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HomeMy WebLinkAboutCity Council Minutes 09-03-1997MINUTES REGULAR COUNCIL MEETING SEPTEMBER 3, 1997 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Council Chambers, 3400 Plymouth Blvd., on September 3, 1997. COUNCIL PRESENT: Mayor Tierney; Councilmembers Spigner, Black, Bildsoe, Wold, Johnson, and Preus. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Park Director Blank, Public Safety Director Gerdes, Finance Director Hahn, City Attorney Knutson, and Deputy City Clerk Hoffman. Item 3 Plymouth Forum No one spoke at the Forum. Item 4-A Community Education Services Citation Anne Vermeer and Jim Brandl presented a plaque to recognize outstanding collaboration over the past several years between the City of Plymouth and the Wayzata school district. Item 4-B Announcement of Black and White Squad Cars Public Safety Director Gerdes presented the new look of the City's squad cars. All squad cars will be black and white. Public Safety Director Gerdes also apprised the Council of the addition of the opticon feature to the cars, to be used for maneuvering through semaphore controlled intersections. Public Safety Director Gerdes cited the 26 -year term of service and announced the retirement of Sergeant Ron Foreman. Mayor Tierney praised Sergeant Foreman's work and gave him a certificate of recognition for his work. Item 5 Approve Agenda Councilmember Spigner requested a review of the time constraints given the material on the agenda. Councilmembers agreed to work efficiently, but would be prepared to extend the time. Motion was made by Mayor Tierney, motion seconded by Councilmember Johnson, to amend the agenda to include under Staff Reports and Discussion items from the August 29 Council Information Memo regarding the Minnehaha Creek Watershed District Steering Committee, and the check from the Workers' Compensation Reinsurance Association. Motion carried, seven ayes. Regular Council Meeting September 3, 1997 Page 2 Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to approve the agenda as amended. Motion carried, seven ayes. Item 6 Consent Agenda Councilmember Johnson asked to comment on Item 6-C before approving the Consent Agenda. She commended developers and residents for working together to successfully move through the development process. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to approve the Consent Agenda. Motion carried, seven ayes. Item 6-A Approve Minutes Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to approve the minutes of the July 1, July 16, July 29 Special Meetings, August 6 and August 20 Regular Meeting, August 18 and August 20 Special Meetings. Motion carried, seven ayes. Item 6-B Approve Disbursements Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 97-492 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING AUGUST 22,1997. Motion carried, seven ayes. Item 6-C The Damone Group. Planned Unit Development (PUD) General Plan Amendment for Property Located at Vicksburg Lane and 22nd Avenue 97094) Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 97-493 APPROVING PLANNED UNIT DEVELOPMENT GENERAL PLAN AMENDMENT FOR THE DAMONE GROUP FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF VICKSBURG LANE AND 22ND AVENUE 97094). Motion carried, seven ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt ORDINANCE 97-17 AN ORDINANCE AMENDING CHAPTER 21 OF THE CITY CODE TO AMEND PUD 81-1 FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF VICKSBURG LANE AND 22ND AVENUE (97094). Motion carried, seven ayes. Regular Council Meeting September 3, 1997 Page 3 Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 97-494 APPROVING FINDINGS OF FACT FOR AMENDING THE ZONING ORDINANCE TEXT FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF VICKSBURG LANE AND 22"D AVENUE (97094). Motion carried, seven ayes. Item 6-D Ice Center. Reduction in Retainage from 5% to 1% for Commercial Refrigerator Systems, Inc. