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HomeMy WebLinkAboutCity Council Minutes 06-03-1998ADOPTED MINUTES REGULAR COUNCIL MEETING JUNE 39 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 June 3, 1998. COUNCIL PRESENT: Mayor Tierney; Councilmembers Spigner, Black, Bildsoe, Johnson, and Preus. ABSENT: Councilmember Wold. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Finance Director Hahn, Park and Recreation Director Blank, City Attorney Knutson, and City Clerk Ahrens. Item 3 Plymouth Forum Nick Hyduke, 16300 Old Rockford Road, presented a letter to the City Council regarding a planning application which was adopted on April 15 relating to removal of a shared driveway requirement for James Stewart. Mr. Hyduke believes that the applicant saved money through the process, and that the Council may have been misled to make a questionable decision. He feels that he has been damaged through the process by losing money, as well as privacy on his lot. He asked the Council to reconsider its action. Mayor Tierney asked the City Attorney to comment on the options available to the Council. Councilmember Preus stated that the purpose of the Forum is to take comments and not to consider action on an item. The item can be added to the agenda if the Council wishes to discuss it. Mayor Tierney requested that the City Attorney respond. Attorney Knutson stated that reconsideration of an item can only occur at the same or subsequent meeting at which action was taken. In this situation, the applicant has started construction and certain rights have been vested. Item 4-A National Night Out Proclamation Public Safety Education Specialist Cwayna and Police Officer Streachek described National Night Out activities planned for August 4. Mayor Tierney proclaimed August 4 as National Night Out in Plymouth. Adopted City Council Minutes June 3, 1998 Page 2 Item 4-B Ice Center Event Park Director Blank invited residents to attend the first figure skating show at the Ice Center on June 5-7. Item 5 Approve Agenda Councilmember Johnson requested the addition of an item regarding trail crossings with lights. Councilmember Preus requested that Mr. Hyduke's letter be added to the agenda for discussion. He also requested addition of an item to discuss the Council's vote on May 20 on the proposed Charter amendment regarding the 5/7 vote requirement for a tax rate increase. Motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to approve the agenda with the additions as requested. Motion carried, six ayes. Item 6 Consent Agenda Items 6-N and 6-Q were removed from the Consent Agenda. Motion was made by Councilmember Preus, seconded by Councilmember Black, to approve the Consent Agenda as amended. Motion carried, six ayes. Item 6-A Approve Disbursements Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-333 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING MAY 22,1998. Motion carried, six ayes. Item 6-B Final Payment - Ice Arena Commercial Refrigeration Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-334 APPROVING FINAL PAYMENT TO COMMERCIAL REFRIGERATION. Motion carried, six ayes. Item 6-C Designate Polling Places Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-335 DESIGNATING POLLING PLACES. Motion carried, six ayes. Adopted City Council Minutes June 3, 1998 Page 3 Item 6-1) Change Order No. 1, NW -19 Trunk Sanitary Sewer, Project No. 5003 Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-336 APPROVING CHANGE ORDER NO. 1, NW -19 TRUNK SANITARY SEWER, CITY PROJECT NO. 5003. Motion carried, six ayes. Item 6-E Hans Hagen Homes. Lot Division for Plymouth Station (98088) Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-337 APPROVING LOT DIVISION FOR HANS HAGEN HOMES FOR LOT 1, BLOCK 1, PLYMOUTH STATION (98088). Motion carried, six ayes. Item 6-F Lundell Manufacturing (98052) Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-338 APPROVING A SITE PLAN AMENDMENT FOR A BUILDING ADDITION AND AN INTERIM USE PERMIT TO REDUCE THE NUMBER OF REQUIRED PARKING STALLS LOCATED AT 2700 RANCHVIEW LANE NORTH (98052). Motion carried, six ayes. Item 6-G GEM Enterprises. Conditional Use Permit for Plymouth Center. (98082) Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-339 APPROVING CONDITIONAL USE PERMIT FOR PLYMOUTH CENTER LOCATED AT 11255 HIGHWAY 55 (98082). Motion carried, six ayes. Item 6-H Electronic Database License Agreement with Hennepin County Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-340 AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE ELECTRONIC PROPRIETARY DATABASE (EPDB) LICENSE AGREEMENT WITH HENNEPIN COUNTY. Motion carried, six ayes. Item 6-I Tobacco License for Rainbow Foods Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-341 APPROVING 1998 TOBACCO LICENSE FOR FLEMING COMPANIES, INC., D/B/A RAINBOW FOODS, 16705 CO. RD. 24. Motion carried, six ayes. Adopted City Council Minutes June 3, 1998 Page 4 Item 64 Dennis and Fern Arne. Lot Division/Consolidation (98084) Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-342 APPROVING LOT DIVISION/ CONSOLIDATION FOR DENNIS AND FERN ARNE FOR LOTS 21 AND 22, BLOCK 3, FAWN CREEK (98084). Motion carried, six ayes. Item 6-K Jan Wentland. Lot Division/Consolidation (98078) Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-343 APPROVING LOT DIVISION/ CONSOLIDATION FOR JAN WENTLAND FOR LOTS 3 AND 5, BLOCK 5, ROCKFORD GLEN (98078). Motion carried, six ayes. Item 6-L Bruggerman Companies. Lot Division/Consolidation (98089) Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-344 APPROVING LOT DIVISION/ CONSOLIDATION FOR BRUGGERMAN COMPANIES FOR LOTS 1- 4, BLOCK 7, HARRISON PLACE ON BASS CREEK (98089). Motion carried, six ayes. Item 6-M Payment No. 5 and Final, City Project No. 5003 Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-345 REQUEST FOR PAYMENT NO. 5 AND FINAL, NW -19 TRUNK SANITARY SEWER, CITY PROJECT NO. 5003. Motion carried, six ayes. Item 6-0 Certificate of Exemption, Wetlands Act, Waterford Park Property Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-346 AUTHORIZING THE MAYOR TO SIGN THE CERTIFICATE OF EXEMPTION FROM THE WETLAND CONSERVATION ACT, WATERFORD PARK PROPERTY, NW CORNER OF HWY.169 & HWY. 55, SE SE SECTION 36, T118N, R 22W. Motion carried, six ayes. Item 6-P Wetland Mitigation Plan, Zachary Lane, Project 5030 Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-347 APPROVING WETLAND MITIGATION AND REPLACEMENT PLAN, ZACHARY LANE RECONSTRUCTION, 36TH AVENUE TO BASS LAKE ROAD COUNTY ROAD 10), CITY PROJECT 5030. Motion carried, six ayes. Adopted City Council Minutes June 3, 1998 Page 5 Item 6-R Award Contract, Zachary Lane Improvements, Project 5030 Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-348 AWARDING BID, ZACHARY LANE STREET AND TRAIL IMPROVEMENTS, CITY PROJECT NO. 5030. Motion carried, six ayes. Item 7-A Adopt a Charter Amendment to Repeal Section 5.02, Subd.1 Assistant Manager Lueckert presented the staff report on a proposed ordinance to repeal Plymouth City Charter Section 5.02, Subd. 1, and amend Section 5.02, Subd. 2, regarding contributions. She said that a Charter Commission member had identified a possible problem with this Charter section. Given recent court decisions, it is likely that the section is unconstitutional. The Charter Commission recommends that the City Council amend this section of the Charter by conducting a public hearing on the proposed ordinance and adopting the Charter amendment by unanimous vote. The Charter amendment would become effective following 90 days. Councilmember Preus asked for clarification on the process for Council adoption and whether the issue would go back to the Charter Commission for action. Assistant Manager Lueckert responded that following the public hearing on the amendment, a unanimous vote of all the City Council is required for adoption. The ordinance would take effect after 90 days and no additional Charter Commission action is required. Mayor Tierney asked the City Attorney to comment on the current Charter language. Attorney Knutson said that it is his opinion that the current provision is unconstitutional. Mayor Tierney opened the public hearing at 7:33 p.m. No one appeared, and the hearing was closed. Councilmember Spigner noted that no one appeared for this public hearing on this proposed Charter amendment. This is the reason that she believes the proposed Charter amendment regarding a supermajority vote requirement for a tax rate increase should go before the voters. Motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to postpone vote on an ordinance to repeal Plymouth City Charter Adopted City Council Minutes June 3, 1998 Page 6 Section 5.02, Subd. 1, and Amend Section 5.02, Subd. 2, regarding contributions, to June 24. Councilmember Preus asked if there is sufficient time for Charter Commission review, should the vote on the proposed amendment not be unanimous. Assistant Manager Lueckert said that, if needed, there is sufficient time for Charter Commission review. There is also nothing to prevent additional postponement if a full Council is not present on June 24. Motion carried, six ayes. Item 8-a (6-l) Variances at 1505 Evergreen Lane (98071) Councilmember Black said that her concerns on the application for variances at 1505 Evergreen Lane relate to the requested increase in impervious lot coverage to 31 percent. She said that coverage of more than 25 percent typically causes irreversible water quality. This property is in the Bassett Creek watershed which has water quality problems. Motion was made by Councilmember Black, seconded by Councilmember Johnson, to deny the request for variances at 1505 Evergreen Lane (98071). Councilmember Spigner suggested that the issue be postponed to attempt to negotiate a solution with the applicant. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to postpone the applications for variances at 1505 Evergreen Lane to June 24. Community Development Director Hurlburt said that the applicant is present. The construction of their home is contingent on receipt of the variance. She said that all contractors are scheduled for the construction, and a delay could create a hardship for the applicant. Councilmember Bildsoe said that he will support the staff recommendation for approval of the variances because he believes hardship has been proven on the site. Councilmember Johnson questioned whether anything would be gained by postponing action. Councilmember Black expressed disappointment that the City has not done more to protect this watershed. She said the Bassett Creek watershed is highly Adopted City Council Minutes June 3, 1998 Page 7 impacted and the City continually takes actions that negatively impact it. She said that the City must start to take actions consistent with the desire to protect the watershed. Councilmember Preus requested that the question be called. Motion to postpone failed, six nays. Attorney Knutson recommended