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HomeMy WebLinkAboutCity Council Minutes 01-08-2002Adopted Minutes Regular Council Meeting January 8, 2002 A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on January 8, 2002. Mayor Tierney requested that there be a moment of silence for Lorraine Buth, a Video Technician, who passed away earlier today. COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Black, Harstad, Johnson, Slavik, and Stein. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Police Chief Gerdes, Fire Chief Kline, Finance Director Hahn, Housing Manager Barnes, Community Development Director Hurlburt, City Engineer Quanbeck, Public Works Director Faulkner, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum LaDonna Hoy, from Interfaith Outreach, extended a big thanks to the City for their wonderful support of their Housing Campaign this year. She stated they are extremely grateful to the Council as well as City staff for their contributions. She noted that they raised over $500,000 for affordable housing. She presented a picture to Mayor Tierney and thanked her for participating in the event. Presentations and Public Information Announcements Councilmember Johnson encouraged residents as well as youth to submit applications for the 2002 Plymouth Youth Service Awards. She stated there would be a special event at the Plymouth Creek Center on February 28 where the awards would be presented. Individuals are requested to contact City offices for further information or obtain the information on the City's web site. Mayor Tierney reported on the annual Fire and Ice Festival scheduled for February 2, beginning at 2:30 p.m. at Parker's Lake. She mentioned the various activities that would be occurring. Adopted Council Minutes Regular Meeting of January 8, 2002 Page 2 of 19 Approval of Agenda City Manager Johnson informed the Council that an additional Resolution for item No. 8.4 has been provided to the Council this evening. He explained the Resolution is for the Regent at. Plymouth development, and it outlines the park dedication cash -in -lieu -of -land fee. This would be discussed during item No. 8.4. Mayor Tierney requested to add a brief discussion on the Housing Committee meeting on January 9 as item No. 9.1. Councilmember Hewitt requested that as part of item No. 9. 1, she would like discuss a possible Council Study Session for the City owned homes on County Road 101. Mayor Tierney also requested to add a discussion of the Legislative Commission meeting on January 14 as item No. 9.2. Motion was made by'Councilmember Slavik, and seconded by Councilmember Johnson, to approve the amended agenda. With all members voting in favor, the motion carried. Consent Agenda Mayor Tierney asked if there were any additions, corrections, or deletions to be made to the Consent Agenda. Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to approve the Consent Agenda which included the followingitems: ems: 6.01) Special Council Meeting Minutes of December 17, 2001 and Regular Council Meeting Minutes of December 18, 2001. 6.02) Resetting Public Hearing on the Sale of City Owned Properties Associated with the County Road 101, Improvement Project (9005 — Res2002-001). 6.03) Resolution Approving Variance for a Six -Foot, Temporary Security Fence in the Front Yards of Shadow Hills Apartments located at the Northeast Corner of Nathan Lane and 45th Avenue North for Sand Companies, Inc. (20149 — Res2002-002). 6.04) Resolution Approving 2002 Tobacco License for Essex Court, 505 Highway 169 North Res2002-003). 6.05.1) Appointment of Sandra Paulson as City Council Secretary for 2002. Adopted Council Minutes Regular Meeting of January 8, 2002 Page 3 of 19 6.05.2) Resolution Appointing Official Depositories for City Funds for 2002 (Res2002-004). 6.05.3) Resolution Ratifying Surety and Blanket Bonds for City Employees for 2002 (Res2002- 005). 6.05.4) Appointment of Dr. Doug Lowin as City Health Officer for 2002. 6.05.5) Resolution Designating the Plymouth Sun Sailor as the City of Plymouth's Official Newspaper for 2002 (Res2002-006). 6.06) Approval of payment to the City of Maple Grove for "emergency" purchase of water from July 10, 2001 through August 29, 2001. 6.07.1) Resolution Approving Request for Payment No. 9 and Final 2000 Street Reconstruction Project (9901— Res2002-007). 6.07.2) Resolution Approving Request for Payment No. 6 and Final Vicksburg Lane Improvements (9919 — Res2002-008). 6.08.1) Resolution Reducing Required Financial Guarantee for Rockford Estates Addition 93008 — Res2002-009). 6.08.2) Resolution Reducing Required Financial Guarantee for Westbranch 4th Addition (95139 Res2002-010). 6.08.3) Resolution Reducing Required Financial Guarantee for Conor Meadows Plat Two 96150 — Res2002-011). 6.08.4) Resolution Reducing Required Financial Guarantee for the Village at Bassett Creek 97080 - Res2002-012). 6.08.5) Resolution Reducing Required Financial Guarantee for Hilltop of Plymouth Addition 20003 — Res2002-013). 6.08.6) Resolution Reducing Required Financial Guarantee for Seven Greens (2001031 — Res2002-014). 6.09) Authorization for the Mayor to sign the Minnesota Wetland Conservation Act Certificate of Exemption form for property located west of Juneau Lane and north of County Road 47 Thompson property). Adopted Council Minutes Regular Meeting of January 8, 2002 Page 4 of 19 6.10) Resolution Approving Gleason Lake Management Plan and Authorization to Support BWSR Challenge Grant (Res2002-015). 