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HomeMy WebLinkAboutCity Council Minutes 09-07-1999Adopted Minutes Regular Council Meeting September 7, 1999 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 Boulevard, on September 7, 1999. COUNCIL PRESENT: Mayor Tierney, Councilmembers Brown, Black, Harstad, Johnson, Bildsoe, and Slavik. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant Manager Ahrens, Public Safety Director Gerdes, Finance Director Hahn, Parks and Recreation Director Blank, Community Development Director Hurlburt, Public Works Director Moore, Attorney Poehler, and City Clerk Paulson. Plymouth Forum Dan Waldrop, 18845 8t' Avenue, spoke to the Council about the preservation of the natural park area in Ferndale North Subdivision. This item is to be considered by the Planning Commission at their next meeting. The City owns the property. Ferndale North residents received a petition for a playground in the middle of the subdivision. He and his wife stated their opposition. Parks and Recreation Director Blank was made to believe that the majority of the neighbors were in favor of it. Since that time, however, he circulated another petition and at least 78 homes opposed the development in this area. The agreement between the City and Lundgren Bros. states to preserve this property as a nature area and open space. They believe there are three other sites the City could evaluate for a playground in this area. Mary Belden, 18725 4t' Place North, explained why the open space should be preserved: 1. This area provides wildlife habitat. 2. It's natural undeveloped space. The City has become aware of the importance of preserving open undeveloped space. 3. Outlot currently provides a buffer (attractive and accessible). 4. The current unstructured play area is of good value for children. She stated the playground couldn't be developed without inhibiting what is currently there. The site would be disturbed when walkways are constructed to the central playground area Another point is the middle of the site is not visible from all areas which could be a liability issue for the City. There could be a lack of supervision for the children. She stated access to the parcel is poor. There are currently two access points that the children have made through the years. Adopted City Council Minutes September 7, 1999 Page 2 of 17 In conclusion, she stressed one of the important issues is that for 22 years this parcel has been a naturally preserved area with no improvements. She stated the current CIP is correct, and many people have purchased their homes because of the use of this area. She reminded the Council of this wonderful neighborhood asset, and the fact that there is currently no support for the playground area. Mayor Tierney informed both Mr. Waldrop and Ms. Belden that their message needs to be conveyed to the Planning Commission at their meeting. Ms. Belden stated they realized that, but they just wanted to inform the Council what they would be considering in the near future. She encouraged the Councilmembers to visit the site, and she offered additional information if they so desired. She questioned Mayor Tierney about comments she had made on the community channel. Mayor Tierney explained her comments were the Council does indeed value open space; however, the City also values neighborhood playground areas for children, and the need to find suitable areas for children to play. Presentations and Public Information Announcements 4.1) National Night Out Award Winners Scott Streachek, from the Police Department, discussed the success of the annual National Night Out that was held on August 3, 1999. There were a total of 73 event sites, and 1,100 pounds of food was collected for the local food shelf. Public Works Department, Fire and Police Departments, and the Council all participated in the event. Residential Awards were presented to Tammy and Mark Reinberg and Pam and Larry Schmidt (9900 block of 37th Avenue) while the Multi -Housing Award was presented to Lakeview Commons Apartments, 15215 18th Avenue North. Mayor Tierney commented about the importance of "National Night Out" which promotes safety in the neighborhoods. 4.2) Oath of Office to Eight Firefighters Chief Kline introduced firefighters Larry Baker, Troy Beckman, Brett Eenhuis, David Fossum, Christina Friedland, John Gavin, Howard Hempel, and Brent Weldon who just completed a one- year probationary period. City Clerk Paulson swore in the officers followed by the presentation of badges by District Chief Luth. 4.3) Proclaim Pollution Prevention Week, September 20-26,1999 Adopted City Council Minutes September 7, 1999 Page 3 of 17 Solid Waste Coordinator Marjorie Vigoren requested the Council proclaim September 20-26, 1999 as "Pollution Prevention Week." Each day of the week has been assigned a theme household, school, lawn and garden, office, shopping, travel/leisure, and weekend recreation). Mayor Tierney then read the proclamation. Approval of Agenda Mayor Tierney requested a report from Public Works Director Moore or Community Development Director Hurlburt on the recent County meeting regarding the Elway Farm located in northwest Plymouth and Medina. Motion was made by Councilmember Black, seconded by Councilmember Brown, to approve the amended agenda. With all members voting in favor, the motion carried. Consent Agenda 6.01-6.28) Councilmember Johnson requested item No. 6.14 be removed from the Consent Calendar. Mayor Tierney stated this item would now be item No. 8.4 under General Business. Motion was made by Councilmember Black, and seconded by Councilmember Brown, to approve the amended Consent agenda which included the following items: 6.01: Approval of City Council Minutes (August 17, 1999 and August 24, 1999). 