that if the Council intends to deny the request, staff be directed to prepare a resolution of denial with findings of fact for consideration at the next meeting. John Hofseth, 1506 Evergreen Lane, appeared with the applicant, Tina Gustafson. He showed a plan of the proposed building, which would replace the existing building on the lot. He said that this lot was platted in 1916. It is an irregular lot but is similar to other lots in the area. He understands the concern about the watershed and noted that erosion is occurring from the rear of the properties in the area. Attempts have been made through elevations to have little drainage flow from the roadway to the public lands in the rear yard. He said the project will benefit the area because there will be a new home, the distance between the south parcel boundary and adjacent home to the south will be improved, and erosion will be reduced. A new driveway will replace a current structure on the northerly side of the lot. Councilmember Preus asked about the existing percentage of impervious surface on the lot. Mr. Hofseth said that a one -bedroom cabin is presently located on the lot, but he did not know the existing percentage. Director Hurlburt explained that the existing percentage was not calculated, but there would be increase in impervious surface following construction. The footprint of the home would be larger and a garage will be added where none currently exists. City Manager Johnson noted that this is an unusual lot because it is very small and was platted in 1916. He asked if the applicant could comply with the impervious surface requirement if they made the driveway gravel, rather than hard surfacing. Director Hurlburt responded no, because a gravel driveway is considered impervious surface under the City's ordinance. Adopted City Council Minutes June 3, 1998 Page 8 Councilmember Black clarified that her motion for denial of the variances is based on the fact that the applicant does not meet the variance standard that the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. Councilmember Johnson also expressed concern with the water quality impacts. However, she would like to address the issues of run-off, erosion, and water quality impacts as policy issues, rather than denying a single application. She believes the Council needs to be serious about avoiding further water quality impacts as a policy issue. Councilmember Spigner said that she will support the petitioner's request. This is an old lot and sometimes the rules don't exactly fit. Councilmember Black said that one option for reducing the impact on impervious surface is to install netting on a grass driveway and parking area; however, the City's ordinances don't currently allow it. The applicant could meet the 25 percent impervious surface limitation with this option. Mr. Hofseth said that the DNR reviewed the proposed plan for potential impacts on the lake and streams and had no concerns relating to the project. Motion to deny failed, six nays. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-349 APPROVING VARIANCE REQUEST FOR ERIC AND TINA GUSTAFSON FOR PROPERTY LOCATED AT 1505 EVERGREEN LANE NORTH (98071). Motion carried, five ayes; Black nay. Item 8-A Ferndale Road Improvements, Project No. 6007 Public Works Director Moore presented the staff report on the recommended approval of design concepts and authorizing plans and specifications for Ferndale Road Improvements from County Road 6 to Highway 12. The Orono City Council previously adopted a recommendation for a 28 -foot wide street with urban curb, with the cost being shared equally between both cities. He requested that the Council provide direction on design issues including street width, trail width, curb, and cost sharing. The proposed resolution gives the following direction with regard to design: Street width - 28 feet wide with only an additional turn lane at County Road 6; Trail - 10 feet wide immediately adjacent and along the east curb; Vertical curb; and Cost Sharing - Equal sharing of the project costs with Orono including street, storm Adopted City Council Minutes June 3, 1998 Page 9 sewer, water quality treatment, trail, and engineering. Any sanitary sewer or watermain improvements and easement acquisition would be paid for by the City that these improvements serve. He explained that the standard width for Plymouth trails is 8 feet, except when immediately adjacent to a curb the width is 10 feet. Councilmember Black requested a description of the proposed turn lane. Director Moore explained that it would be a left -turn lane for northbound Ferndale Road traffic at County Road 6. This will be required by the County as part of the intersection improvement at Ferndale Road and County Road 6. Mayor Tierney said that residents have asked whether the City would be obligated to again consider an interchange at Ferndale Road and Highway 12 if this project is done with state aid funds. Director Moore said that an interchange was one of many alternatives considered in conjunction with the upgrade of Highway 12. The expressway concept is moving forward, and the interchange idea has currently been dropped. The state aid designation is unrelated to an interchange. Councilmember Johnson noted that storm sewer is included in the project and asked if the runoff water would be diverted from Mooney Lake. Director Moore said that the Council recently submitted a request to the water shed district