6.11) Resolution Amending the Policy Establishing the Plymouth Environmental Quality Committee Mission/Organization Statement (Res2002-016), and a Resolution Appointing Individual to Environmental Quality Committee (Res2002-028). 6.12) Resolution Appointing Individuals to the Wayzata -Plymouth Chemical Health Commission (Res2002-017). 6.13) Resolution Approving Amended Agreement for Legal Services provided by Campbell, Knutson, Professional Association (Res2002-018). 6.14) Approving 2001 Annual Report and 2002 Work Plan for the Human Rights Commission. 6.15) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for 2001 Weed Eradication and Destruction, Roll 1 (Res2002-019), and Resolution Calling a Public Hearing on Proposed Assessment for 2001 Weed Eradication and Destruction, Roll 1 (Res2002-020). 6.16) Resolution Appointing Individuals to fill Vacant Terms on the Water Management Commissions (Res2002-021). Councilmember Johnson read the proposed list of individuals to be appointed to the Water Management Commissions (item No. 6.16).. Councilmember Hewitt thanked the Human Rights Commission for their work plan (item No. 6.14) and especially former Commissioner Jensen. Mayor Tierney read the proposed students to be appointed to the Wayzata/Plymouth Chemical Health Commission (item No. 6.12.). Councilmember Black read the proposed students to be appointed to the Environmental Quality Commission (item No. 6.11). Councilmember Johnson stated that regarding item No. 6.15, she would vote in favor of the Resolution setting the public hearing; however, there is an assessment for Quail Ridge of Plymouth, and this could involve a future Study Session topic for the Council. Motion carried to approve the Consent Agenda. Adopted Council Minutes Regular Meeting of January 8, 2002 Page 5 of 19 Public Hearings 7.1) Application of Off -Sale 3.2 Liquor License for Kwik Trip, 1605 Annapolis Lane North City Clerk Paulson reported on the application of Kwik Trip, Inc. for an Off -Sale 3.2 Malt Liquor License for Kwik Trip, #411, 1605 Annapolis Lane. Mayor Tierney opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to adopt a Resolution Approving Off -Sale 3.2 Malt Liquor License for Kwik Trip, Inc., c/b/a Kwik Trip Store #411, at 1605 Annapolis Lane (Res2002-022). Councilmember Black stated she would be abstaining from the motion. There being no further discussion, the motion carried. 7.2) Old Rockford Road/State Highway 55 Area Sanitary Sewer and Watermain Improvements (1033) Public Works Director Faulkner reported this project has been petitioned by three of the six affected property owners, and it would involve providing sanitary sewer and watermain facilities to the properties north of Highway 55, west of Peony Lane, and south of Old Rockford Road, along with the Lundgren Brothers property located north.of Highway 55 and north of Old Rockford Road. He explained two properties south of Highway 55 and west of County Road 101 would also benefit by the improvement, which would remove the existing lift station, currently serving the Urbandale Court area, and provide a gravity system with increased capacity when extended to the two properties. He stated a feasibility report was prepared by a consultant to determine the costs and how this could be constructed. On November 8, 2001 and December 20, 2001, public informational meetings were conducted for the affected property owners and the owners of the single-family homes within the Osier Addition. Questions pertaining to assessments included how were the assessments determined and the options available to the property owners on the length of assessment, and possible deferment options which could be provided by the City. City Engineer Quanbeck illustrated the project. He explained the project would be funded by 426,432.62 in special assessments, and $94,439.47 from the utility trunk fund. He Adopted Council Minutes Regular Meeting of January 8, 2002 Page 6 of 19 stated the sanitary sewer assessments involve two different types of lines, which are a sub -trunk and an 8 -inch lateral. The sub -trunk assessment is more costly as it needs to be lower and deeper. This system would also serve the properties south of Highway 55 in the future. The fl- inch lateral line wouldn't require the additional depth as the sub -trunk line; therefore, it isn't as costly. He stated the watermain also involves two different types of lines, which are a 12 -inch lateral and an 8 -inch lateral. He stated the 8 -inch lateral would service the Lundgren Brothers property; . therefore, they would be assessed the entire cost of this line. The 12 -inch lateral would serve the properties along Highway 55. Mayor Tierney opened the public hearing for testimony. Michael Pflaum, representing Lundgren Brothers Construction, stated they initially pursued this project. He stated they began developing the Plum Tree development in 1996 and never completed it because of the desire to maintain access to the property to the west. The proposed plan is to expand that development to the Lutheran Church Memorial Synod (LCMS) property and annex it into the Plum Tree development. He stated the LCMS property has very unique features, and they desired to develop it sooner, but there was no feasible way to do it. As a consequence, there has been no development, and there would be some homes that have never been constructed in Plum Tree that would become part of this second development. He stated the LCMS property was acquired in 1994, and they have been waiting for enough critical mass of development to extend the sewer and water services. He urged