6.02: Resolution Approving Disbursements for the Period Ending August 27, 1999 (Res99-346). 6.03: Resolution Approving Variances for Robert and Julie Fern for Property Located at 15130 9`h Avenue North (99043 — Res99-347). 6.04: Resolution Approving Conditional Use Permit and Variances for Wayzata High School Stadium Located at 4955 Peony Lane North (99052 - Res99-348). 6.05: Resolution Approving Site Plan Amendment and Conditional Use Permit for Precious Corner Preschool at Beautiful Savior Lutheran Church at 5005 Northwest Boulevard (99061 — Res99-349). 6.06: Resolution Axproving Preliminary Plat for Betsy and Bill Krutzig for Killian Addition, Located at 12795 6 Avenue North (99062 — Res99-350). Adopted City Council Minutes September 7, 1999 Page 4 of 17 6.07: Resolution Approving Site Plan Amendment, Conditional Use Permit and Variance for Property Located at 9900 Rockford Road (99065 — Res99-351). 6.08: Resolution Axproving Conditional Use Permit for McCarthy Construction for Property Located at 9714 10 Avenue North (99074 — Res99-352). 6.09: Resolution Approving Final Plat and Development Contract for Lauren Development Inc. for "Silverthorne 5`" Addition" Located North of Schmidt Lake Road at Quantico Lane (99075 — Res99-353), and a Resolution Adopting Assessments for City Project No. 9019, Sanitary Sewer and Watermain Area for Silverthorne 5t' Addition (9019 — Res99-354). 6.10: Resolution Approving a Variance to Allow a 17 -Foot Rear Yard Setback for David Vaynberg for Property Located at 10710 34h Avenue North (99076 — Res99-355). 6.11: Resolution Approving Rear Yard Setback and Shoreland Impervious Surface Coverage Variances to Allow Construction of a Home Addition for Ron Splett for Property Located at 1040 Zanzibar Lane North (99087 — Res99-356). 6.12: Set Special Council Meeting for September 21, 1999 at 5:30 p.m. to interview youth applicants for Youth Advisory Council and Human Rights Commission. 6.13: Set Special Council Meeting for September 14, 1999 at 6:15 p.m. and Establish Topics. 6.14: This item was removed and acted upon under General Business as item No. 8.4. 6:15: Resolution Approving an Encroachment Agreement for McLeod USA Telecommunications Services Inc. for Placement of Communication Cable in City Rights -of - Way and Authorizing the Mayor and City Manager to Sign the Agreement (Res99-358). 6.16: Resolution Authorizing Agreement Providing Sewer and Water to St. Edward's Church of Orono (Res99-359). 6.17: Resolution Authorizing Preparation of Plans and Specifications and Securing of Bids for a Desiccant Dehumidification System for the Plymouth Ice Center (Res99-360). 6.18: Approval of recommendation from Environmental Quality Committee on marking of street storm sewer inlets. 6.19: Resolution Approving Banquet Room rental Fees for Plymouth Creek Center Ballroom Res99-361). Adopted City Council Minutes September 7, 1999 Page 5 of 17 6.20: Resolution Approving Lot Division/Lot Consolidation for Kevin Sullivan and Robert Hagan for Properties Located at Lot 2, Block 3, Maple Dell, and Lot 6, Block 5, Maple Creek Res99-362) 6.21: Approval of Reduction in Development Contract Financial Guarantees: 6.21.1 Resolution Reducing Required Financial Guarantee for Parkers Lake North 3`d Addition 87036 — Res99-363). 6.21.2 Resolution Reducing Required Financial Guarantee for Parks Lake North 5t' Addition 88065 — Res99-364). 6.21.3 Resolution Reducing Required Financial Guarantee for Parkers Lake North 7d' Addition 91103 — Res99-365). 6.21.4 Resolution Reducing Required Financial Guarantee for Kimberly Woods Addition 93018 — Res99-366). 6.22 Adoption of Resolutions Declaring Costs to be Assessed and Setting Assessment Hearings for the following improvements: 6.22.1 Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Zachary Lane Improvements, City Project No. 5030 (Res99-367), and Resolution for Hearing on Proposed Assessment for Zachary Lane Improvements, City Project No. 5030 Res99-368). 6.22.2 Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Ferndale Road Improvements, City Project No. 6007 (Res99-369), and a Resolution for Hearing on Proposed Assessment for Ferndale Road Improvements, City Project No. 6007 (Res99-370). 6.22.3 Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Town Center/Mann Theatre Drainage Improvements, City Project No. 7011 Res99-371), and a Resolution for Hearing on Proposed Assessment for Town Center/Mann Theatre Drainage Improvements, City Project No. 7011 (Res99-372). 