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HomeMy WebLinkAboutCity Council Minutes 11-28-2000Adopted Minutes Regular Council Meeting November 28, 2000 A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on November 28, 2000. COUNCIL PRESENT: Mayor Tierney, Councilmembers Brown, Black, Bildsoe, Slavik, Johnson, and Harstad. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Public Safety Director Gerdes, Park and Recreation Director Blank, Finance Director Hahn, Community Development Director Hurlburt, Public Works Director Moore, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum Joe Blasko, Community Affairs Director for the Twin West Chamber of Commerce, introduced Bob Gustafson who is the new Director of the Twin West Chamber of Commerce. Mr. Gustafson stated he has over 20 years experience in the chamber industry, and he is very pleased to be the new director. Presentations and Public Information Announcements 4.1) Recognize Councilmember Black on receipt of the Recycling Association of Minnesota's Public Service Award for 2000 Mayor Tierney stated recently, Councilmember Black received the Public Service Award for 2000 from the Recycling Association of Minnesota. On behalf of the Council, she congratulated her on receiving this award. 4.2) Presentation of Plymouth Photo Contest Winners Communication Supervisor LaFave announced the winners of this year's City photo contest. She stated there were 114 entries in five categories. She stated these pictures would appear in the City's newsletter as well as on the City's web page. Adopted City Council Minutes Regular Meeting of November 28, 2000 Page 2 of 13 4.3) Thin Ice Public Safety Director Gerdes provided precautionary information on thin ice. 4.4) New Busses Mayor Tierney encouraged everyone to attend the ribbon cutting ceremony to be held on December 4 for the new buses. 4.5) Openings on Boards and Commissions Assistant City Manager Ahrens reminded everyone that staff is currently accepting applications to fill vacancies on the City's boards and commissions. The deadline for applications is December 15. Approval of Agenda Councilmember Johnson requested to add an update on legislative issues as item No. 9.1 under Reports and Recommendations. Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe, to approve the amended agenda. With all members voting in favor, the motion carried. Consent Agenda Mayor Tierney asked if there were any additions, corrections, or deletions to be made to the Consent Agenda. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Harstad, to approve the Consent Agenda which included the following items: 6.01) Approve Special City Council Meeting minutes of September 11, Special and Regular Council Meeting minutes of September 26, and Special City Council Meeting minutes of November 9. 6.02) Resolution Approving Disbursements for the Period ending November 17, 2000 Res2000-565). 6.03) Resolution Urging Support of CriMNet (Res2000-566). Adopted City Council Minutes Regular Meeting of November 28, 2000 Page 3 of 13 6.04) Acceptance of 1999 Community Development Block Grant (CBDG) Consolidated Plan Projects. 6.05) Resolution Approving Variance Request for Delmer and Jean Matasovsky for Property located at 2670 East Medicine Lake Boulevard (20162 — Res2000-567). 6.06) Resolution Approving a Setback Variance for Scott Schoolmeesters for Property located at 310 Magnolia Lane North (20166 — Res2000-568). 6.07) Resolution Approving Street Lighting Policy (Res2000-569). 6.08) Resolution Approving Plans and Specifications for the Millennium Garden (Res2000- 570). 6.09) Resolution Awarding Bid for Holly Lane Street and Utility Improvements (9024 — Res2000-571). 6.10) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for N.C.-15/N.C.-16 Trunk Sanitary Sewer and Watermain (9914 — Res2000-572). 6.11) Resolution Declaring Adequacy of Petition and Ordering Preparation of Report for Street Lighting at 11210 and 11215 12'h Avenue North (Res2000-573), and a Resolution Receiving Report and Ordering Project for Street Lighting at 11210 and 11215 12'h Avenue North Res2000-574). 6.12.1) Resolution Reducing Required Financial Guarantee for Plymouth Technology Park 91031 — Res2000-575). 6.12.2) Resolution Reducing Required Financial Guarantee for Fernbrook Wood 2"d Addition 94018 — Res2000-576). 6.12.3) Resolution Reducing Required Financial Guarantee for Nanterre Addition (94093 — Res2000-577). 6.12.4) Resolution Reducing Required Financial Guarantee for North Country Estates (97023 — Res2000-578). 6.13) Resolution Adopting Trail Snowplowing Routes (Res2000-579). 