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 97-495 REQUEST FOR PAYMENT NO. 7, ICE CENTER PROJECT NO. 5041. Motion carried, seven ayes. Item 6-E Rejection of Police Ordered Towing and Impoundment Proposals Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 97-496 REJECTION OF THE PROPOSALS SUBMITTED FOR THE POLICE ORDERED TOWING AND IMPOUNDMENT OF VEHICLES. Motion carried, seven ayes. Item 6-F Doboszenski & Sons Irrigation Contract. Ice Arena Change Order Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 97-497 APPROVING CHANGE ORDER NO.3 TO DOBOSZENSKI & SONS. Motion carried, seven ayes. Item 6-G Street Name Change in the Bass Lake Heights Subdivision Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt ORDINANCE 97-18 AN ORDINANCE CHANGING THE STREET NAME IN THE BASS LAKE HEIGHTS SUBDIVISION. Motion carried, seven ayes. Item 6-H Application for Lawful Gambling Exemption for Plymouth Firefighters Relief Association Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 97-498 FINDING NO OBJECTION TO LAWFUL GAMBLING EXEMPTION FOR PLYMOUTH FIREFIGHTERS' RELIEF ASSOCIATION. Motion carried, seven ayes. Item 6-I Reduction in Required Financial Guarantee Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 97-499 REDUCING REQUIRED FINANCIAL GUARANTEE, HARRISON PLACE ON BASS CREEK ADDITION (94051). Motion carried, seven ayes. Regular Council Meeting September 3, 1997 Page 4 Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 97-500 REDUCING REQUIRED FINANCIAL GUARANTEE, HICKORY HILLS ADDITION (94091). Motion carried, seven ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 97-501 REDUCING REQUIRED FINANCIAL GUARANTEE, NANTERRE ADDITION (94093). Motion carried, seven ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 97-502 REDUCING REQUIRED FINANCIAL GUARANTEE, MISSION VIEW ADDITION (94158). Motion carried, seven ayes. Item 6-J Reimbursable Payment to Diversified Construction Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 97-503 APPROVING PAYMENT TO DIVERSIFIED CONSTRUCTION OF MINNEAPOLIS. Motion carried, seven ayes. Item 6-K1 County Road 9/Rockford Road Utility and Street Improvements, City Project No. 3010 Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 97-504 REQUEST FOR PAYMENT NO. 11 AND FINAL, COUNTY ROAD 9/ROCKFORD ROAD, CITY PROJECT NO. 3010. Motion carried, seven ayes. Item 6-K2 Westbranch 3'd Addition - Phase 1 Utility and Street Improvements, City Project No. 4015 Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 97-505 REQUEST FOR PAYMENT NO.6 AND FINAL, WESTBRANCH 3RD ADDITION - PHASE 1, CITY PROJECT NO. 4015. Motion carried, seven ayes. Item 6-L Peony Lane Street and Bridge Improvements, City Project No. 5002 Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 97-506 APPROVING REVISED CHANGE ORDER NO. 3, PEONY LANE - STREET AND BRIDGE IMPROVEMENTS, CITY PROJECT NO. 5002. Motion carried, seven ayes. Regular Council Meeting September 3, 1997 Page 5 Item 6-M Westbranch Yd Additions - Phase II, City Project No. 4015 Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 97-507 REQUEST FOR PAYMENT NO. 4, WESTBRANCH 3`D ADDITION - PHASE II, CITY PROJECT NO. 4015. Motion carried, seven ayes. Item 6-N Supplemental Agreement with Hennepin County, City Project No. 4002 Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 97-508 APPROVING SUPPLEMENTAL AGREEMENT, COUNTY ROAD 9 IMPROVEMENTS, CITY PROJECT NO. 4002. Motion carried, seven ayes. Item 6-01 Beautiful Savior Church. Certificate of Exemption, Wetland Conservation Act. (97061) Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 97-509 AUTHORIZING THE MAYOR TO SIGN THE CERTIFICATE OF EXEMPTION FROM THE WETLAND CONSERVATION ACT, BEAUTIFUL SAVIOR CHURCH 97061), SW NE SECTION 10, T118N, R 22W. Motion carried, six ayes, Councilmember Black nay. Item 6-02 Town & Country Homes. Wetland Mitigation and Replacement Plan 97011) Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 97-510 APPROVING WETLAND MITIGATION AND REPLACEMENT PLAN, TOWN & COUNTRY HOMES (97011), SW% NE% SECTION 17, T118N, R 22W. Motion carried, seven ayes. Item 6-03 The Village at Bassett Creek. Wetland Mitigation and Replacement Plan 97080) Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 97-511 APPROVING WETLAND MITIGATION AND REPLACEMENT PLAN, THE VILLAGE AT BASSETT CREEK (97080), SE NW SECTION 36, T118N, R 22W. Motion carried, six ayes, Councilmember Black nay. Regular Council Meeting September 3, 1997 Page 6 Item 6-P Ordinance Regulating Graffiti