to consider an outlet to Mooney Lake. He said that the storm sewer system along Ferndale Road does not discharge water to Hadley Lake. The water is discharged to the open channels and wetlands through the Ferndale North Addition and into the large wetland on the north side of Highway 12 and south of Plymouth. Councilmember Bildsoe asked the difference between a trail and a sidewalk. He has also received questions regarding the roadway slope at the turn lane. Director Moore said that a sidewalk is typically meant for pedestrians only, while a trail is intended for several types of traffic including bicycles. There are standards relating to slope and that issue will be considered at the detailed design stage. Adopted City Council Minutes June 3, 1998 Page 10 Motion was made by Councilmember Preus, seconded by Councilmember Johnson, RESOLUTION 98-350 FERNDALE ROAD IMPROVEMENTS, COUNTY ROAD 6 TO HIGHWAY 12, APPROVAL OF DESIGN CONCEPTS, CITY PROJECT NO. 6007, with a modification to an 8 foot wide sidewalk, rather than a 10' wide trail. Councilmember Bildsoe asked for clarification on the type of trail proposed. Councilmember Preus said that the asphalt trail would still abut the roadway, but the width would be reduced from 10 feet to 8 feet. Councilmember Black said that while she understands the desire to narrow the trail, there are safety issues to consider. She cited Schmidt Lake Road where an 8 foot trail abuts the road in places and has a boulevard area between the trail and the road in other locations. She said that property owners tend to plant things too near the trail and this reduces the usable area of the trail. She supports a 10 foot trail. Motion to amend was made by Councilmember Black, seconded by Mayor Tierney, to order a 10 foot trail, rather than an 8 foot trail. Mayor Tierney agreed that the wider trail is needed because there are many pedestrians and various types of bikers on this road. It will enhance safety to get bikers off of the road and onto the trail. Councilmember Preus said that he would prefer a 10 foot trail with a boulevard area; however, there is not a lot of space to add this trail and a wider roadway. He believes that an 8 foot trail is reasonable, given the 28 foot wide street and efforts to slow traffic. He would not support an 8 foot trail if this were a four -lane, 32 foot wide street. Councilmember Black asked if the trail width difference would impact the grading for the construction zone. Director Moore said that the trail width would generally have no impact on how much property is disturbed for construction. Motion failed: Black, Johnson, and Tierney ayes; Spigner, Bildsoe, and Preus nays. Councilmember Bildsoe thanked residents and the Orono City Council for their communications on this issue. He asked whether staff can do some Adopted City Council Minutes June 3, 1998 Page 11 temporary road repairs as soon as possible, since the project will not begin until 1999. Director Moore said that staff will work with the Orono staff to do some temporary repairs to the roadway. Councilmember Spigner asked whether a surmountable curb may be safer than a vertical curb. Director Moore explained that if a vehicle is turning left from the roadway, sometimes the vehicle behind it will illegally go over the curb to pass the vehicle on the right. This may occur more frequently with the surmountable curb. He said that bicyclists can leave the roadway with either curb style. Mayor Tierney suggested that a vertical curb may create a barrier between the roadway and the trail which would improve safety for trail users. Motion carried, six ayes. Mayor Tierney called a five-minute break. Item 8-11 Contract for Development for Tax Increment Finance District 7-5 HRA Supervisor Goldsmith presented the staff report on the proposed contract for private development with The Rottlund Company for the Village At Bassett Creek Development. Phase I is scheduled to begin by the end of this month and will include 45 units of federally subsidized low income senior housing units developed by the nonprofit Common Bond Communities and 71 townhome units developed by Rottlund Company. In order for the project to proceed, the City will need to execute a contract with the Rottlund Company for private redevelopment covering the up to 2.4 million dollars in tax increment assistance to be provided by the City for this development. Rottlund Company has agreed that if they are unable to make the senior housing site ready for development by October 30, 1998, they will be required to complete the soil corrections and related public improvements and forfeit the site to the City. Councilmember Bildsoe asked if the cleanup of the land will occur prior to the bond issuance. HRA Supervisor Goldsmith said the contract for development relates only to Phase 1 which contains no soil contamination to the City's knowledge. The projection is that the development in Phase 1 would support the tax increments necessary to repay the bond sale. A state grant application has Adopted City Council Minutes June 3, 1998 Page 12 been made to investigate cleanup of the contamination on the Phase 2 portion of the site. Councilmember Bildsoe asked why the change was made from a mortgage to a performance bond on the bond sale. He asked who would provide the performance bond. HRA Supervisor Goldsmith responded that this change was requested by the developer. The Finance Director and bond counsel believed it was