6.22.4 Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for 1998 Street Reconstruction Project — Phase II — Part A for City Project No. 8001 Res99-373), Resolution for Hearing on Proposed Assessment for 1998 Street Reconstruction Project — Phase II — Part A for City Project No. 8001 (Res99-374), Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for 1998 Street Reconstruction Project — Phase Ii — Part B for City Project No. 8001 (Res99-375), and a Resolution for Hearing on Proposed Assessment for 1998 Street Reconstruction Project — Phase II — Part B for City Project No. 8001 (Res99-376). Adopted City Council Minutes September 7, 1999 Page 6 of 17 6.23: Resolution Supporting Application for Transit Capital Funding from the Metropolitan Council (Res99-377). 6.24: Resolution Supporting Application for Transit Capital Funding from the Metropolitan Council for Replacement Buses and Fleet Expansion (Res99-378). 6.25: Resolution Requesting MN/DOT to Conduct Speed Zoning Study for Zachary Lane from 36'x' Avenue to Bass Lake Road (Res99-379). 6.26: Resolution Correcting Resolution 99-244 (DOC #7140430) Authorizing the Vacation of Part of Brockton Lane Street Right -of -Way Greentree West (Res99-380). 6.27: Resolution Approving Garbage Hauler License for Armor Roll -Off Services, LLC (Res99- 381). 6.28: Resolution Ordering Public Hearing on the Vacation of Part of a Drainage Easement for Ponding within Lots 1 and 3, Block 1, Meyer Gonyea Addition (Res99-382), and a Resolution Ordering Public Hearing on the Vacation of Part of the Drainage and Utility Easements within Lots 1, 2, and 3, Block 1, Meyer Gonyea Addition (Res99-383). Councilmember Black requested that on the list of future study session topics, the drainage maintenance and notification issue is replaced with the CIP process and public improvement process. She informed the Council she would not be present on September 21, 1999 at 5:30 p.m. to interview youth who have expressed interest in serving on the Youth Advisory Council and the Human Rights Commission. Mayor Tierney stated there is a possibility that she also may not be in attendance. She suggested staff contact the Councilmembers to see if there will be a quorum of Councilmembers at this interview session. With all members voting in favor of the amended Consent Agenda, the motion carried. Public Hearings 7.1) Assessment Hearing on Delinquent Water, Sewer, Recycling, and Street Lighting Charges, Unpaid Annual Street Lighting for Unimproved Parcels and Unpaid Annual Recycling Fees Adopted City Council Minutes September 7, 1999 Page 7 of 17 Finance Director Hahn discussed the revised resolution which was handed out prior to this evening's meeting that included two properties being added back to the assessment roll. In both cases, the property owners were duly notified. Mayor Tierney asked what the City's course of action is for those property owners who will not allow City staff to inspect their sump pumps. Finance Director Hahn replied the City has tried calling the property owners, sending certified letters, and using door hangars. For those property owners that choose to not respond, the City collects $100 per month in penalty charges. Councilmember Harstad asked if the property owners have the alternative to remove the sump pump and not use it. Finance Director Hahn replied yes. However, at this point, staff doesn't even know if they have a sump pump. Mayor Tierney asked if there could be any conditions of the property that could warrant a police check. Public Safety Director Gerdes stated the Police Department could only do a drive-by at this point. If there would appear to be some adverse condition with the house and/or property, the police could investigate it further. 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 hearing closed. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt a Resolution Adopting Assessments for 1999 Delinquent Water, Sewer, Recycling, and Street Lighting Service Charges (Res99-384) and a Resolution Adopting Assessments for 1999 Unpaid Annual Street Lighting for Unimproved Parcels and Unpaid Annual Recycling Fees (Res99- 385). With all members voting in favor, the motion carried. 7.2) Public Hearing on Proposed Levy Certification Tax Rate Manager Johnson stated tonight's hearing is a new requirement of the State law. Cities are required to conduct a public hearing and adopt a Resolution if their tax rate would increase based upon a formula applied to the tax base for the previous year. This formula does not allow for growth or inflation. He stated item No. 8.3 under General Business, the Council would approve the maximum tax levy and the preliminary budget. In December the truth and taxation hearing is conducted, and the final budget would be adopted. He stated the emphasis on next year's budget was to fund operations for the Activity Center and Field House, water quality plan items, public safety additional firefighters, school liaison officer), traffic signals (opticon), adding traffic enforcement office and in-house traffic engineer, manage growth and development in the Adopted City Council Minutes September 7, 1999 Page 8 of 17 northwest Plymouth area (planning assistant and HRA assistant), and funding of elections. December 6' 1999 the Truth and Taxation hearing will be conducted with a reconvene date of December 21, 1999. Councilmember Slavik asked what the taxes would be on an average valued home on the open space bond. Finance Director Hahn replied $9.28 on a $206,000 valued home. 