Cleanup Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt ORDINANCE 97-19 AN ORDINANCE AMENDING CHAPTER IX OF THE CITY ORDINANCES TO CONTROL GRAFFITI ON PUBLIC OR PRIVATE PROPERTY. Motion carried, seven ayes. Item 6-Q Tobacco License Approval for Plymouth Superette Motion was made by Councilinember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 97-512 APPROVING TOBACCO LICENSE FOR PLYMOUTH SUPERETTE. Motion carried, seven ayes. Item 7-A Public Hearing for 1997 Delinquent Utility Fees Finance Director Hahn explained the unpaid fees and penalties. He explained the assessment roll and recommended passage. Mayor Tierney opened the public hearing at 7:22. No one spoke and the public hearing was closed. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 97-513 ADOPTING ASSESSMENTS, 1997 UNPAID ANNUAL STREET LIGHTING FOR UNIMPROVED PARCELS AND UNPAID ANNUAL RECYCLING FEES. Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 97-514 ADOPTING ASSESSMENTS, 1997 DELINQUENT WATER, SEWER, RECYCLING, AND STREET LIGHTING SERVICE CHARGES. Motion carried, seven ayes. Council directed staff to place on the October 8 Study Session a discussion of ways to encourage residents to pay assessments and fees early. Item 7-B Public Hearing for Street Closing — Juneau Lane/14' Avenue Near Lions Park Public Works Director Moore explained that the public hearing was required to consider whether to close a part of 14" Avenue near Juneau Lane. He summarized the options for traffic control in the neighborhood east of Parkers Lake. He reported that traffic studies and counts done in the neighborhood show that most of the traffic is within speed limits for the neighborhood streets in question. He stated that the staff recommendation is not to place stops signs or close streets, but to paint lane markings for bike routes, which Regular Council Meeting September 3, 1997 Page 7 would also have the effect of narrowing the traffic lanes and enable the establishment of 25 mph speed limit under County guidelines. Before opening the public hearing, Mayor Tierney noted the large number of requests to comment. She said that, in an effort to minimize unnecessary speakers, she would like a brief response on the staff recommendation from Councilmembers. Councilmember Johnson stated that she wanted to be certain any decision would be favored by all residents, not just the petitioners, because the recommendation from staff was a different course of action than that requested by the petitioners. Mayor Tierney stated that she supported staff recommendation not to close streets or place stop signs, but to use bike lane markers and lowered speed limits. Councilmember Johnson asked residents to give an indication whether they supported the staff recommendation. She said she was in favor of the staff plan, adopting the plan that would be least detrimental to traffic movement. Councilmember Black stated that she was inclined toward the staff recommendation. She said she wanted to hear from those residents who did not support the staff recommendation and why they did not. Councilmember Bildsoe said he supported the staff recommendation. Councilmember Wold spoke in favor of the staff recommendation. He clarified the public hearing process to speakers, saying that while they had a right to speak, the Council requests speakers try to limit themselves to 5 minutes. Mayor Tierney opened the public hearing at 7:40 p.m. ,with a request that speakers limit remarks to whether or not they support the staff recommendation and why. John Sawina, 14520 14`h Avenue N., said he believed at issue is what is best for the entire neighborhood. He requested a resolution that would protect the safety of neighborhood. He said he didn't believe a bike trail or speed controls alone will be enough. He said he supports at least one stop sign. Ross Tolbert, 1435 Kingsview Lane, said he believed the issue is dividing the neighborhood. He recommended one stop sign at 146'& Juneau, but said he supports the marked bike trail and reduced speed limits. Regular Council Meeting September 3, 1997 Page 8 Marshall Browne, 1301 Kingsview Lane, stated he was concerned about the road width if the bike path is striped. He said it makes for a very narrow