at least comparable and perhaps better than a mortgage on the property. Richard Pollmiter, Rottlund Homes, said that they use Sheer Company from Chicago for their performance bonds. The example of the performance bond was found acceptable by the City. He said the initial mortgage was $1 million and had shrunk to $360,000, so the cost comparison of a bond to a mortgage was considered in requesting the change. Also, a bond is easier to administer when individual units are requested for release by the City. Councilmember Preus asked if the asbestos contamination is on Phase 2 and which parcel would revert to the City. Supervisor Goldsmith said that the known contamination is on the Phase 2 portion. The City would receive the Phase 1 property after Rottlund made the site buildable, but this would occur only if Rottlund failed to make the site ready for the senior housing by October 30, 1998. The Phase 2 property is currently owned by LMT Investments which has a purchase agreement with a partnership operated by John Allen. Mr. Allen will likely purchase the entire parcel and sell the Phase 1 portion to Rottlund. He will continue to own the Phase 2 portion for the property, and there is no time frame for development of Phase 2. Councilmember Black said that she thought the Council had authorized application for cleanup funds for Phase 2; not just investigation of contamination cleanup. Supervisor Goldsmith said the Council had originally provided authorization to apply for the cleanup funding. However, due to serious concerns by Rottlund relating to estimating an accurate cost for cleanup, they recommended that further investigation be done. The State has accepted an application for investigation of contamination on the site. Councilmember Black asked if there will be handicap accessible housing in Phase 1. Adopted City Council Minutes June 3, 1998 Page 13 Supervisor Goldsmith said that Rottlund would be subject to the applicable federal regulations regarding handicap accessible housing for the senior units. Rottlund has also agreed to offer handicap accessible housing for the 71 townhome units. He explained that Rottlund will build to order. They will build a model unit and include a handicapped accessible design as part of their marketing. If persons requested a handicapped accessible unit, they would build it. The State has indicated that this is an appropriate way to proceed under the Americans with Disabilities Act. Councilmember Spigner asked how a person in a wheelchair could get up the stairs to view a model. Mr. Pollmiter said that the handicapped accessible design will be created as an option. He is unsure whether the exact model unit will be amended to make it accessible, or whether an entirely different accessible unit will be proposed. Councilmember Spigner suggested that Rottlund consider constructing one model that is accessible so that handicapped persons could view the model, rather than drawings with alternatives for the unit. Mr. Pollmiter said that the Rockford Glen project was also a build to order project and two of the 56 units were constructed as accessible units. There is some demand for handicapped accessible units, but the extent of the demand is unknown. Rottlund will provide what the market requests. He said the first floor of the model home would be ground level and the plans for handicapped accessible alternatives could be viewed. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 98-351 AUTHORIZING EXECUTION OF A CONTRACT FOR PRIVATE DEVELOPMENT WITH THE ROTTLUND COMPANY, INC. FOR THE PROPOSED VILLAGE AT BASSETT CREEK DEVELOPMENT, TAX INCREMENT DISTRICT 7-5. Councilmember Spigner said she has consistently voted against this project because she believes that tax increment funds should not be used in this fashion. She will do so now, particularly with the complications and uncertainty related to soil conditions, costs, and project phases. Supervisor Goldsmith said that staff has advised Rottlund of the set amount of City assistance for the Phase I development. If there are additional soil correction or other costs, that is the risk that Rottlund bears. Adopted City Council Minutes June 3, 1998 Page 14 Councilmember Preus said that he initially supported the tax increment financing for this project; however, he can no longer support it. He doesn't believe that this is the best use of tax increment financing funds and difficulties with the project have reached the point where it is no longer worthwhile. Councilmember Preus said he has reviewed all of the projections and information related to the proposed project back to November 1997. He has concerns about several issues, such as whether the City would be sufficiently paid back, the relatively small number of senior housing units, and the increasing complexity of the project. He believes that tax increment funds could be better used elsewhere. Councilmember Johnson said that if this project does not move forward, Plymouth will lose federal dollars for senior housing. Also, the Phase 2 contamination will have to be addressed, whether or not this project is approved. She asked about the amount of the federal dollars. Supervisor Goldsmith said that HUD would pay for the entire cost of developing the senior housing properties, as well as make rental subsidies for low and very low income seniors in the community over the 40 year life of the project. This is estimated to total about $8.3 million in current