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. Councilmember Johnson stated she believes it was the intent of the law to keep the cities accountable to the taxpayers, and she stressed that the Council has always worked very hard to preserve the tax dollars. She encouraged public participation with the budget process. Mayor Tierney requested a letter be drafted to the City's legislators regarding this new law. It is confusing to the public as well as offensive to elected officials. It appears to serve no apparent public purpose. She would like to know what the intent of the law was, who drafted the legislation, and what the vote tally was. Mayor Tierney stated the adoption of this Resolution would be deferred to item No. 8.3. General Business 8.1) Approve Planned Unit Development Plan Amendment for Hans Hagen Homes, 99077) Community Development Director Hurlburt illustrated the proposed site (County Road No. 24 and Highway 55). Regarding this previously approved development, only the daycare center and auto service businesses remain to be constructed. The applicant is requesting to increase the size of the daycare site from 6,030 square feet to 8,632 square feet. The proposed daycare building would be subject to the conditions of the approved PUD general plan, including the architectural and sign standards. The daycare site was part of Phase I which established a completion date of December 31, 1999 for the Phase I improvements. Councilmember Slavik asked why the developer is being granted additional time to construct the daycare building. Community Development Director Hurlburt replied the only other option for the developer would be a completely different plan, but this use is still consistent with the original intent of the PUD. Adopted City Council Minutes September 7, 1999 Page 9 of 17 Councilmember Slavik asked what is included in Phase II. Community Development Director Hurlburt replied a gas station/convenience store and auto service. Councilmember Slavik asked if there are any penalties if the developer doesn't satisfy the PUD requirements and meet the deadline. Community Development Director Hurlburt stated it is typical to conduct negotiations for the deadline. However, it is difficult to say what punishment might be effective to force someone to construct a building. If the developer doesn't meet the deadline, then he has to come back through the City's process. Councilmember Slavik noticed traffic would increase 176 daily trips to this site. She stated she has a concern for the children who wait on this road for the school bus. She asked if there have been any discussions on the construction of a bus shelter. Community Development Director Hurlburt stated construction of a bus shelter would be the responsibility of the Wayzata School District. She stated taking into consideration the retail nature of this development, there aren't a lot of trips early in the day but more in the evening. Councilmember Johnson asked what the type of entrance exists into the development off Dunkirk. Community Development Director Hurlburt replied two lanes southbound for exiting and one lane northbound for entering. Hans Hagen, developer, 941 Northeast Hillwind Road, Minneapolis, stated he had no comments unless the Councilmembers have questions at this time. Motion was made by Councilmember Johnson, seconded by Councilmember Slavik, to adopt a Resolution Approving PUD General Plan Amendment for Hans Hagen Homes to Increase the Size of the Daycare Building for Plymouth Station Located South of Highway 55, North of Medina Road, and East of County Road No. 24 (Res99-386) with an amendment to item No. 2 of the Resolution to state, "A PUD general plan amendment is granted in keeping the size of the building to remain at 6,030 square feet." Councilmember Johnson stated the City shouldn't be increasing the traffic in this area, but trying to maintain a buffer/transition area for the area residents. She stated she couldn't support the increase in the traffic, but is still very supportive of it being a daycare. Mayor Tierney commented the irony is that a larger building is more of a buffer from the adjacent activity. She stated there could be additional traffic; however, Medina Road was constructed to handle it. Councilmember Slavik stated that she also supports a daycare but stressed that a larger building would not screen the development. She acknowledged that the developer has constructed screening and a buffer. However, by increasing the size of the building and adding additional traffic, it only creates additional stress for the neighborhood. She asked