the Council for their support of this project. Jim Yarosh, attorney representing the Fine Family, stated his client would like sewer and water extended to their property in the future, but at a fair and reasonable cost. He noted that there are some inequities in the proposed assessment roll. The Fine's proposed assessment of $23,424 per acre for four acres would exceed the benefit to the property. It would also double for developable property. There is only 2.5 acres that are developable for the Fine property. In contrast, the Lundgren Brothers' assessment would be $14,000 per acre for their 12 acres. He stated a 12 -inch watermain to service the Fine property is not a necessity. He noted that there are development restrictions to the development of the Fine property, therefore, a 12 -inch watermain is not justified. He indicated that according to the proposed assessment roll, the Osier Addition would be avoiding any assessments. Lastly, regarding the cost of the sub -trunk sewer line, the sanitary sewer would only need to go in so far and go 15 feet deep. He believes that the City, with their proposed lift station, is "driving" the size of the service and how deep the sub -trunk line would be placed. He requested that the Council table this item in order that staff could further review the appropriateness of the assessments. Adopted Council Minutes Regular Meeting of January 8, 2002 Pagel of 19 Steve Johnston, from Landform representing SVK Inc., stated they have prepared a few different plans for the development of their property. It was never discussed that their property didn't have the sanitary sewer capacity for development. Therefore, he requested further clarification on the proposed assessment before the improvement is ordered. There being no one else wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Public Works Director Faulkner stated they have discussed. some of the issues that Mr. Yarosh mentioned this evening. He stated staff believes what they have assembled for the proposed assessments is fair and reasonable. However, staff would be willing to further review the concerns mentioned this evening. Mayor Tierney asked when the Osier Addition would be assessed. Public Works Director Faulkner replied they would pay a connection charge when they would connect to the utility systems. This cost would cover the cost of the assessment. Motion was made by Councilmember Black, and seconded by Councilmember Stein, to table action on this item until February 12. - Councilmember Johnson stated with regard to the Osier parcels that are proposed to not be assessed, she would like rationale on how the properties to the north and west wouldn't be treated in the same manner. Councilmember Black noted that she wouldn't in attendance for the February 12 meeting. There being no further discussion and with all members voting in favor, the motion carried. General Business 8.1) Approval of Rezoning from FRD to RSF-4 and Preliminary Plat for a 32 -Unit Twinhome Development ("Hidden Terrace Townhomes", SVK Development, Inc., 2001107) Community Development Director Hurlburt reported on the request of SVK Development, Inc. to rezone a 10 -acre site located approximately 600 feet east of Fernbrook Lane on 46th Place North from FRD to RSF-4. She stated in the northeast portion of the site, there is a 1.76 -acre wetland, and the applicant would not be filling any portion of the wetland. Approximately 50% of the upland area of the site is covered with trees, many of which are defined as significant trees under the ordinance. She stated the southern part in the open upland area is where the majority of the development would occur. There would be 16 structures containing 32 twinhome units. Adopted Council Minutes Regular Meeting of January 8, 2002 Page 8 of 19 She stated access to the development would be via 46th Place. The road would follow south to the more upland portion of the site and then cul-de-sac with a rain garden. There would be a trail off of the cul-de-sac to the neighborhood park. She mentioned that there had previously been a plan for this property, that the Planning Commission reviewed. That plan consisted of 18 buildings with 36 units. Removal of the two buildings resulted in a plan that requires less grading and fewer retaining walls, preserves more of the existing landform and trees on the site, and provides a natural transition between the Hilltop of Plymouth subdivision and the proposed development on this site. She stated the Planning Commission and staff reviewed the proposed rezoning of this development site from FRD to RSF-4 for consistency with the applicable standards outlined in the Comprehensive Plan and Zoning Ordinance and have determined that the requested rezoning is consistent with the standards. The Planning Commission and staff support the rezoning based upon the following findings: 1. The proposed zoning classification is consistent with the Comprehensive Plan. 2. The applicable RSF-4 district standards would be met. 3. The proposed zoning classification allows a development that complies with the City's density goals and life -cycle housing goals specified in the Housing Chapter of the Comprehensive Plan. 4. There would be adequate infrastructure available to support RSF-4 zoning and the development proposed for this site. She illustrated the proposed Preliminary Plat for this site. She reiterated that access to this site would be gained by extending 46th Place North from the Hilltop of Plymouth plat into this site. Under the plan, 46th Place