Loading...
HomeMy WebLinkAboutCity Council Minutes 10-23-2001Adopted Minutes Regular Council Meeting October 23, 2001 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 the City Center, 3400 Plymouth Boulevard, on October 23, 2001. COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Black, Harstad, Johnson, Slavik, and Stein. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Lieutenant Franz, Fire Chief Kline, Finance Director Hahn, Community Development Director Hurlburt, Assistant City Engineer Hagen, City Engineer Quanbeck, Park and Recreation Director Blank, Acting Transit Administrator Bentley, Public Works Director Faulkner, City Attorney Knutson, and City Clerk Paulson. Cub Scout Pack 567 assisted with the Pledge of Allegiance. Plymouth Forum Anne Dorweiler, 17035 91h Avenue North, stated she is a member of the Plymouth Housing Task Force. She stated regarding the apartment units in the Rottlund development, the developer was unable to provide affordable housing units. She stated that since the City's Comprehensive Plan encourages affordable housing to the extent by law, she requested a legal opinion of this statement so the City could enforce the Comprehensive Plan. Mayor Tierney stated that the City Attorney would provide a written response. Bob Gustafson, President of Twin West Chamber of Commerce, discussed correspondence that was sent by the Minnesota Coalition of Businesses that referred to double-digit tax cuts for all properties and local school referendums. He stated the Twin West Chamber of Commerce agrees with the majority of the letter but wished to communicate its views to the cities and school districts they serve. He noted that this letter would also appear in the Sun Sailor. Presentations and Public Information Announcements 4.1) Oath of Office to Four Firefighters City Clerk Paulson administered the oath of office to firefighters Margaret Heying, Kurt Von Rueden, Sean Randall, and Dan Foley. Adopted City Council Minutes Regular Meeting of October 23, 2001 Page 2 of 18 4.2) Robbinsdale School District November 6 Referendum Stan Mack, Superintendent of the Robbinsdale School District, discussed with the Council their proposed referendum. Their referendum, if not passed, would create larger secondary schools and eliminate certain school activities and programs. He stressed that even with passage of this referendum, the school portion of the taxes would be lower than taxes payable in 2001. Chris Gibbs, who serves on a citizen task force, stated they have developed a scheme of citizen driven efforts for the publicity and passage of this referendum. He thanked the Council for their time. 4.3) Hopkins School District November 6 Referendum David Shapley, Director of Business Services for the Hopkins School District, discussed with the Council their proposed referendiun. He spoke of the excess operating levy increase and down payment levy referendum that would be voted on November 6 and a capital bond referendum on December 18. He answered the Council's questions. Approval of Agenda Councilmember Hewitt requested an update on County Road 101 as item No. 9.4 under Reports and Recommendations. City Manager Johnson requested to remove item No. 7.1.6 from the agenda as the property owner has paid the assessment. Motion was made by Councilmember Slavik, and seconded by Councilmember Black, 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. City Manager Johnson reported on the results and recommendation for award of bid for item No. 6.14. He explained that the bid was $35,000 more than what was budgeted; however, the Metropolitan Council has indicated the desire to increase their grant amount. If this doesn't occur, there would be ample funds in the City's reserves to construct the facilities. Adopted City Council Minutes Regular Meeting of October 23, 2001 Page 3 of 18 Councilmember Black requested to remove item No. 6.03 and place it under General Business as item No. 8.4. Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to approve the amended Consent Agenda which included the following items: 6.01) Regular Council Meeting minutes of October 9. 6.02) Resolution Approving Disbursements for the Period ending October 12, 2001 (Res2001- 444). 6.03) (This item was removed and placed under General Business as item No. 8.4). 6.04) Resolution Approving a Site Plan Amendment for the Site Lighting Improvements at Cub Foods at 3550 Vicksburg Lane (2001106 — Res2001-445). 6.05) Resolution Approving a Conditional Use Permit Amendment to Allow the Expansion of a Preschool located in Beautiful Savior Lutheran Church at 5005 Northwest Boulevard (2001110 — Res2001-446). 6.06) Resolution Rescinding Resolution 84-157 and Adopting an Industrial Development Revenue Bond Financing Policy (Res2001-447). 6.07) Resolution Approving Final Plat and Development Contract for Janco, Inc. for Wellswood Court" for Property located south of Gleason Lake Drive between Niagara and Quantico Lanes (2001076-F - Res2001-448). 6.08) Resolution Approving Bid for West Medicine Lake Park Restrooms (Res2001-449). 6.09) Resolution Approving an "All -Way" Stop at the Intersection of 45ffi Avenue and Jewel Lane (Res2001-450). 6.10) Resolution Authorizing an Increase in Lump Sum Pension Benefit for the Plymouth Fire Relief Association (Res2001-451). 6.11) Resolution Approving Plymouth Firefighters Relief Association By -Laws (Res2001-452). 6.12) Resolution Approving a Fire Lane Variance for Step by Step Montessori located north of Rockford Road on the State Highway 169 Frontage Road (2001087 — Res2001-453). Adopted City Council Minutes Regular Meeting of October 23, 2001 Page 4 of 18 6.13.1) Resolution Reducing Required Financial Guarantee for Evergreen Knoll Addition 96041—Res2001-454). 6.13.2) Resolution Reducing Required Financial Guarantee for The Reserve (20092 — Res2001- 455). 6.13.3) Resolution Reducing Required Financial Guarantee for Seven Greens (2001031 — Res2001-456). 6.14) Resolution Awarding the Bid for the Construction of the Reserve Transit Station and Remote Shelters (1032 — Res2001-457). 6.15) Resolution Approving Metropolitan Council Grant Agreement No. SG -01-080 for Regional Funding to Purchase Additional Transit Vehicles (Res2001-458). 