require additional Council action. Councilmember Wold said there is no parliamentary mechanism to prohibit the Council from considering an interview or endorsement process in the future. However, there is no precedence from this Council for bringing the matter back for consideration. Mayor Tierney stated that the resolution is not enforceable, but it would reinforce that the City Council recognizes the Charter Commission as an independent body. She asked if the communication to the Chief Judge would be written or oral. Councilmember Preus said the resolution contains no enforcement provision because there is no prohibition in the resolution. Motion to amend was made by Councilmember Preus, seconded by Councilmember Wold, to add that the Chief Judge be notified "in writing". Motion to amend carried, seven ayes. Main motion carried as amended, seven ayes. Item 8-F (6-E) Comprehensive Plan Amendment to the Water Supply Plan (96106) Councilmember Black said that the proposed Comprehensive Plan Amendment includes references to educating residents on ways to conserve drinking water. She is interested in knowing what type of conservation program is proposed and believes the issue should be reviewed by the Environmental Quality Committee. Regular Council Meeting April 16, 1997 Page 20 Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-245 APPROVING COMPREHENSIVE PLAN AMENDMENT FOR THE CITY OF PLYMOUTH FOR ADOPTION OF THE CONSERVATION AND EMERGENCY MANAGEMENT PLAN (96106), with the provision that the Plan be forwarded to the Environmental Quality Committee for discussion of possible educational initiatives and a timeline. Motion carried, seven ayes. Item 8-G (6-C) Student Membership on Plymouth Human Rights Commission Councilmember Spigner expressed concern about the proposed method for selecting student members to the Plymouth Human Rights Commission. She said that if each school district appoints a student to the Commission, a learning process is being missed. She would like students to understand the work of the City Council and how students can get involved by serving on a commission. Councilmember Spigner said that each of the school districts already appoint a staff representative to the Commission, and some of those members do not faithfully attend meetings. She suggested that each school district solicit a list of interested students who would be invited to participate in an interview process. Assistant Manager Lueckert clarified that the City Council appoints all members to the Commission. This could include an interview process or acceptance of recommendations from each school district. The Human Rights Commission has not discussed the details or made a recommendation on how the appointments could best be made. Councilmember Johnson said that if the Council accepts recommendations from each of the school districts, children attending private schools would not be included for consideration.. Assistant Manager Lueckert said the Human Rights Commission would welcome participation from all segments of the community. Most of the Commission's dealings are with the public schools, and the number of members serving on the Commission needs to be manageable. Councilmember Wold suggested that the ordinance could provide for appointment of four students, one from each school district geographical area. He suggested that the issue be tabled to the next meeting. Assistant Manager Lueckert said that students could be appointed from each of the four wards. Regular Council Meeting April 16, 1997 Page 21 Councilmember Preus stated that getting students involved with the City is an excellent idea; however, he questioned whether student membership on City commissions is the best way of achieving this. There will likely be problems in finding students interested in serving as members and in filling the positions for terms that do not coincide with the school year. He believes a less formal process for participation would be better. Motion was made by Councilmember Wold, seconded by Councilmember Spigner, to table the issue to the next meeting. Motion carried, seven ayes. Item 8-H (6 -CC) Set Special Meeting with Hennepin County Commissioners Mayor Tierney and Councilmember Black stated they would be unable to attend a proposed meeting with Hennepin County Commissioners on May 21. Assistant Manager Lueckert said that Commissioners are also available to meet on June 4. Councilmember Johnson expressed interest in meeting with representatives of the four school districts. Motion was made by Mayor Tierney, seconded by Councilmember Johnson, to set a Special Council Meeting for 5:30 p.m. on June 4, to meet with Hennepin County Commissioners on issues of mutual interest. Motion carried, seven ayes. Councilmember Black said she is particularly interested in having a joint meeting with the Maple Grove City Council in July because of the outstanding issue on Fish Lake. Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adjourn the meeting at 9:45 p.m. Motion carried, seven ayes. 2 &yyn-a,, L urie Ahrens City Clerk