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HomeMy WebLinkAboutCity Council Minutes 03-04-1998ADOPTED MINUTES REGULAR COUNCIL MEETING MARCH 4. 1998 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the City Center, 3400 Plymouth Blvd., on March 4, 1998. COUNCIL PRESENT: Mayor Tierney; Councilmembers Black, Bildsoe, Wold, Johnson, and Spigner. ABSENT: Councilmember Preus. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, 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 Plymouth Forum. Item 4-A Wayzata Youth Hockey Donation to the Plymouth Ice Center Park Director Blank introduced Dave Sorenson of the Wayzata Youth Hockey Association. Mr. Sorenson presented a check in the amount of $50,000 to the City of Plymouth toward their $250,000 commitment for the Plymouth Ice Center. Item 4-11 1997 Human Rights Award Assistant Manager Lueckert said that the Plymouth Human Rights Commission voted to present the 1997 Human Rights Award to Patty and Bob Woodey. The Commission felt that the Woodeys are a positive example of taking the initiative to provide equal opportunities for disabled individuals to fully participate in the community life. Item 4-C Report on Ward 1 Meeting Councilmember Bildsoe thanked Congressman Ramstad and the approximately 100 residents who participated in the recent Ward 1 meeting. Item 5 Approve Agenda Councilmember Johnson requested the addition to the agenda of an item suggested by Councilmember Black at the last regular meeting -- trail update. Councilmember Wold requested the addition of tobacco compliance check letters. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to approve the agenda with the addition of the two requested items. Motion carried, six ayes. Adopted City Council Minutes March 4, 1998 Page 2 Item 6 Consent Agenda Items 6-E, 6-I, and 6-T were removed from the consent agenda. City Manager Johnson provided additional information on Item 6-Q. The low bidder did not meet the specifications, therefore, the second low bid is recommended. The item remained on the consent agenda. Councilmember Black recorded an abstention on Item 6-0. She does not believe that the Suburban Transit Association is aggressive enough about mass transit options. Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to approve the consent agenda as amended. Motion carried, six ayes. Item 6-A Approve Minutes Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt minutes of the February 4, 1998 Regular Council Meeting, the February 11, 1998 Special Council Meeting, and the February 18, 1998 Regular Council Meeting. Motion carried, six ayes. Item 6-11 Approve Disbursements Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-123 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING FEBRUARY 20,1998. Motion carried, six ayes. Item 6-C Eagle Crest Northwest, Inc. Rezoning (97089) Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt ORDINANCE 98-5 AMENDING CHAPTER 21 ZONING ORDINANCE) OF THE CITY CODE TO CLASSIFY CERTAIN LANDS LOCATED SOUTHEAST OF FERNBROOK LANE AND 43an AVENUE (97089). Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-124 APPROVING FINDINGS OF FACT FOR REZONING OF LAND LOCATED SOUTHEAST OF FERNBROOK LANE AND 43an AVENUE (97089). Motion carried, six ayes. Adopted City Council Minutes March 4, 1998 Page 3 Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-125 APPROVING PRELIMINARY PLAT AND SITE PLAN FOR EAGLE CREST NORTHWEST, INC. FOR PROPERTY LOCATED SOUTHEAST OF FERNBROOK LANE AND 43RD AVENUE (97089). Motion carried, six ayes. Item 6-D Sandman Motels, LLC. Lot Division (98011) Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-126 APPROVING LOT DIVISION/ CONSOLIDATION FOR SANDMAN MOTELS, LLC FOR OUTLOT A, ELWELL MILEY AND QUINN ADDITION AND LOT 1, BLOCK 1, PLYMOUTH FREEWAY CENTER 2ND ADDITION (98011). Motion carried, six ayes. Item 6-F DNR Agreement for Fishing Pier on Medicine Lake Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-127 APPROVING AGREEMENT WITH DNR FOR WEST MEDICINE LAKE FISHING PIER. Motion carried, six ayes. Item 6-G 1998 Municipal Legislative Commission Dues Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-128 APPROVING 1998 MEMBERSHIP DUES IN MUNICIPAL LEGISLATIVE COMMISSION. Motion carried, six ayes. Item 6-H Carlson Real Estate, Minneapolis Industrial Park 6h Addition (97125) Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-129 APPROVING FINAL PLAT FOR CARLSON REAL ESTATE COMPANY FOR PROPERTY LOCATED AT THE SOUTHEAST QUADRANT OF I494 AND CO. RD. 6 (97125). Motion carried, six ayes. Item 64 Reduction in Financial Guarantee Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-130 REDUCING REQUIRED FINANCIAL GUARANTEE, HOLLY CREEK ADDITION (91106). Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-131 REDUCING REQUIRED FINANCIAL GUARANTEE, HOLLY CREEK 2ND ADDITION (93096). Motion carried, six ayes. Adopted City Council Minutes March 4, 1998 Page 4 Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-132 REDUCING REQUIRED FINANCIAL GUARANTEE, ORCHARDS OF PLYMOUTH ADDITION 94050). Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-133 REDUCING REQUIRED FINANCIAL GUARANTEE, HOLLY CREEK 3RD ADDITION (94124). Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-134 REDUCING REQUIRED FINANCIAL GUARANTEE, SHORES OF KRAETZ LAKE ADDITION 94135). Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-135 REDUCING REQUIRED FINANCIAL GUARANTEE, ROCKFORD GLEN ADDITION (94155). Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-136 REDUCING REQUIRED FINANCIAL GUARANTEE, HOLLY CREEK 4TH ADDITION (95027). Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-137 REDUCING REQUIRED FINANCIAL GUARANTEE, HOLLY CREEK 5TH ADDITION (96005). Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-138 REDUCING REQUIRED FINANCIAL GUARANTEE, THE PONDS AT BASS CREEK 3RD ADDITION (96091). Motion carried, six ayes. Item 6-K Encroachment Agreement for Communication Cable Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-139 APPROVING AN ENCROACHMENT AGREEMENT FOR CARLSON COMPANIES, INC. FOR PLACEMENT OF COMMUNICATIONS CABLE IN CITY RIGHTS—OF—WAY AND AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE AGREEMENT. Motion carried, six ayes. Adopted City Council Minutes March 4, 1998 Page 5 Item 6-L 1998 Seal Coat Program Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-140 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, 1998 SEAL COAT PROGRAM. Motion carried, six ayes. Item 6-M Award Contract, Traffic Control System, Project No. 7023 Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-141 AWARDING BID, VICKSBURG LANE — 35TH AND 36TH AVENUE TRAFFIC CONTROL SYSTEM, CITY PROJECT NO. 7023. Motion carried, six ayes. Item 6-N Payment and Reduction in Retainage, City Project No. 7002 Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-142 REQUEST FOR PAYMENT NO. 4, CIMARRON EAST STREET RECONSTRUCTION, CITY PROJECT NO. 7002. Motion carried, six ayes. Item 6-0 Amendments to Agreement with Suburban Transit Association Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-143 RELATING TO JOINT AND COOPERATIVE AGREEMENT. Motion carried: five ayes; Black abstained. Item 6-P Designating Additional Funding for Public Improvement Projects Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-144 DESIGNATING ADDITIONAL FUNDING FOR PUBLIC IMPROVEMENT PROJECTS. Motion carried, six ayes. Item 6-Q Contractual Street Sweeping for 1998 Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-145 APPROVAL OF CONTRACTUAL STREET SWEEPING SERVICES FOR THE SPRING OF 1998. Motion carried, six ayes. Item 6-R Commencement of Plymouth Flyer Transit Service Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-146 APPROVING THE COMMENCEMENT OF A NEW TRANSIT SERVICE INVOLVING THE 5310 GRANT VEHICLE IDENTIFIED AS THE PLYMOUTH FLYER. Motion carried, six ayes. Adopted City Council Minutes March 4, 1998 Page 6 Item 6-S Park and Ride Lot Reconstruction, City Project No. 7013 Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to approve RESOLUTION 98-147 APPROVAL OF TRANSIT BUDGET CARRYOVER FUNDS FOR THE FOUR SEASON MALL PARK AND RIDE LOT RECONSTRUCTION, CITY PROJECT NO. 7013. Motion carried, six ayes. Item 6-U Partial reimbursement of On—Sale Liquor License Fee to Larken Inc. Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to direct staff to refund Larken Inc., the amount of $3,500 for partial reimbursement of their 1998-99 on—sale intoxicating liquor license fee. Motion carried, six ayes. Item 6-V Tax Forfeit Parcels Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-148 AUTHORIZING THE PRIVATE SALE OF PARCEL 01-119-22-32-0044 TO ADJACENT PROPERTY OWNER. Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-149 AUTHORIZING THE PRIVATE SALE OF PARCEL 12-118-22-31-0076 TO ADJACENT PROPERTY OWNER. Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-150 AUTHORIZING THE PRIVATE CONVEYANCE OF PARCEL 35-118-22-14-0006 TO ADJACENT PROPERTY OWNER—THE STATE OF MINNESOTA—FOR HIGHWAY 55 RIGHT-OF-WAY. Motion carried, six ayes. Item 6-W Revision of Cash in Lieu of Park Dedication Fees Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-151 APPROVING SETTING PARK DEDICATION FEES FOR 1998. Motion carried, six ayes. Item 6-X 1998 Capital Improvement Projects Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 98-152 AUTHORIZING THE PARKS AND RECREATION DIRECTOR TO PROCEED WITH CAPITAL PROJECTS. Motion carried, six ayes. Adopted City Council Minutes March 4, 1998 Page 7 Item 7-A Vacation of Easements, Playhouse Industrial Park 2nd Addition Public Works Director Moore presented the staff report on the proposed vacation of walkway easement and drainage easement for ponding purposes within Lot 5, Block 5, Playhouse Industrial Park 2"d Addition. Mayor Tierney opened the public hearing at 7:23 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Black, seconded by Councilmember Johnson, to adopt RESOLUTION 98-153 AUTHORIZING THE VACATION OF A WALKWAY EASEMENT AND PUBLIC DRAINAGE AND PONDING EASEMENT IN LOT 5, BLOCK 1— PLAYHOUSE INDUSTRIAL PARK 2ND ADDITION. Motion carried, six ayes. Item 7-B 1998 Street Reconstruction Project - Phase II, City Project No. 8001 Public Works Director Moore presented the staff report on the public improvement hearing for the 1998 Street Reconstruction Project Phase 11. He described the location of the two proposed maintenance districts in the Harbor Lane area and the Pineview Lane area. He reviewed the improvements proposed in the Pineview Lane reconstruction area. Streets in the southerly portion of the Pineview Lane reconstruction area would be rebuilt at their current 32 foot width standard. The streets in the northerly portion of this area vary in width from 18 feet to 24 feet. It is recommended that l ld' Avenue and Pineview Lane be improved to a standard 32 foot width due to the traffic served. Quinwood Lane and 1P Avenue would be improved to a 26 foot width because they have low traffic volumes and this would reduce impact on existing trees. Storm sewer and curb/gutter would be installed where it does not currently exist. Estimated assessments for the project would be calculated under the City's Street Reconstruction Program. The assessment is estimated at $1,008 for a single family dwelling unit, with an additional $1,874 per lot for curb and gutter where needed, and $1,283 for storm sewer where needed. Director Moore said that the proposed improvements for the Harbor Lane reconstruction area were initiated by petition. The street width on 7d' Avenue would be reconstructed to 32 feet, while the other streets would be constructed to a 24 foot width to protect trees. Concrete curb and gutter and storm sewer would be constructed. He said there are two alternatives to provide storm sewer for the project. This will be investigated and decided as part of the final project design. It is proposed that a turn -around area, referred to as a hammerhead turn -around, would be constructed at the end of Ithaca Lane. The estimated cost for the project is $1,008 per single family lot and $1,055 for concrete curb and gutter. The storm sewer assessment would be separated into two methods depending on the type of service received. The trunk system Adopted City Council Minutes March 4, 1998 Page 8 would be assessed at about $48 per lot and the lateral system would be assessed at $1,852 per lot. He showed pictures of the streets which indicated the poor condition of the streets and the inadequate drainage. Councilmember Black said that a resident had asked why the City of Plymouth does a 20 -year rotation of streets and whether that is the standard. Public Works Director Moore responded that it is standard in the industry for streets to be constructed for a 20 -year life. He said that streets deteriorate from sunlight, oxidation, water, and the freeze/thaw cycles. Councilmember