6.14) Resolution Approving Award of Bid for Plymouth Ice Center Dehumidification System Res2000-580). Adopted City Council Minutes Regular Meeting of November 28, 2000 Page 4 of 13 With all members voting in favor, the motion carried. Public Hearings 7.1) Public Improvement Hearing for Street Lighting Improvements in Bridgid Glenn Addition Public Works Director Moore stated the City's policy is that when street lights are installed in areas of the city, the area that benefits from the lights pays the operating costs of the lights through the City's utility bill. With new developments, the developer makes the determination whether they desire streetlights or not, and then they are petitioned for. The individuals purchasing the lots in the development buy into the agreement. He stated with the Bridgid Glen Addition, the developer did not submit a petition, but the Power Company installed them without approval of the City, and the City wasn't aware of it. He explained there are two lights — one entering the development and one at the cul-de-sac. After the City contacted the developer, he contacted the 13 property owners in the development. Eight of the 13 property owners signed the petition requesting the lights. Two property owners stated they were opposed to the lights, and three property owners didn't contact the City. He stated 60% of the properties in the City pay for the operating costs of the streetlights as part of their utility bills. The rates for the lights in this addition would be approximately $24.85 per lot per year. Mayor Tierney asked when a petition is submitted, how many signatures are required for approval. Public Works Director Moore stated the Council requires that 50% of the property owners sign the petition. He explained the only legal requirement is that if there is more than 35% of the property owners signing the petition, it doesn't require a super majority vote of the Council. Mayor Tierney opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe, to adopt a Resolution Ordering Street Lighting Project for Bridgid Glenn Addition (Res2000-581). With all members voting in favor, the motion carried. Adopted City Council Minutes Regular Meeting of November 28, 2000 Page 5 of 13 General Business 8.1) Approve Rezoning, Site Plan, and Conditional Use Permit for Gramercy Park Cooperative Northwest (located north of Bass Lake Road and west of Northwest Boulevard extended - 20137) Community Development Director Hurlburt illustrated the site for the proposed Gramercy Park development. She stated this property was recently reguided from commercial to LA -4. She stated this project contains a three-story, 80 -unit apartment senior cooperative apartment building. She stated this development and the appearance of it is very similar to the other Gramercy development located at 45`x' Avenue just west of Nathan Lane. She explained the building would be an "L" shaped building with parking in the central area as well as underground. The application also includes a Conditional Use Permit to increase the height for the balconies. She stated there would be access to the site from Northwest Boulevard, and this County roadway is scheduled to be reconstructed (County project). In exiting the development, there would only be a right out to travel south on Northwest Boulevard. When one is travelling north on Northwest Boulevard, there would be a median break to allow access to the development. Councilmember Black asked about the mitigation of the two wetlands located adjacent to Northwest Boulevard. Community Development Director Hurlburt illustrated the wetlands and stated there would be two NURP ponds and one wetland. Councilmember Black asked why the developer is providing 25 additional parking spaces than what the City requires. Lou Stocco, Vice President of the Gramercy Corporation, stated there are only 50 surface parking spots. The additional parking spaces are for the underground parking. He stated they would be marketing these units to a "younger senior" who is 55 years and older, and usually these types of individuals are still working and have a second car. Councilmember Bildsoe asked when the County has scheduled Northwest Boulevard to be reconstructed. Community Development Director Hurlburt stated next year. Public Works Director Moore added that Northwest Boulevard is designated as a minor arterial. He stated typically, conflict points are created every time another driveway is created. For this development, the proposed entrance is the only access to the property. He stated this type of access would provide a safe access to the property. He stated usually 65 to 75 percent, or the majority of the traffic, would be exiting the development to the southeast in order to travel to the interstate. Adopted City Council Minutes Regular Meeting of November 28, 2000 Page 6 of 13 Community Development Director Hurlburt stated it could be somewhat of an inconvenience for residents in not being able to exit north out of the development. Originally, the County preferred no median break but was persuaded to construct a median since this is the only access to the property. Councilmember Slavik asked about waiting lists for these types of units and if preference is given to Plymouth residents. Mr. Stucco replied no, but with the previous development, the majority of the residents were from Plymouth. Councilmember Black asked if there would still be an option to provide access to the property on the west side of the property off Quinwood Lane. Community Development Director Hurlburt replied that would be unlikely due to the layout of this development, and staff has not received development