road. He asked that the Council consider alternatives to where the bike path may go, but he said he opposed a stop sign, which would bring added traffic noise. He asked for a decision that ensured the greatest safety for the most number of residents. David Anderson, 1555 Juneau Lane. He stated his concern that it would be difficult to slow down traffic coming off County Road 6 into the neighborhood. He asked to consider moving the traffic to another route. Henry Willegalle, 1525 Juneau Lane spoke about the traffic volume and speed levels. He said he would support the recommendation but asked the Council to go back and study the idea of a cul-de-sac somewhere in the neighborhood. Pat Ujifusa, 1315 Harbor Lane, said she would like to see lanes marked, and the placement of additional warning signs to alert pedestrian path users to oncoming traffic. Richard Schmidt, 14310 13' Avenue N., said he supported the staff recommendation. He said he believed that closing the street would not solve the problem. Leslie Bocksell, 14505 14`h Avenue N., deferred to the next speaker. Wendy Friedmeyer, 14425 13`' Avenue N., deferred to the next speaker. David Tierney, 14730 13' Avenue N., stated that the trail path is confusing. He said he believed traffic and speeding issues remain a concern, but he endorsed the recommendation. Katherine Erickson, 14655 13"' Avenue N., said she supported marking the bike paths, but suggested looking at having the paths follow Fernbrook Lane rather than go through the neighborhood. Kathleen Gerdes, 14635 13`h Avenue N., deferred to the next speaker. Jack Churchill, 14615 13`h Place N., supported the staff proposal. He said he saw the neighborhood drawn together through the process. Marsha Videen, 1151 Kingsview Lane, said she supported the recommendation. She asked that the Council study road widths. She expressed concerns over emergency access if a cul-de-sac installed. Regular Council Meeting September 3, 1997 Page 9 Carl Tuura, 14620 13`h Place N., supported the recommendation. He said some improvements could be made by seeking other routes for the path to be placed on less traveled routes. He also requested an examination of speed and safety issues at the corner of County Road 6 and Juneau Lane. Ken Peterson, 14820 13' Place N., supported earlier speakers. Michael Undland, 14523 13th Avenue N., supported the staff recommendation. George Waldo, 1390 Kingsview Lane, asked that the Council consider the increase of traffic every year and suggested the City look at new routing. Henry Willegalle asked about the permissibility of street parking once the bike lanes are striped. Mayor Tierney stated that parking will be allowed on the streets. At 8:15 p.m., Mayor Tierney closed the public hearing. Manager Johnson said that under State guidelines, if the bike trail is not painted, the speed limit could not be reduced. Public Works Director Moore stated that two standard traffic lanes would remain after street marking. He said the streets involved in the bicycle plan are lower volume traffic routes. Councilmember Black asked about traffic volume and the number of people who use the route in a non -motorized form. She suggested considering other options if the higher pedestrian count was a factor. Public Works Director Moore said no pedestrian counts had been done. He noted that other trails are used as well through the neighborhood. Motion was made by Councilmember Wold, seconded by Councilmember Spigner, to adopt RESOLUTION 97-515 ESTABLISH A MARKED BIKE LANE ON THE DESIGNATED BIKE ROUTE FROM THE LUCE LINE TRAIL NORTH TO COUNTY ROAD 6 AND ESTABLISH A 25 M.P.H. SPEED LIMIT ON THIS SECTION OF ROADWAY. Councilmembers thanked the speakers, and said cooperation needs to begin in the neighborhood, with an attempt to slow traffic down by painting and reducing speeds. They said they supported the recommendation for the street markings and reduced speed limit. Motion carried, seven ayes. Regular Council Meeting September 3, 1997 Page 10 Council directed staff to review conditions in a few months and report back with some alternatives for pedestrian and bike trails through the neighborhood. At 8:29 Mayor Tierney ordered a 5 -minute break. Item 8-A Rottlund