Johnson asked staff to address the issue of properties which are not proposed to be assessed for concrete curb and gutter. Director Moore responded that in those situations, curb and gutter would have been previously assessed to the property or included in the sale price of the lot by the developer. Mayor Tierney asked if the public information meetings were held jointly on the two projects. Director Moore explained that public information meetings were held on separate evenings on the two proposed reconstruction areas. The reconstruction in one area was initiated by petition of the affected property owners. The other area is recommended by staff based on the street reconstruction rating system. He said there were some negative comments received at both informational meetings, as well as important information that will be considered during design if the project proceeds. After the design is completed, property owners will be invited to review the plans. Mayor Tierney opened the public improvement hearing. Reid Garrison, 12830 11`x' Avenue North, said that he constructed an addition onto his home two years ago, including a curved access for his mother's disability. He said that the project is proposed to encroach 12 feet onto his property and will negatively impact the handicap access. He requested that this be considered during design. He noted that no street expansion is proposed on the other side of the street. Helen Larson, 12810 11th Avenue North, requested that the project be tabled to consider whether the street width on 11`x' Avenue could be reduced to 26 feet to limit the destruction of trees and landscaping. She said that the majority of the impact of the street width expansion will be borne by 12810 and 12830 1 lth Avenue due to the existing topography. Adopted City Council Minutes March 4, 1998 Page 9 Jayne Smead, 12720 13th Avenue North, said that she does not believe there is any benefit from the improvements. She said the per lot assessment of over 4,000 is excessive. Sandy Seiler, 12805 13th Avenue North, said the City did extensive work on Glen Echo Lake in 1982. Since then, the condition of the lake has worsened and negatively impacted her property. She said that water backs up and floods into her yard, the lake is filled with cattails, and geese congregate on her property. The reconstructed street is proposed to be moved closer to her home, resulting in the loss of trees and mature lilacs. She said these serve as a natural barrier to reduce the number of geese in her yard. She asked that the City consider what has occurred prior to this time and the impacts on her property. Ron Smead, 12720 13th Avenue North, said that 13th Avenue is shown as a cul- de-sac on the City plan; however, it ends at a creek. He suggested that a turnaround be installed, similar to that proposed on Ithaca Lane in order not to impact the creek. He said that the existing storm sewer works fine, and residents should not be charged for rerouting the storm sewer. Steven Skillen, 146 7th Avenue North, said that he has lived at this address for six years and strongly supports the project. The road is 24 years old, and there is no storm sewer system. He said the standing water creates an unsanitary and unsafe condition, and residents are willing to pay for the needed improvements. Terry Carleton, 805 Ithaca, said that he has lived at this address for 21 years. He had to largely construct the roadway when his home was built. He said there has been standing water and roadway erosion for years, and he supports the improvements. He suggested that 10th Avenue should have an expanded width, and he strongly supports the reconstruction project. Bill Metz, 730 Ithaca Lane, said his home will abut the proposed hammerhead turn -around. He strongly supports the project and noted that it is dangerous to walk on Harbor Lane due to the width of the roadway. He said that the need to correct very poor drainage justifies the project. David Maul, 14535 7th Avenue North, said he initiated the petition for the improvements. He moved into his property in 1976. There have been problems with the streets including alligator surfaces, missing curbs, and standing water. He believes the estimated cost of the project is fair. Mr. Maul said that the project will enhance property resale values. He said that about 66 percent of the affected residents support the Harbor Lane area project. Twenty Adopted City Council Minutes March 4, 1998 Page 10 percent of the affected residents did not sign the petition because they wanted to first see the estimated cost and the City's plan for reconstruction. Judith Hendrickson, 815 Harbor Lane, said that there are adequate storm gutters, but leaves are raked into the gutters and block the water from getting to the storm sewer. She said that the city did a poor job of installing 7`h Avenue, and Harbor Lane was paved and then redug for sanitary sewer installation. She does not believe that residents should pay for the storm sewer, and there should be no assessment to a property where the storm sewer crosses that property. Steve Gieneart, 920 Ithaca Lane, urged the Council to table or deny the project. He said that issues were presented at the information meeting relating to the drainage problem on I& Avenue and the difficulty of getting emergency vehicles through on 10`x' Avenue due to the narrow street width. Mr. Gieneart said that the street is not proposed to be expanded to a standard 32 -foot width, therefore, the safety issue will not be resolved. The proposed project will still result in the loss of trees, and the roadway is tolerable. He said that the storm sewer alternative is undecided and suggested that the project be tabled until a storm sewer alternative is selected. Mayor Tierney closed the public hearing. Public Works Director Moore responded to resident questions. He said that a standard 32 foot street width is proposed on 11 rh Avenue and Pineview Lane due to the substantial traffic volume in the area. He said the City has adequate right-of-ways for all of the proposed road improvements. Some property owners have installed improvements in the City right-of-way. Staff will continue to address specific issues during the design stage. The roadway placement will be adjusted to do the least impact throughout the entire area, considering both sides of the road. He said that the City would not