plans for that property to the west. Mayor Tierney stated she appreciates the fact that the County is striving for safer roadways. However, it still concerns her that residents wouldn't be able to exit the development to the north. She suggested the residents be allowed to exit to the north except for prohibited hours when the roadway is too busy. Councilmember Johnson stated it is very difficult when there isn't a signalized intersection for traffic heading north on Northwest Boulevard. The safer option is for people to travel to a signalized intersection on Northwest Boulevard as there are many times during the day when there are rush hours at odd times of the day. Mayor Tierney stated there would also be the potential for a high number of U-turns. Community Development Hurlburt stated there are only 80 dwelling units, and the typical rate of trips would be six to eight trips per day per unit. She stated the senior residents of the building are more likely to make their trips when the road isn't so busy. Mr. Stocco thanked the Council for the opportunity to construct another development in the City. Motion was made by Councilmember Slavik, and seconded by Councilmember Black, to adopt an Ordinance Amending Chapter 21 of the City Code to Classify Certain Land Located North of Bass Lake Road and West of Future Northwest Boulevard (20137 — Ord2000-35). Councilmember Black requested a friendly amendment to the motion to adopt a Resolution Approving Findings of Fact for Rezoning Property located North of Bass Lake Road and West of Future Northwest Boulevard (2000-582). Councilmember Slavik accepted this friendly amendment. Adopted City Council Minutes Regular Meeting of November 28, 2000 Page 7 of 13 Steve Gardner, 10717 10'' Avenue North, stated he is surprised that the housing development adjacent to this development in Maple Grove didn't address the Council this evening regarding the number of trees that would be removed from this property. He stated according to the tree replacement plan, only five maple trees would be replaced along with assorted shrubs. There being no further discussion, and with all members voting in favor, the motion carried. Motion was made by Councilmember Slavik, and seconded by Councilmember Black, to adopt a Resolution Approving Site Plan and Conditional Use Permit for Gramercy Corporation for an 80 -Unit Senior Cooperative Located North of Bass Lake Road and West of Future Northwest Boulevard (20137 — Res2000-583). With all members voting in favor, the motion carried. 8.2) Approve Preliminary and Final Plat, Site Plan, and Conditional Use Permits, Interim Use Permit and Variance for Shadow Hills Apartments (located in the northwest quadrant of the intersection of Nathan Lane and 45th Avenue North - 20149) Community Development Director Hurlburt illustrated the proposed site. She stated this project contains four apartment buildings. Three of the buildings would be four stories in height while one is three stories in height. She stated as part of this request, there is an interim use permit request to allow some reduction in required parking spaces for the development. She explained there is a wetland on the eastern part of the site near Highway 169. This property had been planned for office use, and the majority of the area is outside the walking distance to a neighborhood park. Therefore, the developer would be constructing recreational facilities that includes a recreational building, swimming pool, and playground area complete with equipment. She stated one of the major issues to this development is the tree preservation. She explained this property is heavily vegetated, and it was disturbed during the construction of Highway 169. The property mainly contains cottonwood and aspen trees. She stated quite a few of those trees would be removed, and the site would be extensively graded due to the terrain of the property. She stated the developer is trying to provide additional buffers to Highway 169 which makes it very difficult to comply with the City's reforestation requirements. Therefore, the developer would be required to pay $185,000 in a restitution fee which would be used to fund tree plantings in City projects throughout the community. She stated one question that was raised on this project was the issue of housing affordability as there is a need for more life cycle and affordable housing in the City. Staff is working with the developer. She noted that it might be difficult to utilize tax increment financing without the assistance of other grants. Stephen Young, from Park Land Company (developer), illustrated the exterior of the buildings which would be a combination of brick and siding. He explained the building on the southwest portion of the property is a three-story building in order to coincide with the adjacent development on Nathan Lane. They are striving to replant the site with high quality plantings, and they will be trying to preserve as many trees as possible in the wetland area. They are Adopted City Council Minutes Regular Meeting of November 28, 2000 Page 8 of 13 proposing one and two bedroom units with