value of federal funds over 40 years. Councilmember Johnson said that the commercial portion of the project may also increase which would financially benefit the entire project. Supervisor Goldsmith explained that the holder of the purchase agreement is a commercial developer who has indicated an interest in building something larger than the proposed 30,000 square foot office building. This would benefit the entire project to the extent that the commercial site did not exceed 20 percent of the value of the entire project. Under State Statutes, the housing district can have non -qualifying uses of no more than 20 percent of the developed value of the district. He said that since the time that contamination was found on the site, staff has viewed this as a project where Phase 1 must stand alone because there is no information about the cleanup costs involved on Phase 2. City Manager Johnson said that the City Council last reviewed this project on March 4 and nothing has yet occurred on the site. However, the additional guarantee from Rottlund tends to offset the time delay of several months. Mayor Tierney said that she will support the project even though it has become complicated. The City financed its own senior housing units in the Adopted City Council Minutes June 3, 1998 Page 15 amount of $6 million, with an additional subsidy of $250,000 to $300,000 per year. The need for affordable senior housing is proven in the community, and the City will receive a guarantee that the units will be constructed. Councilmember Spigner said that $8.3 million in federal funds is significant for development and ongoing cost of 46 units. Supervisor Goldsmith said the $8.3 million is the total amount over 40 years and would include development costs of the property. It has no relationship to Phase 2 and no federal dollars would be used for cleanup in Phase 1. Councilmember Black spoke in support of the project because she believes that the benefits are worth the significant effort that has been involved. Councilmember Preus agreed that the intent and effort involved in this project has been good, but now believes that the project has reached a point where a different solution could be found to achieve the City's goals. Motion carried: Black, Bildsoe, Johnson, and Tierney ayes; Spigner and Preus nays. Item 8-C City of Plymouth Celebration Recreation Supervisor Karol Gruepner presented the staff report on the recommendation for a city-wide celebration in October. Councilmember Johnson left the meeting at 9:10 p.m. Supervisor Gruepner said that the event would coincide with the 30' anniversary of Plymouth's establishment as a city and with Cities Week. The event would take place in the City Center area and could include a parade, a family event, sock hop, and beach party at LifeTime Fitness, events at the Plymouth Ice Center, displays for community groups, installation of an artwork piece, and a Back to the 60's theme. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 98-352 APPROVING THE CITY TO HOLD A CITY-WIDE CELEBRATION, OCTOBER, 1998. Councilmember Preus asked if anything was done at the City's 25' anniversary and whether the proposal is anticipated as an annual event. Adopted City Council Minutes June 3, 1998 Page 16 Mayor Tierney said that no 25`' anniversary celebration was held, and this year's event could be a trial basis to determine whether to make it an annual event. Councilmember Black directed staff to return to the City Council if the event cost is going to exceed $10,000. The Council concurred that this was appropriate. Councilmember Preus asked for an explanation of the estimated costs. Supervisor Gruepner reviewed the estimated expenses which included $1,500 for parade costs, $2,000 for a sock hop band, $3,600 staff costs, $1,500 for equipment rental, $100 for banners and publicity, and $600 in postage, copies, and other services. Saturday, October 10, is the proposed date for the event. Motion carried, five ayes. Item 8-D Temporary Rental of Outdoor Skate Park Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to take no action on the possible temporary rental of an outdoor skate park. Councilmember Spigner said she would like to resolve the issue and suggested that a motion for denial would be more appropriate. Mayor Tierney said that the last meeting was adjourned before action was taken. City Attorney Knutson explained that under Roberts Rules of Order, any matter not dealt with at a meeting is placed on the next agenda. Councilmember Preus said that there have been previous situations where pending items were not placed on the agenda. He explained that the intent of his motion is to take no action on the request which will resolve the issue. Mayor Tierney supported implementing the concept for this summer as a means of assessing the need for a permanent skate park. Councilmember Spigner said that private business should be given the opportunity to handle the demand for aggressive skating. She noted that the City has the opportunity for rental of the private skatepark only from August 13 through September 13 which would compete with the start of the school Adopted City Council Minutes June 3, 1998 Page 17 year and the state fair. This would not be a true test of the use of the equipment. Councilmember Black said that demand for skatepark facilities may increase during the summer months. The rental option is an inexpensive way of determining whether there is need for another skatepark facility in the City. Councilmember Bildsoe said that this is a future option, but the motion is to do nothing at this time. Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to call the question. Motion carried, five ayes. Motion carried, Preus, Black, Bildsoe, and Spigner ayes; Tierney nay; Johnson absent. Item 8-E Showmobile Use and Rental Policy Park Director Blank presented the proposed use and rental policy for the mobile stage as recommended by the Park and Recreation Advisory Commission. It is proposed that there would be no charge for use of the stage for city -sponsored events. For Plymouth non-profit organizations, churches, and neighboring communities, a $200 per day fee is proposed. All other groups would pay $500 per day. Life expectancy of the stage is 30 years. Rental fees would be placed in a fund for facility maintenance and replacement. Liability insurance in the amount of $750,000 would be required of all organizations using the stage. The City's Risk Management Coordinator has indicated that it will not be a problem for organizations to obtain this insurance. City Manager Johnson said that some staff believe the proposed rental fees may be too low, particularly for entities outside of the City. Councilmember Bildsoe said that he would like additional information in order to make a decision, including rental fees from other communities and from the private rental market. He also believes the proposed rates are low. He noted that no fee is proposed for "park and recreation sponsored events." Since funds were borrowed from another City fund to purchase the equipment, he believes that a use fee should be charged to park and recreation for using the equipment. Finance Director Hahn explained that departments are allocated charges for the use of equipment, facilities, and utilities, and the same system is proposed for the showmobile. Park dedication fees are being used to purchase the Adopted City Council Minutes June 3, 1998 Page 18 showmobile, and the rental rates would go to the fund that will cover the maintenance and replacement of the equipment. Mayor Tierney said that Plymouth previously paid $1,000 to rent the portable stage from the City of Richfield. She suggested that neighboring communities be charged $500 per day and outside groups be charged $750 per day. Councilmember Preus said that he also would like more information on the public and private market rental fees. He would like "city sponsored events" to be defined in the policy. Mayor Tierney asked if there have been requests for rental. Director Blank said that several rental requests have been received: Wayzata School District on June 29, City of Maple Grove on July 11, and the City of Richfield on July 4. Councilmember Spigner said that Plymouth previously rented a stage from the City of Richfield for $1,000 and now Richfield would be able to rent a better stage from Plymouth for $500. Park Director Blank described the history on ownership and rental of the stage. The Plymouth Civic League had the option of renting a stage elsewhere. The City of Richfield increased the rental fees to $1,000 the past few years in order to dissuade the rental of their very old stage. Councilmember Spigner suggested that the rental fees be provided for the June 10 special council meeting. Motion was made by Mayor Tierney, seconded by Councilmember Spigner, to amend the call of the meeting for the June 10 special council meeting to add to the agenda the showmobile use and rental policy. Councilmember Preus said that this issue may better be discussed at a regular council meeting. Councilmember Spigner said that the rental policy can be discussed following the joint meeting with the Hennepin County Commissioners on June 10. She believes that the rental policy needs to be established since there are pending inquiries about rentals. Adopted City Council Minutes June 3, 1998 Page 19 Councilmember Preus said that he would like the report to include a definition of "city sponsored events". He would like an analysis of the rates between a city conducted event and a city sponsored event. Councilmember Black asked which communities would be included in the neighboring communities list. Park Director Blank said neighboring communities would include Robbinsdale, Crystal, New Hope, Golden Valley, Brooklyn Park, Brooklyn Center, Minnetonka, and Maple Grove. These are the cities which have joint programming with the City of Plymouth. Motion carried, five ayes. Motion was made by Mayor Tierney, seconded by Councilmember Black, to postpone discussion on the showmobile rental policy until June 10. Motion carried, five ayes. Item 8-F (6-Q) Wetland Conservation Act Exemption for Regal Cinema Site Councilmember Black said that the Council typically considers a Certificate of Exemption from the Wetland Conservation Act after a plan has been approved. Public Works Director Moore said that this is a requested exemption from the Wetland Conservation Act. Director Hurlburt said that there is a developer, project name, and purchase agreement associated with this project. The exemption is a condition of the land and has no connection to this developer. The timing of the process is normal. Councilmember Black noted that area residents have already brought forward concerns about traffic in this area. Community Development Director Hurlburt responded that the proposed project would require a significant amount of approvals which would include public input. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-353 AUTHORIZING THE MAYOR TO SIGN THE CERTIFICATE OF EXEMPTION FROM THE WETLAND CONSERVATION ACT, PROPOSED REGAL CINEMA SITE; NORTH OF 45TH AVE. N, BETWEEN NATHAN LANE & TRUNK HIGHWAY 169 FRONTAGE ROAD, SE SECTION 12, T118N, R22W. Motion carried, five ayes. Adopted City Council Minutes June 3, 1998 Page 20 Item 9-a Nick Hyduke's Letter Councilmember Preus requested that staff review the status of the issues brought forward in Nick Hyduke's letter. He said that there may be little the Council can do at this point, but he would like a complete review and report back at the next meeting. Manager Johnson said that a report will be prepared for the next regular council meeting and a copy will be sent to Mr. Hyduke. Item 9-A Report on Duty Crew Councilmember Bildsoe requested that a report on the effectiveness of the duty crew concept be presented at the July 8 meeting. Councilmember Johnson returned to the meeting at 10 p.m. Item 9-11 Trail crossings with Lights Councilmember Johnson requested that staff report back on whether a blinking trail crossing light could be installed at the 36th Avenue trail near Armstrong High School. She requested similar information related to the trail crossing at West Medicine Lake Drive and Northwest Blvd. Motion was made by Councilmember Spigner, seconded by Councilmember Johnson, to suspend the rules and extend the meeting to 10:05 p.m. Motion carried, Spigner, Black, Bildsoe, Preus ayes; Johnson and Tierney nays. Item 9-C Charter Amendment regarding Supermajority Vote Requirement Councilmember Preus said that it is not his intent to get into the merits of the various supermajority vote options. He wants the Council to procedurally understand the action that was taken at the last Council meeting. The Council first removed from the ballot the proposal that the 1996 City Council voted to place on the ballot. The Council then voted to have the Charter Commission review an alternative proposal which would allow the Council to establish a supermajority requirement by ordinance. He said that the Council did not need to remove the original language from the ballot in order to have the Charter Commission review the alternate language. By doing so, the Council has limited its options. Councilmember Preus said that if the City Council does not reconsider its first action at the last meeting, the 1996 proposal cannot be considered as an option. He said that the Council's options are to adopt the current alternative language after review by the Charter Commission or to consider something else recommended from the Charter Commission. Adopted City Council Minutes June 3, 1998 Page 21 Councilmember Johnson said that the City Council adopted a conditional repeal. If the Charter Commission does not act by September 2 on the alternative language, the original 1996 language would be on the November ballot. Councilmember Preus said he has confidence that the Charter Commission will return a recommendation to the City Council on the alternative language, and then the City Council will not have a full range of options. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to suspend the rules and extend the meeting to 10:10 p.m. Motion carried, five ayes. Mayor Tierney asked the City Attorney to explain the result of the motion. Attorney Knutson explained that the City Council has conditionally repealed the prior ordinance. The condition stated that if the Charter Commission does not report back by September 2, the original 1996 language would go to the voters. If the Charter Commission reports back, the initial language cannot be considered by the Council to place on the ballot. Councilmember Johnson said that the majority of the Council felt that the alternative proposed by the Charter Commission was preferable to the 1996 language. She said that some question will go to the voters -- either the 1996 language or the alternative recommended by the Charter Commission. Councilmember Preus said that the original proposal was approved for placement on the ballot by six members of the City Council in 1996. He requested that the Council reconsider its action from the previous meeting so that the City Council has a full range of options when the Charter Commission reports back on the supermajority alternative. If the City Council does not reconsider its action from the previous meeting and the Charter Commission reports on the alternative, the Council cannot legally consider the original proposal that was adopted by six members of the Council in 1996. He requested that a Councilmember on the prevailing side of the vote make a motion for reconsideration. Bob Sipkins, Charter Commission Chairperson, said that the current Council has indicated where it stands on the supermajority vote issue based on the vote at the last meeting. The Council had the opportunity to vote to retain the original language. He said it is the Charter Commission's intent and recommendation that the original ballot language be repealed and the alternate language be put in its place. He believes the language is clear and that no new information has occurred since the last Council meeting. Adopted City Council Minutes June 3, 1998 Page 22 Motion was made by Councilmember Black, seconded by Councilmember Johnson, to adjourn the meeting at 10:12 p.m. Motion carried, five ayes; Preus nay. ZIWf. e L urie Ahrens City Clerk