move the road all to one side with no impact on the other side, but the roadway would not necessarily be centered on the right-of-way. Director Moore said that no physical turn -around exists on 13`h Avenue; however, the City's maps indicate that the City has sufficient platted land for a turn -around. Staff will attempt to incorporate a turn -around in that location. He said there is existing storm sewer on 13`h Avenue, but additional storm sewer is needed in order to get proper drainage. Director Moore said that Glen Echo Pond is officially under the jurisdiction of the DNR as a protected wetland. The improvement project by the City in 1982 was done in conjunction with DNR requirements. He recalled that the pond was constructed with only a 9" depth by state regulations. Director Moore responded to questions raised in an e-mail received on the proposed project. The individual felt that the street widths could be narrower than proposed, and that the project should be extended to Adopted City Council Minutes March 4, 1998 Page 11 Highway 55. He explained that the street widths are recommended for safety reasons. The project is not proposed to be extended to Highway 55 because the natural drainage pattern changes where this area ends, and it would be difficult to maintain access to all properties in the project area on a daily basis during construction. He agreed that the roadways to the north also need reconstruction, and they will likely be proposed in the future. Councilmember Black asked about the proposed curb height and whether surmountable curbs are being considered. Public Works Director Moore said that a portion of this area has existing surmountable curb and gutter. Surmountable curb is typically used when the driveway locations are unknown. Vertical curb is proposed for this project. It is easier for snowplowing and provides better drainage. He said that staff will work with the owner of 12830 11th Avenue North to address accessibility issues during the development of final plans. He said that residents who are unhappy with the status of Glen Echo Lake would need to convince the DNR to conduct an improvement to dredge the lake and make it deeper. The DNR felt that this type of wetland was appropriate for this area. During periods of high rain, water backs into the yards, but it is part of the floodplain. The water for Parkers Lake comes through this pond, and it provides adequate water storage. Staff will also try to be sensitive to large trees during the final project design. Councilmember Spigner asked how this project would improve the drainage problem for the property at the end of 13th Avenue. Public Works Director Moore said that as part of the street improvement, an inlet will be installed to collect water in the street and discharge it to the drainageway. Currently, water is flowing off the street to the properties because there is no storm sewer. Councilmember Spigner asked if it is mandatory that 11th Avenue be widened, and whether a 28 -foot width would suffice for the entire length of l lth Avenue in the project area. Public Works Director Moore responded that a standard 32 foot width would allow parking on one -side and is the minimum needed due to the number of properties served. Councilmember Spigner asked if the City Forester has done an assessment on the number of trees that will be removed due to the project. Adopted City Council Minutes March 4, 1998 Page 12 Public Works Director Moore responded that no assessment has been done. Some trees will likely be removed, but this will not be known until the final design. Councilmember Black asked about the existing width of the streets in the project area. Director Moore said that the existing streets are 18 to 20 feet wide. He said there is no "code" to mandate street width. For comparison, the Fire Code requires a 25 foot unobstructed width for a fire lane. Councilmember Johnson asked how the affected residents can be involved in the design issues. Public Works Director Moore stated that information was received at the public information meeting and residents are invited to continue to contact staff regarding the design. Residents will be notified when the draft of the final design is completed, and they can view the final plans in the engineering department. Mayor Tierney asked if the geese issue can be addressed. Public Safety Director Gerdes said that geese are relocated from seven locations in the City. This location near Glen Echo Lake will be included in the geese counts this year. Director Moore responded to comments on the Harbor Lane area of the project. He said that the storm sewer alternative will be selected as part of the final design. No sanitary sewer installation is proposed in this project. Portions of the existing sanitary sewer will be repaired where needed, but the cost will not be assessed. Motion was made by Councilmember Black, seconded by Councilmember Wold, to adopt RESOLUTION 98-154 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS, 1998 STREET RECONSTRUCTION PROJECT — PHASE II, CITY PROJECT NO. 8001. Motion carried, six ayes. Item 8-a (6-T) Application for Lawful Gambling Exemption Doug Grev, 3501 Flag Avenue North, New Hope, represented the National Wild Turkey Federation. He described their fundraising event planned for March 12 at the West Medicine Lake Community Club. He explained that the proceeds are donated to the DNR. Adopted City Council Minutes March 4, 1998 Page 13 Councilmember Johnson asked if anyone wishes to speak against the request. Councilmember Wold thanked Mr. Grev for attending the meeting. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-155 FINDING NO OBJECTION TO LAWFUL GAMBLING EXEMPTION FOR THE NATIONAL WILD TURKEY FEDERATION. Mayor Tierney announced that she will be meeting with residents near the West Medicine Lake Community Club to discuss ongoing concerns. Councilmember Black said that she is an active member in the National Audobon Society and these types of fundraising events are an important source of funds to purchase wildlife habitat. She commended the National Wild Turkey Federation for their efforts. Motion carried, six ayes. Item 8-A Restructuring Proposal for Tax Increment Financing District 7-5 Housing Supervisor Goldsmith said that shortly before the Council was scheduled to approve the sale of tax increment bonds to finance the proposed TIF assistance on November 5, 1997, for the Village at Bassett Creek project, the Minnesota Pollution Control Agency discovered the presence of asbestos floor tile affixed to concrete debris at the westerly portion of the site. Asbestos floor tile is considered an industrial waste that requires specialized disposal that is extremely expensive. Due to the unknown financial impact, the bond sale was canceled and the development was placed on hold to determine how this issue could be resolved. The developer has proposed to divide the development into two phases. Phase 1 could start construction as early as this spring on the non -contaminated eastern portion of the site and would consist of the 46 -unit federally subsidized low income senior apartments to be developed and owned by CommonBond Communities and approximately 70 townhome units to be built by the Rottlund Company. Phase 1 could result in an estimated increase of more than $10 million in property values. Phase 1 would be conditioned upon HUD extending its April 22 date of its funding for the senior apartments. Before CommonBond Communities can request this extension, the City must make the financial commitment necessary to make Phase 1 possible. He said that over the 40 -year life of the senior housing, HUD will provide over $8.2 million in assistance in current dollars to make the senior housing possible. This compares favorably to the $2.8 million in present value of all local costs that would occur over the life of a 25 -year tax increment district Adopted City Council Minutes March 4, 1998 Page 14 that would be needed to provide assistance for Phase 1. The local contributions can be covered by a $227,300 deposit into an interest-bearing account at the beginning of the project. Staff had previously advised the Council that $154,800 in surplus city funds could be set aside for this purpose. In addition, staff has identified $72,500 in surplus housing and redevelopment authority funds that could fund the remainder of the cost, subject to HRA approval. Development of Phase 2 would take funding from the State and Metropolitan Council for most of the cost to treat the contaminated western portion of the site. Applications are due for such funding on May 1. The tax increment statutes allow 50 percent of the state grant to reduce the amount of any local contributions required under the statute. If a state grant is received for treatment of the contaminated area, this would provide funding for the treatment and also reduce the local contributions required to be made by the City for the tax increment district and, thus, reducing the net local costs to the City. Housing Supervisor Goldsmith explained that the State Office of Disabilities has contacted the City regarding compliance of the tax increment district with the Americans with Disabilities Act (ADA), which requires that development receiving government assistance must accommodate persons with disabilities. Richard Palmiter of Rottlund Homes has indicated that Rottlund will comply with the ADA requirements in designing accessible homes that will be part of this development. In addition, the development agreement between the City and Rottlund will require that the development comply with all local, state, and federal requirements including the ADA. Councilmember Spigner asked if the City's financial advisors had been contacted with regard to examining the short and long-term impacts of this project on the City's economic status. Supervisor Goldsmith responded that the Finance Director and the City's financial advisor, Springsted, have been involved. Springsted has done a tax increment analysis of the project, and Finance Director Hahn has been involved in discussions on the use of City funds toward the project and the ability of the City to meet those requirements. Those discussions have been positive with the result that funds would be available. He said the City General Fund would only provide $154,800 which has already been identified as surplus funds available for this purpose. He has initiated discussions with the HRA regarding the possible use of surplus HRA money which could supplement the General Funds. This total would be sufficient to meet the local financial needs for the project. If the City were successful in receiving a State grant for correcting the Phase 2 area contamination, that would result in a reduction in the amount of local support the City would provide. However, Adopted City Council Minutes March 4, 1998 Page 15 Phase 1 has been reviewed as a "stand-alone" project, irrespective of whether Phase 2 proceeds. Councilmember Spigner asked how much the tax increment funds would directly benefit the senior housing, compared to the townhomes. She believes that the amount for the senior housing should be determined. Supervisor Goldsmith responded that it is difficult to determine because the senior site has been considered as part of the overall site. An analysis has not been done separating costs for these portions of the site. Councilmember Spigner noted that there is a wide range of prices for the townhome units. She asked how many townhome units would be over 128,000, since that is the maximum identified for affordable housing in the Livable Communities Act. Supervisor Goldsmith said that the use of tax increment funds is governed by the state statutes relative to the type of district. This is designated as a housing district, and there are limitations regarding the incomes of the persons who can purchase the units. The tax increment financing requirements are considerably higher than the Livable Communities Act requirements for affordable housing. Therefore, the project can have units that go considerably beyond the affordability identified in the Livable Communities Act. He said that one of the City's housing goals under Livable Communities Act is that 30 percent of new homeownership housing should be affordable to individuals at 80 percent of median income, or a $128,000 maximum sales price. Under that criteria, approximately 40 percent of the Rottlund units would meet the Livable Community requirements. The project meets the tax increment financing district requirements and the City's goals under the Livable Communities Act. Councilmember Spigner asked how many of the 60 percent of units not meeting the Livable Community requirements would be ADA accessible. Supervisor Goldsmith