dens, and at this point, they haven't proposed three bedrooms. However, the eastern building would allow the opportunity to construct three bedroom units but it all depends on the availability of the developer to make them affordable or desirable units. Councilmember Johnson asked about the parking (two stalls per unit) which is less than what the ordinance requires. Mr. Young stated of the 17 acres, five acres are made unavailable due to the wetlands. He stated there would be stringent controls of the parking spaces for storage of equipment and recreational uses. This would be restricted through covenants and lease agreements. In addition, all parking spaces are nine -foot stalls with no compact parking. However, they could add an additional 20 to 30 stalls for compact parking, and there is also the option to expand the parking on the southern end of the wetland if necessary. Councilmember Johnson asked what the plans are for the eastern portion of the property that is undevelopable. Mr. Young replied currently that area is flat open ground between the highway and the wetland. They are proposing a loop trail between the two ponds with a rolling terrain. The buffers around the wetland would also be expanded. They intend to plant a prairie reforestation near the highway. The City would vacate the former right-of-way which would allow them to create a 10 -foot berm with plantings (approximately 200 trees). Joshua Aaron, from Park Land Company, stated they continue to work with staff and the City's Housing and Redevelopment Authority for affordable housing for this development. Councilmember Brown stated this is a good project, but the affordable housing issue is very important. He stated there are no requirements for the developer to provide affordable housing. However, he would like a show of good faith by the developer in trying to provide affordable housing. Mr. Aaron stated he would strive to attain this goal. Mayor Tierney stated in some cases it is very difficult in trying to provide affordable housing, but she appreciates the developer's efforts. She encouraged the developer to consider constructing three bedroom units, as there is a need for that type of housing in the community also. City Manager Johnson explained to the Council that staff continues to meet with the developer in trying to find options for affordable housing. Steve Gardner, 10717 10`h Avenue North, voiced his frustration with the Council in approving developments where a number of trees are to be removed. He suggested the City retain the forests that are located in the City and construct these types of developments where the land is already cleared and open. Adopted City Council Minutes Regular Meeting of November 28, 2000 Page 9 of 13 Mayor Tierney stated the owners of the property have a right to develop their land within the existing zoning and planning regulations. She stated if the developer meets the City's zoning and planning requirements, there isn't much the Council can do. However, the City has purchased property within the past few years to preserve trees and retain open spaces. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt a Resolution Approving Preliminary and Final Plat by request of Park Land Company for a 318 - Unit Apartment Complex located at the Northeast Quadrant of the Intersection of Nathan Lane and 45 Avenue North (20149 — Res2000-584) and a Resolution Approving Site Plan, Conditional Use Permits, Interim Use Permit, and a Variance by request of Park Land Company for a 318 -Unit Apartment complex located at the Northeast Quadrant of the Intersection of Nathan Lane and 45 Avenue North (20149 — Res2000-585). Councilmember Brown asked if staff foresees any problems in vacating the frontage road. Public Works Director Moore replied there shouldn't be a problem. The City would basically be vacating the rights to the right-of-way to utilize it as a public roadway. Councilmember Johnson asked when the improvements would be occurring at Nathan Lane and County Road 9. Public Works Director Moore stated staff is confident this improvement would commence in 2001. There being no further discussion and with all members voting in favor, the motion carried. The Council took a short recess at 8:50 p.m. and reconvened the meeting at 9:05 p.m. 8.3) Approve Construction Cooperative Agreement with Hennepin County for County Road 101 Improvements (9005) Public Works Director Moore provided an update on the project thus far. He stated approval of the construction cooperative agreement with the County would be the last step for the Council before the County approves the agreement and accepts bids. He stated this agreement establishes the responsibility of the City and the County. The major point in the agreement is the cost sharing between the City and the County. He stated in general terms, the construction cost of the project is $5.8 million dollars. With the addition of the design engineering costs, the total cost is 8.1 million which includes $300,000 for proposed landscaping. He stated this agreement does contain the provision that the County would contribute $125,000 towards