the developer if he could reduce the size of the facility. Developer Hagen stated he did have an initial daycare provider, but that didn't work out. Currently, he has a purchase agreement with Children's World, and this is their requested Adopted City Council Minutes September 7, 1999 Page 10 of 17 minimum size of building. He was very discouraged earlier this year in that he couldn't locate a daycare, and he had a deadline. If the size of the building would be decreased, it would nullify the purchase agreement with Children's World. If he were forced to contract with another daycare provider, it would be very unlikely that they would be able to occupy the building by the extended deadline. Councilmember Harstad stated he does not support the amendment as presented. There would be less than I% increase in traffic generated by the additional 30 children which is relatively immaterial in the scope of the traffic patterns in this area. Therefore, he doesn't view the increase in the size of the building as a major impact. The Council then voted on the motion. With all members voting against the motion but Councilmembers Slavik and Johnson, the motion failed. Motion was made by Councilmember Harstad, seconded by Councilmember Brown to adopt a Resolution Approving General Plan Amendment for Hans Hagen Homes to Increase the Size of the Daycare Building for Plymouth Station (Res99-386) as presented with no amendments. With all members voting in favor except Councilmembers Slavik and Johnson, the motion carried. Motion was made by Councilmember Black, seconded by Councilmember Johnson to adopt a Resolution Approving Findings of Fact for Amending the Zoning Ordinance Text for the Plymouth Station PUD (Res99-387), and an Ordinance Amending Chapter 21 of the City Code to Amend Section 21655.18 for PUD 91-1 (Plymouth Station) Amendment for Lot 1, Block 1, and Outlot A Plymouth Station Addition (Ord99-24). With all members voting in favor, the motion carried. 8.2) Consideration of a Sanitary Sewer Public Improvement Project to Serve Properties on Troy Lane north of County Road No. 6 Public Works Director Moore reported there is an area in the City containing approximately 35 single family homes located north of County Road 6 and west of County Road 101 that does not have public sanitary sewer service. These are large lots that for the most part are south of Mooney Lake and have been developed over the past 30 to 40 years with private sewer disposal systems (septic tanks) and wells. He stated in 1988, the City initiated a project that would provide sanitary sewer service to the entire area. After a public improvement hearing, there were almost unanimous objections to the project except for properties which were considered for further subdivision along County Road 6 at the westerly end of the area. In 1997, the City received a request from two of the property owners (Swenson and Simonson) for public sanitary sewer since they had an inspection of their septic system, and it failed to meet current standards. He explained in September 1997, the City Adopted City Council Minutes September 7, 1999 Page 11 of 17 did authorize the plans and specifications for a project that would serve five properties along either side of,Troy Lane. Only two of the properties were in favor of the project at that time. The estimated cost to each property was approximately $16,000. He stated during 1998, the Engineering Department completed the final plans. As the plans were prepared, the routing for the sanitary sewer along County Road 6 became more complicated and because of this it was projected that the cost would increase. If the additional costs are added that would be required to be expended by some of the property owners to obtain the service to their house, the total estimated cost to approximately three of the properties would be $30,000 to 35,000 for City public sewer. Since only two of the five properties were strongly in favor of this project, the City did not actively pursue the project. He explained in May 1999, he was contacted by Paul McRoberts, who lives on the northerly portion of Troy Lane inquiring whether he would be allowed to connect to the public sewer system on 19th Avenue by extending a private house sewer from his property easterly across Imperial Hills Park to 19th Avenue. After further discussion with Mr. McRoberts, he had elevations checked by a surveyor, and it was physically possible to make this connection but it would require substantial disturbance to the City's park area. If the City would allow Mr. McRoberts to extend a private sewer across the City park area, it would not provide service to other adjacent properties in the future. Therefore, he does not support the installation or private sewer across City property. Mayor Tierney asked for those property owners who have fairly new septic systems, would they be required to hook into the City's sewer system and pay within a certain amount of time. Public Works Director Moore replied staff would address this concern in more detail in the next report. He stated whatever action the