responded that the Rottlund proposal is a build to order project. They will market units that will be handicap accessible. Persons will have a choice to purchase either a handicap accessible unit or other unit types. Councilmember Spigner asked why the number of senior units was not expanded from 46 units, since she considers this a new project. Supervisor Goldsmith explained that this project continues under the original authorization of HUD for 46 units from a year ago. Adopted City Council Minutes March 4, 1998 Page 16 Douglas Mayo, CommonBond Communities, said that he has maintained an interest list for the senior housing, which now contains 86 people. Of the 86 people, 29 live in Plymouth. He said there is a considerable need for affordable senior housing in Plymouth, and cited the lengthy waiting list at Plymouth Towne Square. He described the nonprofit corporation which would own the property. Earl Whitcraft, 1180 Trenton Circle, opposed the tax increment financing for the project. He said the City should not finance a large company such as Rottlund, and his tax dollars should not be used to build townhomes. He has no objection to the type of development proposed for the site. Pauline Milner, 11333 Fairfield Road, Minnetonka, said that through personal experience, she is aware of the severe need for senior housing in Plymouth. She said that the number of Towne Square units are not adequate. She encouraged the Council to approve the project and said that the City should clean up the site. Jim Schurz, 1167 Trenton Circle, objected to tax increment financing being used for the profit of the builder. He asked why this builder was selected and said that it will take 20 to 25 years before the funds are returned. Mr. Schurz said that this site was previously zoned for light industrial use, and the City would get a faster payback with this use rather than residential use. He also asked why the public was not notified of development plans for the new project. He said that none of the contaminated materials should be allowed to remain on the site. There was some discussion that excess parking could go into the Rainbow parking lot, and Rainbow would not allow that. Community Development Director Hurlburt responded that no land use approvals for this project are before the Council. The PUD General Development Plan for the project was previously approved. They are now suggesting phasing the project, which would not require a separate approval. If the project proceeds, additional public hearings will be needed for the tax increment plan amendment. Supervisor Goldsmith added that the action considered by the Council this evening does not require public notice. No new tax increment plan or tax increment district is proposed. This is a restructuring of the financing for the plan. However, it may occur that this restructuring, once further cost research on Phase 2 is considered, may require the City to hold public hearings and redo the tax increment district relating to selection of the tax increment financing penalty. Adopted City Council Minutes March 4, 1998 Page 17 Community Development Director Hurlburt said that the City does not notify adjoining property owners on tax increment hearings. Housing Supervisor Goldsmith described the purpose of tax increment financing for this site. He said that this property needs an extensive amount of soil correction that a developer could not afford in a project. This property has been available for sale for a number of years. The tax increment financing creates a level playing field, whereby Rottlund can develop the property as if it did not have the poor soil conditions. It does not provide any monies to underwrite Rottlund's normal construction project costs. Mayor Tierney asked what would occur with Phase 2 if that contamination is not corrected. Supervisor Goldsmith said the property is privately owned, so the issue is what the landowner does with the land. Properties in similar situations have gone tax forfeit and the public could end up holding it. Mayor Tierney asked staff to respond to the land use issue and the comments about overflow parking in the Rainbow parking lot. Director Hurlburt said the City previously amended its land use guide plan to guide most of this property as residential use, with the exception of the office building site. A change in land use would need a land use guide plan change. She has spoken with the Rainbow manager about the parking comment and explained that it was never intended that the shopping center parking area would serve as parking for any of these units. Staff will review the final plans before issuing any permits to ensure that the parking plan is met. Councilmember Johnson said that the tax dollars to be generated by the project will fund this project over the life of the tax increment financing. The City is only contributing $154,800 in surplus funds. She said this compares favorable to the Towne Square Project which was much more costly for the City, with continuing operation costs. Housing Supervisor Goldsmith said that the Towne Square project required about $1 million of local tax revenue. In addition, the City subsidizes about 250,000 each year to make rents affordable. Adopted City Council Minutes March 4, 1998 Page 18 Motion was made by Councilmember Wold, seconded by Councilmember Johnson, to adopt RESOLUTION 98-156 AUTHORIZING A RESTRUCTURING OF THE PROPOSED FINANCING FOR TAX INCREMENT FINANCING DISTRICT NO. 7-5, GIVING APPROVAL TO FUNDING FOR PHASE 1, AND AUTHORIZING STAFF TO SCHEDULE THE PUBLIC HEARINGS FOR ANY COUNCIL ACTIONS NECESSARY FOR THE RE -STRUCTURING OF THE FINANCING PLAN FOR THE DISTRICT, and RESOLUTION 98-157 AUTHORIZING THE CITY MANAGER TO WORK WITH THE CITY'S STATE LEGISLATORS TO SPONSOR LEGISLATION THAT WOULD EXEMPT TIF ASSISTANCE TO THE VILLAGE AT BASSETT CREEK DEVELOPMENT FROM TIF PENALTIES. Councilmember Black said she will support the motion because she is sensitive to the need for affordable housing. She said the City needs to afford people of average jobs a decent place to live. She does not believe that the City would be subsidizing a large business with the tax increment financing dollars. She said the City has subsidized businesses in the past which results in providing jobs to people who are in lower wage categories. She does not believe the tax increment financing district would have any