Co., Ine. Land Use Guide Plan Amendment, Rezoning, Preliminary Plat, Interim Use Permit and PUD General Plan for the Northwest Quadrant of Highway 55 and Revere Lane (97080) Community Development Director Hurlburt presented the requests for the Village of Bassett Creek. She summarized the four resolutions and one ordinance before the Council for approval. She outlined the land use plans and street patterns, along with pedestrian paths and sidewalks. She explained the environmental issues for the proposal, including placement of buffers and setbacks for buildings, as well as soil replacement due to soil problems at the site, and the wetland replacement plan. She reviewed the interim use permit request for reduced parking for townhomes at the site. She explained that a public hearing on tax increment financing for the project was placed at this point in the agenda also, because it tied in with the development project. She explained how this type of project would contribute to affordable housing goals for the City. She summarized concerns about traffic and parking expressed by residents to the north of the site, and south of Highway 55. Housing Supervisor Goldsmith stated that the tax increment financing (TIF) was needed to cover the cost of soil corrections. He said the use of TIF money to develop the land for anything but housing would be financially impractical. He outlined a construction timetable based on HUD and Metropolitan Council deadlines for funding. He said staff recommended TIF funding at a reduced amount from earlier projections. Community Development Director Hurlburt introduced Richard Palmiter, from Rottlund Homes, Inc., and Architect Tim Witten, to present development and architectural plans for the parcel. Doug Mayo, Director of Housing Development for Common Bond Communities, described the building plans and residential services to enhance independent living for senior citizens. He said the development would be owned by a nonprofit corporation, the Bassett Creek Homeowners Association. Councilmember Spigner discussed with Doug Mayo the criteria for resident selection. He said the criteria is based on age and income limits on a first registered basis. He explained Common Bond's marketing plans, and said if a Regular Council Meeting September 3, 1997 Page 11 preference is given to local residents, the selection criteria will have to be modified. He said six townhomes on one side of the building would be purchased with HUD money, as a separate organization from the seniors residence and the Rottlund project. Councilmember Preus requested more information about soil conditions. Richard Palmiter stated that soil removal will be extensive, but is not expected to delay the project. Item 8 -Al Public Hearing on Tax Increment Financing Plan for TIF (Housing) District No. 7-5, Village at Bassett Creek, Rottlund Homes, Inc. Mayor Tierney opened the public hearing at 9:27 p.m. Councilmembers advised the speakers at the public hearing to confine remarks to the proposal to provide tax increment financing for the project. Daryl Tesch, 1064 Trenton Circle N., deferred to the next speaker. Mark Nagel, 1032 Trenton Circle N., identified himself as a Trenton Ponds resident speaking on behalf of the homeowners' board. He said the homeowners association had concerns about preservation of animal life and the environmental quality of the site. He said the association did not view this as an appropriate use of TIF funding. He questioned linking the senior citizen housing development to the rest of the project. Jim Schurz, 1167 Trenton Circle N., said he believed financing for the senior housing project was being used as a lynch pin on which to gain support for the rest of the project. He said he believed traffic and parking issues had not been adequately addressed by the developers. David Crain, 13200 3V Avenue N., chair of the Plymouth HRA, praised efforts to diversify Plymouth's housing and called the TIF appropriate in this part of the city. He said he supported efforts such as this. He said Plymouth residents need this housing opportunity because there will be few more like it to come along. He said the pricing of the Rottlund units was consistent with guidelines