Council orders, it could establish precedence for the northwest Plymouth area. He stated there could possibly be some deferments, or the City could contribute some funds because of the City parkland in this area. Councilmember Harstad and Public Works Director Moore discussed the difference in costs for a new septic system or connecting to the City's sewer system. Public Works Director Moore stated for a new septic system, it would cost approximately $8,000415,000 while it could cost up to $30,000-$35,000 to connect to the City's sewer system. Mayor Tierney asked if it is correct that the City can't require anyone to pay a $30,000 assessment. Public Works Director Moore replied the City couldn't assess more than the benefit the City would provide. Councilmember Brown asked if staff has a sense of the level of interest on those properties along the lake. Public Works Director Moore replied in 1998 they were opposed, but staff hasn't contacted them recently. Adopted City Council Minutes September 7, 1999 Page 12 of 17 Motion was made by Councilmember Slavik, seconded by Councilmember Brown, to adopt the Resolution Authorizing the Preliminary Engineering Report for Troy Lane Sanitary Sewer Extension North of County Road 6, City Project No. 7018 (Res99-388). Paul McRoberts, 1810 Troy Lane, stated his concern is that other property owners may think the assessments are undesirable or unnecessary. He stated that he is in favor of installing a sewer system that would be a permanent fix. They are willing to abide with the wishes of the Council. Ronald Simonson, 18220 County Road 6, stated he is having problems with the sewer system. He initiated a petition over two years ago. One of the property owners since that time has stated he can't afford it. However, three out of the five property owners are in favor of the project. The remaining property owner is not in favor or against the project. He requested the Council to seriously consider sanitary sewer in this area. John Pasnau, 1725 Troy Lane, stated the problem is that a mound system can't be installed over an existing system. Mr. Simonson has to cut down a number of trees in order to install some type of system. He stated personally, he as 2 %Z acres, so he has no problem. He feels the City needs to bring the sanitary sewer up Troy Lane and remove the old septic systems. If the sewer were installed around Mooney Lake, it would be difficult, as a number of trees would have to be removed. Mayor Tierney stated the Council has previously considered this, and the Council is concerned about sewer seepage into the lakes. Mayor Tierney asked if the circumstances have to be justified in order to construct the sanitary sewer, i.e. failing septic systems, seepage. Public Works Director Moore stated yes. He commented with directional boring, the sewer has to be provided to the properties by the lakeside rather than on top of the hill because the homes are rather low in this area, and it has to be installed below the grade of the home. Councilmembers Slavik and Johnson called the question. With all members voting in favor, the motion carried. 8.3) Approve 2000 Proposed Budget and Proposed Tax Levies, Set Truth in Taxation Hearing, Amend Council Meeting Starting Time on December 21, 1999, and Adopt Resolution on Tax Rate Pursuant to Minnesota Statute 204B.135 Finance Director Hahn commented that the Resolution regarding the proposed tax rate should be amended to reference State Statute 275.078. Manager Johnson stated additional information would be presented at the Truth and Taxation hearing on December 6, 1999. He stated the reconvene date for adoption of the budget would be December 21, 1999 if necessary. Adopted City Council Minutes September 7, 1999 Page 13 of 17 Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt a Resolution Relating to Proposed Property Tax Levies for Taxes Payable in 2000 (Res99-389). With all members voting in favor, the motion carried. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, motion to adopt a Resolution Adopting Proposed 2000 Budgets (Res99-390). With all members voting in favor, the motion carried. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, motion to adopt a Resolution Setting Council Meeting Starting Time for December 21, 1999 Regular Council Meeting (Res99-391). With all members voting in favor, the motion carried. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt a Resolution Setting Truth in Taxation Public Hearing Dates for 2000 Tax Levy (Res99-392). With all members voting in favor, the motion carried. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt an amended Resolution Authorizing a Tax Rate Increase for the 1999 Tax Levy, Collectible in 2000 Pursuant to Minnesota Statutes 275.078 (Res99-393). With all members voting in favor, the motion carried. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, that the Council declares an official public hearing and notice for the above actions next year. With all members voting in favor, the motion carried. 