the landscaping project, and the City would contribute $175,000. The agreement states the City's share is $2.3 million. Adopted City Council Minutes Regular Meeting of November 28, 2000 Page 10 of 13 He stated there is one provision in the agreement that is not in accordance with County policy which, he believes, is unfair to the City. He explained this is the additional payment by the City for design costs associated with construction improvements which are the responsibility of the County. He stated if this additional design cost is deleted, the estimated City cost for the road project is $1,914,447. Of this amount, $268,715 is associated with utility relocation. These costs are the responsibility of the City's utility trunk fund. The remaining cost to be financed by the City associated with the street improvement is $1,645,732. The adopted Capital Improvements Program for the City included $850,000 for this improvement project. Compared to the adopted Capital Improvements Program, there is a deficit of $800,000 in City financing for the road improvement project. He stated two street projects within the City's five-year Capital Improvements Program would be delayed. The County is delaying the construction of County Road 73 from 2002 to 2005 because of their financing limitations. Also, the City had projected the extension of Cheshire Lane in the urban expansion area to be completed from Schmidt Lake Road to County Road 47 by 2001. The City has received development proposals only on the southern portion of this area. Since the City has received no development proposals associated with the northern portion of this property, its construction would be delayed at least until 2002 or later. Councilmember Harstad asked what expenses has the City incurred to date with this project. Public Works Director Moore stated there have been some out of pocket expense in preparing preliminary landscaping plans, and the City had made the offer to purchase eight single-family homes. Currently, the City has acquired three of those homes. Councilmember Harstad asked if landscaping located outside the right-of-way would be assessed to benefiting property owners. Public Works Director Moore replied the County and the City would pay for the entire landscaping costs. This includes the plantings in the medians, boulevard areas adjacent to the trail, some along property lines, and screening fences in some areas where there is a wetland were berming couldn't be utilized. Currently, no assessments for landscaping are proposed. Councilmember Harstad asked if the sanitary sewer and watermain relocation costs are included in the Capital Improvements Program. Public Works Director Moore replied there are two major components. One is replacing an existing watermain (cast iron pipe) which is approximately 30 years old as well as a sanitary sewer pipe constructed under the roadway in order to remove the pumping station. These costs are part of the utility trunk fund's cost of the project. City Manager Johnson stated the agreement with the recommended modification to delete the 290,000 in engineering fees to the City would be presented to the County Board for approval. Adopted City Council Minutes Regular Meeting of November 28, 2000 Page 11 of 13 Councilmember Harstad stated this agreement is based on estimates rather than the actual bids. He asked what would occur if the bid is higher than the estimates. Public Works Director Moore stated the agreement contains language that if there is a sizable difference between the bids and the estimates, the Council would have the opportunity to reconsider the agreement. Typically, the bids are usually within one to two percent of the estimates. Councilmember Harstad voiced his frustration with this project exceeding budget while Councilmember Bildsoe indicated his support for this project as the project is needed. Councilmember Brown asked for assurance that the City could allocate additional state aid funds to this project. Public Works Director Moore stated of the gas tax dollars that are paid, the cities over 5,000 receive nine percent of those funds. The City's share is based on the population 50%) and the City's transportation plan (50%). Currently, the City receives $1.6 million per year. He stated to utilize those funds, a construction project would need to occur on a State aid road. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt a Resolution Approving Construction Cooperative Agreement for County Road 101 Improvements (County Project No. 8911 and City Project 9005 — Res2000-586). Clinton Asche stated he first received notice of this project by virtue of an October 2 letter from the County. Craig Twinem, County Engineer, explained this letter is from the County's Real Estate Division, and they have begun the right-of-way negotiation process. He stated this process did not occur prior to approval of the construction process. Public Works Director Moore added that over the course of the last 18 months, the City and County have prepared mailings that have been mailed to the owner at that address. Mr. Asche voiced a concern about the number of