would turn southerly along the western boundary of the plan and tie into a new segment of 45th Avenue north. The proposed 45th Avenue would run east/west and would include a stub street to the Orchids Limited site on its western end, and a cul-de-sac with an island on its eastern end. The City would require the developer to provide street access and utilities to the west lot line, in order to accommodate any future residential development of the Orchids Limited site. She stated there was a question on the tree inventory on the site, and City crews reviewed the study and verified it was correct. She also noted that there needs to be a significant amount of grading to get to the grade of the street. There has been question whether there should be additional environmental review. She stated because of the size of this project, it's exempt from the State's environmental review process. Adopted Council Minutes Regular Meeting of January 8, 2002 Page 9 of 19 She mentioned the wildlife concerns as well as the skink, which is a reptile. She stated she contacted the Department of Natural Resources, and this reptile is not classified as rare or protected species. She stated comments have been received of the density and housing type, and that the proposed twinhomes represent a higher density level than the Hilltop of Plymouth development. She explained the two density levels are very similar. This project has common walls for the units versus the detached units in Hilltop of Plymouth. In addition, comments were received relating to the access to this development being from a street where there are single-family homes. She stated this is not unusual, and she spoke of other similar developments i.e. Plymouth Oaks, Carlson Center, Bass Lake Estates, and West Branch who have the same type of access. She stated concerns were expressed regarding construction traffic and residential traffic. She stated currently, there is a fair amount of construction traffic on 46th Place, and there would be a fair amount of traffic during construction of the development. She stressed that fill would be hauled in to increase the grade of the area. After construction, staff anticipates there would be on average, 10 daily trips per home. She stressed that there would be no cut through traffic; the only traffic would be from this development and Hilltop of Plymouth development. She stated regarding the noise and visual impacts of this development, this development would remove a buffer for the Hilltop of Plymouth development from I-494. However, the Hilltop of Plymouth development is over one-quarter mile away from the traveled portion of I-494, and structures are a better barrier to noise than trees. She illustrated the appearance of the proposed structures, which would be very similar to those in the Hilltop of Plymouth development. Mayor Tierney asked about access to the neighborhood park. Community Development Director Hurlburt stated access would be via a trail through the development to the park. She noted that there would also be a handicap access to the playground. Councilmember Johnson questioned the road alignment to 46th Place as the road appears.to be placed closer to Hilltop of Plymouth than the previous plan. Community Development Director Hurlburt stated that was to limit the grading and avoid placing the units further into the wooded area. Councilmember Johnson noted the amount of fill that would be brought in order to get the development to street grade. She stated that she is having difficulty with the challenges facing this site. J Adopted Council Minutes Regular Meeting of January 8, 2002 Page 10 of 19 Community Development Director Hurlburt stated if this property was guided to a lower density, there would be similar problems. Single-family homes would have larger layouts as well as the area between the homes. This type of development wouldn't have been compatible with site. Councilmember Slavik stated there isn't a big increase in the density between Hilltop of Plymouth and this development. Community Development Director Hurlburt replied that is correct, and there aren't wetlands and a common area in Hilltop of Plymouth. Councilmember Stein asked if there is any possibility that the private drive through the Orchid property could be used for the construction traffic. Community Development Director Hurlburt replied she is not sure if the property owner would allow this. Steve Johnston, from Landform, representing SVK Development, Inc. mentioned their willingness to work with the neighbors on landscaping and planting buffers. He stated one of the reasons why it is necessary to haul in a lot fill is so they can make the transition between their property and the adjacent property. If they were able to lower the grade in the western part of their property, they would all but eliminate the need to haul in the fill. They would be willing to revise the grade plan if the adjacent property owner approved of it. He spoke of the revised landscape plan that would include more density on the western part of the property. They would prefer this option if they could obtain the right of trespass. He stated with conditions 8 and 9 of the Resolution approving the Preliminary Plat, before they would be issued any Building Permit, they would be required to install the required permanent wetland buffer monumentation and fences on the top of any retaining wall that would exceed four feet in height. He stated they would prefer to begin construction of a model as soon as possible, before all the grading