8.4) Minimum Age Dial -A -Ride Ridership Policy Councilmember Johnson stated she is very grateful that staff presented this report. However, she is concerned of age six being the minimum age. She would prefer increasing the age to 10 that is similar to Maple Grove, Anoka, and some other communities. She believes this could be a liability issue for the City, and she is concerned that the children would be at risk on the bus. She suggested the Council's Transit Subcommittee review the policy. Motion was made by Councilmember Johnson, seconded by Councilmember Slavik to adopt a Resolution Establishing a Policy for Youth Dial -A -Ride Ridership on the Metrolink System Res99-357) with the amendment of a minimum age of 10 rather than 6 that is being proposed, and this be referred to the Council's Transit Subcommittee for their review. Manager Johnson suggested there be some time given to parents for transition of this proposed change. Public Works Director Moore explained the need for some type of policy; however, it would be to the City's advantage to receive public input from the parents and the Council's Transit Adopted City Council Minutes September 7, 1999 Page 14 of 17 Subcommittee. He suggested a 30 -day period to accomplish this. Councilmember Johnson requested a 60 -day period be given in order to notify people. Councilmember Harstad stated the people who are using this type of transportation probably don't have any other means for transportation for their children. They probably don't have a Plan B". Therefore, he supports the resolution as it is currently written. Motion was made by Councilmember Harstad, seconded by Councilmember Black to adopt the Resolution as originally proposed and be referred to the Council's Transit Subcommittee for their review within 60 days. Councilmember Brown stated he is concerned about the effect on families and would like the opportunity to study it further. Councilmember Slavik asked how many families would be affected. Public Works Director Moore stated there are probably 30-50 children, but he is unsure of the exact ages of the children. Councilmember Johnson stated that it is her intent to not affect families. She is very comfortable with age 10. Her first priority is the children. Councilmember Harstad stated he would like to start at age six and then increase it if necessary. Councilmember Black requested to delete the age requirement this evening until the meetings are conducted. Public Works Director Moore stated that the riders in the past have been far below the age of six. Mayor Tierney requested this be tabled for 60 days. Therefore, she moved and Councilmember Black motion to table any action on the Resolution for 60 days in order that a meeting could occur with the Council's Transit Subcommittee and the transit riders. With all members voting against the motion but Black and Tierney, the motion failed. Councilmember Bildsoe asked how the notices would be given to people. Public Works Director Moore stated notices would be given to riders and people who contact the City for scheduling. The Council then voted on the motion made by Councilmembers Harstad and Black to adopt the Resolution as presented with a review by the Council's Transit Subcommittee in 60 days. With all members voting against the motion but Harstad, Black, and Tierney, the motion failed. Councilmembers Johnson and Black called the question. Adopted City Council Minutes September 7, 1999 Page 15 of 17 The Council voted on the original motion to adopt a Resolution Establishing a Policy for Youth Dial -A -Ride Ridership on the Metrolink System (Res99-357) with the amendment of a minimum age of 10 rather than 6 that is beingyroposed, and this be referred to the Council's Transit Subcommittee for their review within 60 days. With all members voting in favor except Harstad and Tierney, the motion carried. Reports and Recommendations 9.1) Consider Resident Suggestion for Historical Markers (requested by Councilmember Johnson) Councilmember Johnson stated she was approached by a resident for historical markers in the community. Mayor Tierney suggested this be referred to the Historical Society, and after reviewing the request, they can provide a report to the Council on the possible implementation and funding. 9.2) Report on "Elwell Farm" Located in Plymouth and Medina Community Development Director Hurlburt, illustrated a 415 -acre tract of land commonly known as the Elwell Farm. Approximately 80 acres are in the City with the remainder in Medina. Hennepin County purchased the property for approximately $10,000 per acre. The County originally established a minimum bid of $25,000 per acre; however, there were no offers. Currently, there is a church interested in purchasing this property for the construction of a church, possible school, and other undetermined uses. County officials met with City staff and staff has informed the County of the use of this property according to the CIP which is the City has no plan to urbanize this area (public sewer and water). She stated church officials have presented to the County an offer to purchase just the 80 acres located in Plymouth for $1.7 million. The