trees to be removed on his property. Public Works Director Moore commented that if those trees were on private property, there would be compensation. However, if they were located on the County owned right-of-way, there would be no compensation. Mike Melyncheck, 17915 34th Avenue, echoed Councilmember Harstad's comments relating to the increased costs of this project. He stated this is a very expensive project for only 1.3 miles. He suggested the trails be eliminated, but retain a four lane roadway. He stated he is also concerned about the preliminary plans for the landscaping. He would like to be informed of the definite dates when this landscaping is to begin. Lastly, he asked about the status of purchasing Adopted City Council Minutes Regular Meeting of November 28, 2000 Page 12 of 13 the Conoco property. If that item is still being negotiated, why is the City/County adding additional costs to the project. Public Works Director Moore stated he couldn't commit to firm dates on the landscaping contract due to the types of trees to be planted and when they need to be planted. He stated the major construction work should be completed by late fall 2001. It may be very difficult to do any landscaping at that time. However, some of the landscaping should be completed in spring and fall 2002. Councilmember Johnson asked if eliminating the trails could reduce the project cost. Public Works Director Moore stated if the City would remove a trail and construct it later, the County wouldn't participate in the cost. He stated the other factor is what side of the street would the trail be removed. John Rosendahl, 3335 Queensland Lane, voiced his concern about the cost of the project. He stated he is concerned about the final landscaping plans. He asked how the estimates were obtained for the fair market value on the homes that the City would be purchasing. Lastly, he stated the Council needs to consider the major impacts of this road, and the road not being improved south of the County Road 24/County Road 101 intersection. Kim Helgerson, 3200 Queensland Lane, stated she doesn't understand the assessment for berming and landscaping. She asked why the median has to be as wide as it is. She asked what other projects these estimates were based on and what were the success rates on those projects. She asked what the City's ordinance is for right of way maintenance. She asked if anyone has considered redeveloping the Vicary property as perhaps a neighborhood park could be located there. Councilmember Johnson stated she doesn't support assessing the landscaping costs to the property owners, and the Council has never discussed that. Councilmember Harstad stated this would be an improvement on private properties that would benefit those properties. Therefore, the property owners should be required to pay a portion of that expense. Councilmember Johnson disagreed and stated there is a problem in that many of the homeowners do not support this street improvement. She stated this issue should've been discussed prior to tonight's meeting. Public Works Director Moore stated regarding the size the median, the concrete border on the median is to reduce maintenance costs in the future. This could be eliminated, but the City would be responsible for the maintenance. Adopted City Council Minutes Regular Meeting of November 28, 2000 Page 13 of 13 He stated the property owners are required to maintain the right-of-way to the traveled portion of the roadway. Regarding the snow removal on the trail, if the City determined that the snow needed to be cleared, the City would perform that task. He stated regarding the Vicary property, he feels this would be the easiest property to resell for fair market value. The garage isn't that valuable, and it should probably be torn down or removed. The City acquired that property in order to eliminate the driveway access on County Road 101. Councilmember Slavik stated she has received many comments in support of this project. She stated there is a need to improve this roadway. If this project is delayed, the costs could increase. Councilmember Bildsoe agreed with Councilmember Slavik. He stated this roadway is a public safety hazard. He stated it is worth reconstructing this road due to the access to the Greenwood Elementary School. There would also be better accesses to properties. Therefore, he requested the Council's support of this project. Councilmember Johnson echoed Councilmember Bildsoe's comments. There being no further discussion and with all members voting in favor but Harstad, the motion carried. Reports and Recommendations 9.1) Legislative Issues Mayor Tierney provided an update on the Legislative Commission. Councilmember Johnson stated many of the Legislative Commission's issues coincide with the League of Minnesota Cities issues. She suggested that a discussion on the Council's legislative issues be placed on the December 19 Council agenda. Adjournment Motion was made by Councilmember Slavik, and seconded by C uncilmember Bildsoe, to adjourn the meeting at 10:55 p.m. With all members voting in av r, the motion carried. R. Paulson, City Clerk