is completed. He stated with item F of the City Engineer's memo, it indicates that retaining walls couldn't be constructed within the City drainage and utility easements. He stated this would create some very difficult issues for them. He stated with item M of the City Engineer's memo, the Fire Department would require a 45 - foot inside turning radius within the turn around. He stated the cul-de-sac has approximately a 50 -foot radius that is according to the City's requirements. If they would need to increase the inside radius, the rain garden would be eliminated. He suggested that staff "soften" the language that they would need to demonstrate that a fire truck could turn around in the cul-de-sac. Lastly, he stated item S of the City Engineer's memo states that retaining walls shall be constructed prior to home building activity. He requested this language be amended to state that the retaining walls be installed prior to certificate of occupancy. Adopted Council Minutes Regular Meeting of .January 8, 2002 Page 11 of 19 Councilmember Slavik asked if the revised landscaping plan addresses headlights and/or berm for Jerry Fischer's property. Mr. Johnston stated that they would lower the grade of the road. However, they are unsure if they would, be able to obtain the necessary easements. They have not prepared a final grading plan. Community Development Director Hurlburt stated that staff could work with the developer on the turning radius for fire trucks. Councilmember Black asked how it would affect the development if the first two units were removed. Mr. Johnston replied he is unsure. He stated the developer has tried to save as many of the trees as possible with this plan compared to the original plan, and he noted that the density range is within the range with adjacent neighborhoods. Councilmember Black stated this property is adjacent to the Environmental Park, and the trees and wetlands in this area are important due to the close location to the park. She feels if two units were deleted, it would still provide reasonable use of the property while preserving more of the natural characteristics of the site. Mr. Johnston stated they would be planting trees amongst the older trees in the wood area to make it more of a true forest. Kermit Nash, 14145 46th Place North, representing Hilltop of Plymouth Homeowners Association, stated the placement of trees is a concern to them. He noted the large amount of fill that would need to be hauled into this property as well as the daily trips into this property after it is developed. They feel there would be an environmental impact. They realize that some of the issues don't need to be addressed due to the size of the property. However, it is within the City's authority to require additional work within these areas. He believes the State's Environmental Quality Board also has jurisdiction to review those items. He stated they have' presented a petition to the City containing 25 signatures. They are concerned about the impact to the wetland, the access to this property (through a single-family neighborhood), and the impact to the skinks. Mayor Tierney stated there would be two accesses to this property when it's developed. She stated there is no transition issue as one travels between similar uses/developments. Jerry Fischer, 4630 Fernbrook Lane North, stated there tends to be environmental problems when the topography of the land is changed from its original state. He asked how the runoff from this development would be addressed, as the ponds aren't large enough to hold quick runoffs. He stated the majority of the ponds silt up during the construction. He stated the skinks exist, and they come into his greenhouse every spring. He indicated that he opposes this Adopted Council Minutes Regular Meeting of .January 8, 2002 Page 12 of 19 project, but perhaps there could be modifications to make it more workable. He stated the developer could donate a section of his property to him if necessary. Councilmember Stein asked Mr. Fischer if he would be willing to allow the developer access to plant those additional trees along his property line. Mr. Fischer stated that he would need to seriously consider it. John Medek, 14100 46th Place North, stated that the tree survey is inaccurate. He illustrated the wooded area of the property and explained that smaller trees are counted together as one tree. However, he supports Mr. Johnson's revised landscaping plan for additional trees along the western property line. Therese Stoulil, 6557 Tanager Lane, Eden Prairie, stated she is currently constructing a home in Hilltop of Plymouth. She stated there are too many unanswered questions with the proposed development; therefore, she suggested approval of this development be delayed to a later date. Steve Gardner, 10717 10th Avenue North, stated he is concerned on the number of trees that would be removed, the scraping off of the top soil, and the amount of dirt being hauled into the site which probably isn't even black dirt. He asked where would all the runoff of this property go. He spoke of the Conor Meadows and Wyndemere Farms developments that are experiencing a lot of flooding problems. He also stated that this development wouldn't contain any affordable housing units. Mayor Tierney stated that the City could delay development of this property, but the City doesn't own the property. She asked if there is any special type of dirt that could be hauled in that would absorb moisture. Community Development Director Hurlburt stated the natural