negative impact on the taxpayers, and in 25 years the project will have a positive impact on taxpayers. She also supports the proposed accessible housing. Councilmember Spigner said she supports the senior housing portion of the project and the proposal by CommonBond. She has concerns about the use of tax increment financing money for the 70 townhomes, but is glad that housing for the disabled will be required in the project. She does not support the use of tax increment financing for this project. Councilmember Johnson stated that the project is needed in order to provide affordable senior housing and accessible, affordable single family townhomes in the community. Motion carried, five ayes; Spigner nay. Item 8-B Award of Bid — Mobile Performance Stage Park Director Blank presented the staff report on the recommended award of bid to Wenger Corporation for the delivery of a mobile portable stage in the amount of $82,222. Funding is proposed in the form of a loan from the Central Equipment Fund, which would be repaid over five years with interest from the Park Dedication Fund. He summarized the need for a performance stage and the rental alternatives. He provided information on 19 other Minnesota communities with portable stages. Adopted City Council Minutes March 4, 1998 Page 19 Director Blank said that the purchase of a mobile stage is desirable at this time because it has a mid-range cost and cash flows through the park development fund at $18,000 per year. It would not interrupt other proposed park projects. With proper maintenance, the stage has an estimated life of 30 years and can fluctuate in size to accommodate various uses. The stage is lower in cost to own and operate than a permanent building and can be set up anywhere. The portable stage can be rented to other groups for $200 to $700 per event. If it is determined that the stage is no longer needed in the future, it could be sold. Director Blank cited examples of events for which Fridley and Robbinsdale use their portable stages. He suggested that Plymouth could use a portable stage for Music in Plymouth, History Fest, Art Festival, Fire & Ice, Band Concerts, Theater Performances, Senior Choir, High School Graduation/Homecoming, and special church services. Councilmember Bildsoe asked about the amount of rental income that could be received if the City purchased a stage and rented it to other organizations. He also asked if Plymouth may be able to rent a stage when needed from other cities that own stages, rather than purchase a stage. Director Blank estimated a $200 to $700 range per event for renting the stage to other groups. He said that the size of the stages owned by most other communities is not sufficient for the Minnesota Orchestra, and would not be adequate for Music in Plymouth. Another problem in renting stages from other communities is availability. Georgann Wenisch, 3850 Minnesota Lane, represented the Plymouth Fine Arts Council and the Plymouth Westside Players. She described events planned by these groups for 1998. She said there are emerging arts groups in the City, including a community band, that need a facility in which to perform. She said that a portable stage could be used for the community band, community chorus, play performances by the West Side Players, lecture series, and many different groups performing in the parks. She believes the key to getting maximum use of a facility is being able to move the stage from site to site to reach citizens in all areas of the community. She urged the Council to support the award of bid for the portable stage in order to provide the arts to the community. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-157 AWARDING MOBILE STAGE BID, and directing the Park and Recreation Advisory Commission to develop a user rental policy. Adopted City Council Minutes March 4, 1998 Page 20 Councilmember Johnson said that she does not want to abandon the idea of a future permanent stage in the amphitheater. Councilmember Bildsoe said that he supports the arts in the community, but does not support this acquisition because the City does not have $82,000 in available funds and the rental options have not been fully explored. He said that the City could rent stages for 10 to 20 years and not reach the $82,000. It is his opinion that this is not a good use of the City's money. Councilmember Johnson said that under a purchase scenario, the City will have resale value of the stage. She said the City has continually funded sports, and there is a need for funding of the arts. Mayor Tierney said that a good rental policy can be developed, and she anticipates much use of the stage. Motion carried, five ayes; Bildsoe nay. Motion was made by Councilmember Wold, seconded by Councilmember Johnson, to suspend the rules to continue the meeting to 10:20 p.m. Motion carried, six ayes. Item 8-C Skateboard Park Park Director Blank described the location of the proposed skateboard park facility on the new parking area on the east side of the Plymouth Ice Center and the equipment proposed for acquisition. He said the League of Minnesota Cities Insurance Trust has estimated an annual insurance cost of $5,000 to 10,000, and annual operating costs are estimated at $27,000. He recommended that the Council direct staff to advertise for formal bids for the construction and setup of a skateboard park. He presented information from local schools indicating students' interest in a skatepark. Director Blank said the park could be operated by the City or by a contracted outside vendor. A bid specification would be included for operation of the park. He believes that sufficient revenue could be generated from admissions to fully cover the annual operating cost. The estimated project startup costs are $69,000, compared to $89,000 contained in the Capital Improvement Program. He anticipated that startup costs would increase if the project is delayed by a year. The park will be designed for rollerblade and skateboard users, with a possible future use by bikers. Nan Morris, 4640 Shenandoah Lane, said that she initially felt that the proposed city -owned park would be in competition with the recently approved private skate park. She said that the equipment proposed for the City skatepark will have to be converted to outdoor use. She recommended against the installation of the 11 foot high half pipe because it is a dangerous piece