County also received a proposal to purchase both the Medina and Plymouth property for $9.3 million and the purchaser would resell the portion in Plymouth to the church. A third proposal is in the amount of $9 million, but the church is not part of their proposal. A fourth offer was received from for the entire property in the amount for approximately $8.7 million. She stated staff is concerned about the portion of the land in the City as it's outside the service area for utilities. However, the City also recognizes that the interceptor may be constructed which will be sometime sooner than 2020. With the interceptor in the vicinity of this property, it would be fairly simple to service this area. She explained there are a number of issues for servicing this property; however, the church would expect to build on the site very quickly. She Adopted City Council Minutes September 7,1999 Page 16 of 17 stressed that the developers are well aware of the planning process. Staff has heard conflicting statements from the church. She reported another issue that was discussed at the meeting was weighing the impact on the tax base for the sale of this property. If the church purchased this property, the property wouldn't be on the tax rolls as the church is exempt. The church has offered to pay the County $10,000 per year, which is the County's taxes on this property, if they would purchase the property and then resell it to a developer. However, staff realizes that a developer could purchase it and sell it to a church. She stated the committee today did make a motion to refer this item to the next Regular County Board meeting which will be conducted next week. Therefore, she stated if the Council wants to go on record as to the development of this property, this may be the time. Councilmember Bildsoe asked if it was conveyed and discussed that the City didn't want any development in this area. Community Development Director Hurlburt stated she heard church members recognized the City's position for this property, but they are hopeful that the City would reconsider their plans. Councilmember Black asked if the Resolution from last October which documented the City's position could be forwarded to the Hennepin County Board members. Community Development Director Hurlburt stated yes. She stressed that the majority of County Board Members realize the City's position, but it is more of a financial issue. Councilmember Harstad asked if it is correct that the offers which the County received are really conditional. Community Development Director Hurlburt acknowledged there are conditions of approval from Medina until their comprehensive plan is completed. Community Development Director Hurlburt stated one idea that was discussed was the possibility of trading with the County this property with County Road 47 as the County has indicated they would eventually like to give the County road to the City as it needs to be urbanized. Also, this happens to be one area in the City that has identified as a tenth playfield. City staff has been informed by the County that the City is too late. Councilmember Bildsoe stressed it needs to be conveyed to the County that the City needs to be informed of any developments with this property, and the City should provide a copy of the resolution from last year on the City's position for this property. Councilmember Johnson stated she agrees with Councilmember Bildsoe. Adopted City Council Minutes September 7, 1999 Page 17 of 17 Mayor Tierney stated there could be the potential final approval at the County Board next week. Community Development Director Hurlburt stated the reality is that the plans haven't been completed by Medina and the City on when the interceptor will be installed. The environment around this property is somewhat unsettled. Mayor Tierney stated she is perplexed to the County's urgency. Councilmember Brown asked what the City could do. Community Development Director Hurlburt stated perhaps the City could reiterate the City's plan for this area, register the displeasure in not being informed, and concern about the urgency on the County's part. Councilmember Bildsoe commented he feels it's wrong for governments to speculate on real estate. He too feels that the County needs to be informed again of the City's position on this property. Mayor Tierney stated she would be interested in the road swap if there was more time. She would consider working on this option with the County commissioners. Manager Johnson suggested the Council reaffirm the October decision for the 2020 development in this area. A motion was made by Councilmember Johnson, seconded by Councilmember Brown to reaffirm the Council's decision on this property by providing to the County a copy of Resolution 98-652 adopted on October 21, 1998 relating to the City's position of the 2020 development in this area. With all members voting in favor, the motion carried. Adjournment Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adjourn the meeting at 10:00 p.m. With all members voting in favor, the motion carried. rsandra R. Paulson,