soil in the City is clay, and staff has discussed the dirt concern with the developer. She acknowledged that the tree inventory doesn't inventory every tree on the property. It only inventories those trees that meet the definition of a significant tree. Public Works Director Faulkner stated if there is siltation in the pond during construction, the developer would need to clean the pond before any financial guarantee would be released by the City. Councilmember Black stated the Environmental Quality Committee has been discussing the tree ordinance as well as a potential soil ordinance. These topics would be on committee's 2002 Work Plan. Adopted Council Minutes Regular Meeting of January 8, 2002 Page 13 of 19 Mayor Tierney stated it's the Council's objective to work with property owners to allow them to develop their properties taking into consideration concerns and requirements of the City. Councilmember Slavik stated the City can't require the developer to provide affordable housing, but this development would allow life cycle housing, which is also needed in the City. She asked if there could be an Environmental Assessment Worksheet (EAW) prepared for this site when there has been a petition presented. Community Development Director Hurlburt replied the State's Environmental Quality Board specifically prohibits review of a development of this size. City Attorney Knutson added there are no requirements for an EAW for species of a special concern. Motion was made by Mayor Tierney, and seconded by Councilmember Harstad, to adopt an Ordinance Amending Chapter 21 of the City Code to Classify Certain Land located Roughly A,__ -- ---------- - Fact for Rezoning of Property located Roughly 600 Feet East of Fern Councilmember Harstad stated there are very few buildable lots remaining in the City, and every site needs to be compromised to some extent. He is heartened to see that the developer has made a concerted effort to preserve trees, receive input from the neighborhood, and present a revised plan. He supports this development. He noted that there are lower densities, and there would be fine tuning" of the Preliminary Plat as it goes through the process. Councilmember Hewitt stated that she doesn't support this project, as there isn't a good transition from the surrounding area, and the utilization of 46th Place through Hilltop of Plymouth to access this area. Councilmember Johnson stated her concerns are with the Preliminary Plat. She acknowledged that the developer and the property owner do have property rights, and this is a very difficult site to develop. She noted that the density also fits within the guiding. However, she would not support rezoning the property until there is a Preliminary Plat that would be appropriate for this guiding. Some of her other concerns are the road alignment with 46th Place (alignment on how it abuts on Hilltop and Orchid Lane), and the turn around area for fire trucks. Her big concerns are with the road alignment as it comes out of 46th Place. Councilmember Stein stated that he would support the motion to develop this property. He stated when Hilltop of Plymouth was proposed, the Savannah development was opposed to that development. He also stated when the Environmental Park was proposed, no one wanted it in their "backyard." He believes the Preliminary Plat could be reworked which could possibly eliminate quite a bit of the fill if the neighbors work with the property owner. Adopted Council Minutes Regular Meeting of January 8, 2002 Page 14 of 19 Councilmember Black stated that she wouldn't support the rezoning of this property. Her concerns are related to the Preliminary Plat, and she feels there are too many units trying to be fitted on one piece of property. She stated this is a very sensitive area as well as its close proximity to the Environmental Park. She also indicated that she wouldn't support the Preliminary Plat, as it needs to be reworked. Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to direct staff to prepare a Resolution outlining Findings of Fact that would be consistent with denial for the January 22 meeting. With all members voting in favor, the motion carried. The Council then voted on the main motion, which was the substitute motion just approved. With all members voting in favor but Harstad, the motion carried. The Council took a 10 -minute recess. 8.2) Approval of Variance for Impervious Surface Coverage (Nurez and Yasmin Jahoni, 1231553 rd Avenue North, 2001125) Nurez Jahoni, 12315 53`d Avenue North, stated their desire to withdraw their application and redesign their addition taking into consideration their neighbor's concerns. Community Development Director Hurlburt stated the impervious surface Variance would be needed for any type of addition. Therefore, the Council could approve the impervious surface Variance, and staff could administratively approve future addition based on the design of the addition. Motion was made by Councilmember Stein, and seconded by Councilmember Johnson, to adopt Resolution Approving an Impervious Surface Variance. Motion was made by Councilmember Harstad, and seconded by Mayor Tierney, to amend the main motion to approve a Variance for up to 30% of the impervious area. With all members voting in favor but Black, and Johnson, the motion carried. Rick Markham, 12305 53rd Avenue North, stated he opposes an impervious surface Variance up to 30%. He also requested that the Council state any addition couldn't be larger than 15'x15'. Community Development Director Hurlburt stated