of Adopted City Council Minutes March 4, 1998 Page 21 equipment. Ms. Morris said that the equipment installation in the private skatepark has been under very close scrutiny of the City building inspectors, and she assumes that the City's installation would receive the same scrutiny. She would like the opportunity to bid on the skatepark. Motion was made by Councilmember Wold, seconded by Councilmember Black, to adopt RESOLUTION 98-159 DIRECTING PARKS DEPARTMENT TO PROCEED WITH BIDDING OF SKATEPARK. Councilmember Wold said that he supports receiving bids for contract operation of the facility, but also will want to consider City operation for cost comparison. Councilmember Johnson said that she will support the motion to bid for the skatepark. She said that there has been a consortium of nine communities working to get skate parks in this area; however, the City of Plymouth will totally fund this park. She believes that Plymouth residents should receive a fee lower than nonresidents, since Plymouth tax dollars have funded the facility. She encouraged groups and organizations to consider providing money for grants to allow for the use of the skatepark by all youth. Motion carried, six ayes. Item 8-D (6-I) Petition for Walkway on 36th Avenue Councilmember Black asked why a study is needed to consider a walkway on 36th Avenue when there is an existing trail on the street, and the proposal is to move the trail from the street to the boulevard. Public Works Director Moore said that it is unknown whether the bike trail on the street will be removed. Councilmember Black said that the need for the trail has already been determined. Public Works Director Moore said the study is needed to determine where the pedestrians are coming from and to address the crossing areas. Councilmember Black said that she would like the sidewalk installed before school begins in the fall. Motion was made by Councilmember Black, seconded by Councilmember Johnson, to suspend the rules and extend the meeting to 10:30 p.m. Motion carried, six ayes. Councilmember Black said that she doesn't believe the study is needed. Adopted City Council Minutes March 4, 1998 Page 22 Councilmember Johnson agreed that the trail needs to be installed by fall and in time to coordinate with the new Armstrong driveway. Public Works Director Moore said that the school district has indicated they have no plans prepared yet for the driveway. Motion was made by Councilmember Black, seconded by Mayor Tierney, to direct staff to prepare a safety report on the need for a sidewalk along the north side of 36`h Avenue from Pilgrim Lane to Zachary Lane and make a recommendation to the Park and Recreation Advisory Commission. Motion carried, six ayes. Item 8-E (6-E) Schedule for Improvements for County Road 101 Councilmember Bildsoe announced that this item would allow the City to use Municipal State Aid Funds to up -front some of the engineering costs of County Road 101 from Highway 55 to County Road 24. This project is proposed for construction in 2002, and the project may be moved to the year 2000 due to this engineering work. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 98-160 APPROVING COUNTY ROAD 101 IMPROVEMENTS, HIGHWAY 55 TO COUNTY ROAD 24, ADVANCEMENT OF PROJECT. Motion carried, six ayes. Item 9-A 1997 Unaudited Financial Statements Finance Director Hahn presented the 1997 unaudited Financial Statements. He said the General Fund had a positive year, and he suggested several fund transfers. Mayor Tierney said that staff has indicated that some commercial/industrial properties will have value increases of 25 percent, with an average commercial property value increase of 12 percent. Motion was made by Councilmember Black, seconded by Councilmember Johnson, to adopt RESOLUTION 98-161 TRANSFERRING FUNDS FROM GENERAL FUND TO PARK REPLACEMENT FUND; RESOLUTION 98-162 TRANSFERRING FUNDS FROM GENERAL FUND TO PUBLIC FACILITIES FUND; RESOLUTION 98-163 TRANSFERRING FUNDS FROM GENERAL FUND TO PROJECT ADMINISTRATION FUND; and RESOLUTION TRANSFERRING FUNDS FROM GENERAL FUND TO GENERAL CAPITAL PROJECTS FUND. Adopted City Council Minutes March 4, 1998 Page 23 Councilmember Bildsoe said that in late 1997, the Council discussed possible uses for the surplus. One of the considerations was a public safety need of adding the opticon system to traffic signals. Motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to suspend the rules and extend the meeting to 10:40 p.m. Motion carried, six ayes. Councilmember Bildsoe said that after transfers are made to the Park Replacement Fund, the Public Facilities Fund, and the Project Administration Fund, approximately $129,500 remains which is proposed to assist with financing of the improvements at West Medicine Lake Park. He asked that the Council consider using $30,000 to add an opticon system at County Road 9 and Northwest Blvd., and at County Road 9 and Larch Lane. He said this would provide greatly needed east/west access for emergency vehicles. Councilmember Wold requested that the vote be divided. Councilmember Black accepted this as a friendly amendment. Mayor Tierney called for the vote on Resolutions 98-161, 98-162, and 98-163. Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to table to March 18 the resolution transferring funds from the General Fund to General Capital Projects Fund. Motion carried, six ayes. Item 9-B Trail Update Councilmember Black provided a status report on the proposed trail on the southern portion of Medicine Lake. She said the House has that trail in their capital bonding bill; however, the trail is not in the Senate bonding bill. It is unknown if funding for the trail will be passed. Councilmember Black said the bill is currently included in the capital investments committee in the house and is called the Trails Connection Funding Bill. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to direct staff to send a letter on behalf of the Council supporting this trails bill. Motion carried, six ayes. Item 9-C Tobacco Compliance Letters Councilmember Wold thanked staff for the letters sent to tobacco licensees regarding compliance checks and the expectations of the Council on licensee responsibility. Adopted City Council Minutes March 4, 1998 Page 24 Motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to adjourn the meeting at 10:38 p.m. Motion carried, six ayes. Lurie Ahrens City Clerk