from the Metropolitan Council. Lower income residents might qualify for the units, but would not consider them because public transportation options are limited for this area. He said there was one abstention on an HRA vote supporting the development. He said the abstention came from a conflict of interest. He stated that the HRA supported both elements of the development project as being important to housing in Plymouth. Regular Council Meeting September 3, 1997 Page 12 Sister Clarice Schmidt, 105 Forestview Lane, deferred to the next speaker. Fred Lee, 1105 Vagabond Lane, stated that he had been asked to serve on the Common Bond Communities Board. He spoke of need for senior housing, and that this was a modest project, but much needed. Pauline Milner, 11333 Fairfield Road, Minnetonka, said that when she was forced to seek a new home, she found the Plymouth Towne Square seniors apartments were too expensive. She said that the Common Bond housing project in Minnetonka, Boulevard Gardens, was a quarter of the rental fee charged by Plymouth Towne Square. She said she supported the project development. Mayor Tierney said the Council had received letters from Sara Middlestaedt, Seniors Coordinator for the City of Plymouth, and from Thomas Johnson, of General Mills, supporting the request for more senior housing. Harley Greenberg, 1000 Trenton Circle N., said he opposed the use of the money to remove the soil and trees. He said he supported leaving the area as a natural preserve. Motion was made by Councilmember Preus seconded by Councilmember Bildsoe to suspend the rules and extend the meeting until 10:30. p.m. Councilmember Spigner requested the extension time be set at 11:00 p.m. Councilmember Preus stated the Council should take the extensions one step at a time. He reiterated that public comments be kept to the issue of TIF funding. Motion to suspend the rules passed, six ayes, Councilmember Spigner nay. Marshall Rappaport, 1044 Trenton Circle, said he was opposed to any funding program that would cost the City $300,000. He said he was in favor of the senior housing plan. Leo Rogers, 1076 Trenton Circle, stated that he believed TIF programs were intended for commercial industrial development, and he believed that Plymouth residents will have to pick up the tab for 8-10 years. Earl Witcraft, 1180 Trenton Circle N., asked the Council to find if there was any precedent to the use of TIF funds for housing development such as this. Regular Council Meeting September 3, 1997 Page 13 Bonnie Huettl, 320 Quaker Lane, said her concerns were about plowing and safety issues surrounding parking in the private streets. She said she also believed townhouses were more appealing to a younger market, rather than single level homes that would appeal to older buyers. She said she supported diversity in housing, but did not want to subsidize the project. Daryl Tesch, 1064 Trenton Circle N., said older home buyers want single level living. He said he also questioned whether the land was being sold at the lowest price possible. He stated he believed private street parking will create a problem for emergency vehicles. Lynn Markey, 230 Quaker Lane, said he opposed his tax dollars going to support a profit-making venture. Robert Maddaus, 1028 Trenton Circle, said he was concerned about parking problems that may arise in the neighborhood. Mayor Tierney closed the public hearing at 10:17 p.m. Community Development Director Hurlburt stated that on -street parking would only be for guests, and that parking on the loop drive would be enforced the same way it is at Trenton Ponds. She said guests at the development would be more likely to park in Waterford Plaza than use Trenton Ponds. She said fire lanes would be posted. Richard Palmiter of Rottlund Homes stated that market studies show this type of home will sell well. He said in Minnetonka TIF money was used for a first time homebuyer program. Housing Supervisor Goldsmith said the Legislature has made it difficult to use TIF money for economic development on a site such as this. Motion was made by Councilmember Johnson, seconded by Mayor Tierney, to suspend the rules and extend the meeting until 11:30 p.m. Motion failed, five nays, two ayes. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to suspend the rules and extend the meeting until 11:00. Motion carried, seven ayes. Housing Supervisor Goldsmith stated that Hennepin County's position on the use of TIF money for housing was that it should be a financing tool of last resort. He said that Common Bond could not afford to purchase the land and do the necessary soil work. He said the TIF money will go to Rottlund Homes Regular Council Meeting September 3, 1997 Page 14 to do the soil correction, and to sell the land to Common Bond at a price it can afford. He said the senior housing, along with the six low-income family housing, and the moderate income townhomes meet the diversity requirements of the Metropolitan Council. Richard Palmiter stated that HUD approved only 46 units of low income senior housing. Councilmember Spigner said she believed more issues need to be resolved, and that the issue should be tabled. Doug Mayo of Common Bond stated that there was no delay planned in the development of the senior housing and they could possibly lose the HUD funding. Public Works Director Moore said that the wetland areas to the north of the site would not be affected by soil removal or wetland drainage. He stated that monitoring wells were placed in an effort to avoid draining wetlands. Community Development Director Hurlburt said that the City's wetland ordinance came after the development of Trenton ponds, and that regulations are now different. She said unless the City purchases the land for open space, it must allow reasonable land use. Housing Supervisor Goldsmith stated that the property was originally on the market for $2.2 million. The price was eventually dropped down to $965,000, and is considered the best dollar possible for purchase. Motion was made by Councilmember Black, seconded by Councilmember Johnson to suspend the rules and extend the meeting to 11:30. Motion carried, seven ayes. Motion was made by Councilmember Black, seconded by Mayor Tierney, to adopt RESOLUTION 97-516 APPROVING LAND USE GUIDE PLAN AMENDMENT FOR THE ROTTLUND COMPANY, INC. FOR PROPERTY LOCATED IN THE NORTHWEST QUADRANT OF HIGHWAY 55 AND REVERE LANE (96140). Motion carried, six ayes, Spigner nay. Regular Council Meeting September 3, 1997 Page 15 Motion was made by Councilmember Black, seconded by Councilmember Tierney, to adopt ORDINANCE 97-20 AN ORDINANCE AMENDING CHAPTER 21 OF THE CITY CODE TO CLASSIFY CERTAIN LANDS LOCATED IN THE NORTHWEST QUADRANT OF HIGHWAY 55 AND REVERE LANE AS PUD (PLANNED UNIT DEVELOPMENT) 97080). Motion carried, six ayes, Spigner nay. Motion was made by Councilmember Black, seconded by Councilmember Tierney, to adopt RESOLUTION 97-517 APPROVING PRELIMINARY PLAT AND PUD GENERAL PLAN FOR THE ROTTLUND COMPANY, INC. FOR PROPERTY LOCATED IN THE NORTHWEST QUADRANT OF HIGHWAY 55 AND REVERE LANE 97080). Motion carried, six ayes, Spigner nay. Councilmember Spigner stated her opposition to approval of the plan. Councilmember Black stated that she believed some sort of TIF funding would be needed for the site no matter what sort of project is approved. She said the City needs to provide affordable housing for the people for whom the City is providing jobs. Councilmember Johnson said she supported the plan. She said she believed that the TIF funding will benefit the City in the end, and not just serve as a subsidy to the development. Motion was made by Councilmember Johnson, seconded by Councilmember Preus to vote separately on approval of Findings of Fact for the Rezoning and the approval of the interim use permit for the Rottlund Co., Inc. Motion carried, seven ayes. Motion was made by Councilmember Black, seconded by Mayor Tierney, to adopt RESOLUTION 97-518 APPROVING FINDINGS OF FACT FOR REZONING FOR THE ROTTLUND COMPANY, INC., FOR PROPERTY LOCATED IN THE NORTHWEST QUADRANT OF HIGHWAY 55 AND REVERE LANE (97080). Motion carried, seven ayes. Motion was made by Councilmember Black, seconded by Mayor Tierney, to adopt RESOLUTION 97-519 APPROVING INTERIM USE PERMIT FOR THE ROTTLUND COMPANY, INC. FOR PROPERTY LOCATED IN THE NORTHWEST QUADRANT OF HIGHWAY 55 AND REVERE LANE (97080). Regular Council Meeting September 3, 1997 Page 16 Councilmembers