the current setback of the applicant's home . from the property line is 12.2 feet. If that distance is not exceeded, staff could not deny a Building Permit. Adopted Council Minutes Regular Meeting of January 8, 2002 Page 15 of 19 City Attorney Knutson reminded the Council of the applicant's desire to withdraw the application. He suggested the Council rejects the current motion and then votes on the withdrawal. There being no further discussion, the Council voted on the amended main motion. With all members voting against the motion but Johnson and Harstad, the motion failed. Motion was made by Councilmember Hewitt, and seconded by Councilmember Johnson, to waive the application fees associated with setback and impervious surface Variances for the applicant for the next two years. With all members voting in favor, the motion carried. 8.3) Set Hearing on Request for Tax Increment Financing for Stone Creek Village Highway 55 and West Medicine Lake Drive, Dominium Development) Housing Manager Barnes reported on the request of Dominium Development for approximately 1,159,000 (present value) and $1,904,243 (principal and interest) in tax increment financing TIF) assistance. He stated at the August 28, 2001 Council meeting, the Council reviewed this new mixed -income apartment development on a site located in the northeast quadrant of Highway 55 and West Medicine Lake Drive. At that meeting, the Council accepted a Metropolitan Livable Communities Act grant in the amount of $200,000 from the Metropolitan Council. He stated since that meeting, the developer has determined that the construction costs were about 15% higher than originally anticipated. Therefore, they have revised the plans to compensate for the higher construction costs. The main revision involves reducing the square footage of some of the larger units. that would result in an increase of the total units. He explained the developer originally had presented a development that would consist of 116 units, 27 of which would be affordable to households earning at or below 50% of the area median income. The new plan consists of 130 units, of which 34 would be available to households at the above affordable limit. This represents an increase of 14 total units, half of which would be affordable. He stated in the Comprehensive Plan establishes priorities and goals for the City to attain in the development of housing that produces affordable units. The City's goal is 35% of all new rental units would be made available to households at or below 50% of the area median income. He stated this developer has increased the affordable units in this project to 26% of the total units. Various strategies were reviewed to meet the City's goal; however, due to financial limitations and the developer's experience in managing mixed income properties, they felt that having a higher number of affordable units could be a detriment to this project. He added that the Housing and Redevelopment Authority would also be providing eight project based Section 8 vouchers to the project as part of the 34 affordable units. He then mentioned the 15 different funding sources that would utilized to include the affordable housing units. Adopted Council Minutes Regular Meeting of January 8, 2002 Page 16 of 19 He indicated that the cost of developing this project is somewhat higher than a typical development due to the site containing poor soils, there is less buildable land because of the odd shape of the wetland delineation and the regulatory requirements that provide a protection buffer, and the redesigned frontage road near the intersection of Highway 55 and West Medicine Lake Drive. The developer has included a preliminary cost of $1,365,000 for this additional work. He stated the tax increment financing district for this project would be a housing district. The developer is requesting the funds be in the form of a pay-as-you-go note, which means the developer would secure a second mortgage for the amount and would make payments on the mortgage with the revenues generated by the TIF district. Staff is anticipating a 14 -year term. at 7.75 percent interest, utilizing 95% of the increment during that period to assist in the development of this project. He stated with this type of arrangement, the financial impact on the City is greatly reduced. The developer would be paid twice a year from the income generated through the district. In the event there is not sufficient income to pay the developer, the City would not be obligated to extend the district. In addition, the developer has indicated a willingness to sign a minimum assessment agreement, which would provide a minimum estimated market value for the property ensuring the pay-as-you-go note would be paid off at a certain point, much earlier than the possible maximum duration of the TIF district. Councilmember Johnson asked if staff has reviewed the soil borings. Housing Supervisor Barnes replied yes. He added there would be no change to the actual building footprint. Motion was made by Councilmember Hewitt, and seconded by Councilmember Stein, to adopt a Resolution Authorizing the Preparation of Tax Increment Financing Plan and Calling of a Public Hearing on Said Plan (Res2002-023). Councilmember Black stated that she would support the motion establishing the date of hearing; however, she has concerns with the project itself. There being no further discussion and with all members voting in favor, the motion carried. 