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