Preus and Johnson stated they would vote against the resolution. The Mayor and Councilmembers asked for information addressing guest parking and off-street parking totals. Community Development Director Hurlburt stated that the City's new zoning ordinances deal with parking issues more directly than in the past, and they can't make comparisons to past references. She said that the interim use permit will allow customization of such projects as this without lowering standards of the neighborhood. Councilmember Black stated that she believe the issues of guest and off-street parking were adequately addressed, and that she would favor the permit. She said that in the Trenton ponds neighborhood, the streets are private and unavailable for outsiders to park on. Motion carried, four ayes, Spigner, Johnson, and Preus nay. Motion was made by Councilmember Wold, seconded by Councilmember Black, to adopt RESOLUTION 97-520 RESOLUTION ESTABLISHING TAX INCREMENT FINANCING DISTRICT 7-5, AND APPROVING AND ADOPTING THE TAX INCREMENT FINANCING PLAN RELATED THERETO. Councilmember Preus stated that he believed this resolution contains the most important element of the project, and that this is a relatively important policy decision for the City. He said that while not all needs will be satisfied in the project, he will vote for it. Councilmember Spigner stated that she believed this project doesn't offer great enough affordable housing, and she opposed the City's involvement. Motion was made by Councilmember Preus, seconded by Councilmember Johnson to suspend the rules and extend the meeting to 11:45. Motion carried, six ayes, Councilmember Spigner nay. Motion to approve the resolution carried, six ayes, Councilmember Spigner nay. Item 8-B Town and Country Homes, Inc. Land Use Guide Plan Amendment for Property Located in the Northwest Quadrant of Highway 55 and Dunkirk Lane (97011) (96188) Motion was made by Councilmember Bildsoe, seconded by Councilmember Wold, to table the item until the Regular Council Meeting of September 10. Regular Council Meeting September 3, 1997 Page 17 Councilmember Bildsoe requested the postponement of a decision on this issue due to the late hour, and because several neighborhood residents wished to address the Council on the matter. Council discussed the issues surrounding whether to table the item. Councilmember Preus called the question. Motion to table carried, four ayes, Spigner, Black and Tierney nay. Item 8-C Approval of 1998 Preliminary Budget and Levy Assistant Manager Lueckert presented an outline of the preliminary budget and levy which must be adopted before September 15. Motion was made by Councilmember Spigner, seconded by Councilmember Johnson, to adopt RESOLUTION 97-521 PROPOSED PROPERTY TAX LEVIES FOR TAXES PAYABLE IN 1998. Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Johnson, to adopt RESOLUTION 97-522 ADOPTING PROPOSED 1998 BUDGETS. Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Johnson, to adopt RESOLUTION 97-523 SETTING TRUTH IN TAXATION PUBLIC HEARING DATES FOR 1998 TAX LEVY. Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Johnson, to adopt RESOLUTION 97-524 SETTING COUNCIL MEETING START TIME FOR DECEMBER 3, 1997 REGULAR CITY COUNCIL MEETING AND DECEMBER 17,1997 REGULAR CITY COUNCIL MEETING. Motion carried, seven ayes. Item 9-A Report on the Minnehaha Creek Watershed District Steering Committee Mayor Tierney directed staff to report back to the Council on developments of the Minnehaha Creek Watershed District Steering Committee. Item 9-B Workers' Compensation Reinsurance Assoc. Surplus Distribution Check Finance Director Hahn reported to the Council that the $126,509.91 check represents Plymouth's share of excess funds deposited in the organization. He said the check will be deposited into the City's risk management fund for the City's self-insurance program and for covering liability and legal costs. He stated that the risk management fund has been very successful, and that the interest alone from the fund pays for insurance premiums for the City. Regular Council Meeting September 3, 1997 Page 18 Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adjourn the meeting at 11:40 p.m. Motion carried, seven ayes.