8.4) Ordinance Amending the Draft Park Dedication Requirements Section of the Subdivision Ordinance (2001004) Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to adopt an Ordinance Amending Chapter 5 of the Plymouth City Code to Adopt Definitions and Requirements for Dedication of Lane for Parks and Open Space (Ord2002-01) and a Resolution Repealing Resolution 2001-043 Setting Park Dedication Fees and Resolution 2001-044 Setting Guidelines for Park Dedication Adopted Pursuant to Section 500.25 of Chapter V of the City Code 2001004 — Res2002-024). Adopted Council Minutes Regular Meeting of January 8, 2002 Page 17 of 19 There was a considerable amount of discussion held on the proposed park dedication fee for new schools, based on the number of students projected to come from outside the City. Community Development Director Hurlburt stated there could be the argument that residents have already paid for their share of the park system through residential and/or CI park dedication. However, schools serve people who do not live in the City. The demands on the park system are high, but many of the students could come from outside of the community. City Manager Johnson also spoke of the park dedication funds that have been used for school playfields, and a more recently, the Greenwood facility. City Attorney Knutson stated that park dedication funds could only be used for facilities, not programming services. Community Development Director Hurlburt suggested that if the Council supports the proposed Ordinance and Resolution, the Council consider adoption of a Resolution setting the park dedication cash -in -lieu -of -land fee for Regent at Plymouth. She explained the proposed ordinance amendment if approved, includes a provision allowing the Council to negotiate park dedication fees based on the anticipated impact of the particular subdivision. This Resolution would set the fee at $192,000. Councilmember Slavik asked how this development would have a burden on the park system. Community Development Director Hurlburt replied the residents of the assisted living units would utilize the park system as well as the senior citizen activities at the Plymouth Creek Center. A friendly amendment to the main motion was offered and accepted to adopt a Resolution Setting Park Dedication Cash -in -lieu of Land Fee for "Regent at Plymouth," the Plymouth Continuing Care Community in the Plymouth Marketplace PUD, located at the Northwest Quadrant of Vicksburg Lane and Highway 55 (2001024 — Res2002-025). There being no further discussion and with all members voting in favor of the amended motion, the motion carried. 8.5) Approval of Capital Improvements Program (CIP) Element of the City's Comprehensive Plan (2001108) Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to adopt a Resolution Approving 2001-2006 Capital Improvement Program (Res2002-026). Councilmember Slavik requested to delete the spray park at a cost of $100,000 in the year 2005. She noted that the Council voted on this item at their Study Session and the vote was 3-3, with Adopted Council Minutes Regular Meeting of January 8, 2002 Page 18 of 19 one Councilmember absent. She stated there is a possibility in the future that the Council may conduct a referendum for open space acquisition or a 10th play field. Therefore, this $100,000 expenditure could be questioned. Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to amend the motion to delete the spray park expenditure in 2005. Mayor Tierney she wouldn't support the amendment as there is time to analyze this project, and she sees no harm in leaving it in the plan for now. There are no funds committed or spent on this project. Councilmember Slavik stated that LifeTime Fitness might be adding this type of park, and there may be a reduced user fee for residents in need of financial assistance. Councilmember Johnson stated that she would support the motion, as she couldn't justify leaving this project in the program. There being no further discussion, the Council voted on the amendment. With Stein, Harstad, Hewitt, and Tierney voting no, and Slavik, Johnson, and Black voting yes, the motion failed. The Council voted on the main motion and with all members voting in favor, the motion carried. 8.6) Establish Legislative Priorities for 2002 Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to adopt a Resolution Adopting Priority Issues for the 2002 Legislative Session (Res2002-027). With all members voting in favor, the motion carried. Reports and Recommendations 9.1) Housing Committee Meeting on January 9 and County Road 101 Homes purchased by the City Mayor Tierney noted the Housing Committee meeting on January 9 at 1:30 p.m. The purpose of the meeting is to discuss options for the disposal of the homes purchased by the City on County Road 101. Mayor Tierney and Councilmember Hewitt stated they would be attending this meeting. Adopted Council Minutes Regular Meeting of January 8, 2002 Page 19 of 19 Councilmember Hewitt suggested that the Council conduct a Study Session in the near future to discuss the Housing Committee's report on the options for the disposal of the homes on County Road 101. There were three Councilmembers who supported a study session on this topic. 9.2) Legislative Meeting on January 14 Mayor Tierney, and Councilmembers Stein and Hewitt stated that they would attend the Legislative Meeting on January 14, 7:30 a.m., at the Radisson. Adjournment Motion was made by Councilmember Stein, and seconded by Councilmember Johnson, adiourn the meeting at 11:15 p.m. With all members vot' g in favor, the ion carried. andra R. Paulson, City Clerk