6.16.) Resolution Adopting Assessments for NURP Pond Construction at Lot 3, Block 1, Plymouth Hills 6"' Addition (7011 — Res2001-459). 6.17) Resolution Authorizing "No Parking" Restrictions on West Side of Ranchview Lane between the Two Birchview Elementary School Driveways from 8:30 a.m. to 4:30 p.m. Weekdays (Res2001-460). 6.18) Resolution Receiving Report and Calling for Hearing on Improvements to Old Rockford Road/State Highway 55 Area Sanitary Sewer and Watermain Improvements (1033 — Res2001- 461). 6.19) Resolution Accepting Donations for Plymouth on Parade (Res2001-462). 6.20) Resolution Identifying Project Representative and Authorizing a Project Implementation Financial Assistance Application for Clean Water Partnership Section 319 (Res2001-463). 6.21) Resolution Calling for a Public Hearing to Amend Tax Increment Financing Plans for Tax Increment Financing District No's. 7-4 and 7-5A (Res20017464). 6.22) Resolution Calling for a Public Hearing to Amend Tax Increment Financing Plan for Tax Increment Financing District No. 7-6 (Res2001-465). Councilmember Black stated regarding item No. 6.16, the City would be receiving funds for the regional pond. She asked what account would those funds be allocated to. Public Works Director Faulkner replied those funds would be reimbursed to the fund that was utilized to construct that pond. Adopted City Council Minutes Regular Meeting of October 23, 2001 Page 5 of 18 Councilmember Black stated when the City discussed the storm water utility fee, many residents had questioned why the City wasn't seeking funds from other agencies. She noted that in item No. 6.20, the City is seeking funds from the Metropolitan Council in a form of a grant to implement elements of the Medicine Lake Watershed Implementation and Management Plan. Councilmember Harstad stated regarding item No. 6.14, he requested staff to include this development in the Metropolitan Council's "sprawl tour." Councilmember Johnson thanked staff for the proposed all -way stop at 45`h and Jewel Lane (item No. 6.09). She also expressed her gratitude to Beautiful Savior Lutheran Church for their application to expand their preschool (item No. 6.05). Motion carried to approve the Consent Agenda Public Hearings 7.1.1) 2001 Reconstruction of the Mapledell/Maplecreek Area (1001) Public Works Director Faulkner illustrated the improvement area. He stated this project involved street reconstruction with concrete curb and gutter and repair as well as storm sewer repair. He stated the final cost was $1,986,785.11. He stated of the final cost, the City would be paying $1,666,040.13 with the remaining amount being assessed to the benefiting property owners. Mayor Tierney opened the public hearing for testimony. William Tapper Jr., 16510 29°i Avenue North, asked how the City could conduct this assessment hearing when the project isn't even completed --especially the landscaping portion. He stated his second concern is that he understood that the City imposed a penalty to the contractor for completing the project late. He asked if the penalty amount is calculated into the total amount of the contract. Public Works Director Faulkner stated the project is substantially completed with the landscaping portion to be completed this week. However, staff recommends assessing the project now rather than waiting for another full year. He stated the City has not fully paid the contractor. Once the sod is laid, there needs to be 30 consecutive growing days. Therefore, the City would be waiting until next spring to pay off the contractor if the sod meets the City's requirements. Adopted City Council Minutes Regular Meeting of October 23, 2001 Page 6 of 18 City Manager Johnson added that the City must submit assessments to the County each year by November 1. The property owners have 30 days to appeal their assessments to district court if written objection is provided at the assessment hearing. City Engineer Quanbeck explained the contractor has passed the deadline for completion of the project. He noted that their schedule was somewhat delayed due to weather conditions earlier in the year. He stressed that the assessments are not based on what the City pays the contractor. The curb and gutter assessment is based on the contractor's bid price for the curb and gutter while the street reconstruction costs are based on the City's Street Reconstruction Program. He stated the contract includes liquidated damages that are calculated on a per day basis. This penalty would reduce the cost of the project for the City. Councilmember Johnson asked if these savings would be passed onto the property owners for the curb and gutter portion of their assessment. City Engineer Quanbeck replied the curb and gutter costs are a relatively low portion of the contract, and the savings realized are very minimal compared to the overall project cost. Mayor Tierney asked Mr. Tapper if he would like to submit a written objection to his assessment. Mr. Tapper replied no. There being no one else wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adopt a Resolution Adopting Assessments for 2001 Street Reconstruction (1001 — Res2001-466). With all members voting in favor, the motion carried. 7.1.2) Plymouth Boulevard Parking Bays and Overlay Improvement (1002) Public Works Director Faulkner reported on the two elements of this project that included the parking bays and the overlay improvement. He stated regarding the parking bays, the assessment rates are based on spreading the actual construction costs to the benefiting properties adjacent to the parking bays. The assessment rate is an average percent of the total amount of frontage and the total amount of square feet of each property adjacent to where the parking bays were installed. The final assessments for the parking bays are proposed to be $88,578.80. He noted that the final total amount being assessed is greater than the estimated amount because Carlson Companies, who owns property being developed between 36`h Avenue and 35`h Avenue, was to construct the parking bays along Plymouth Boulevard as part of their development. Due to the lack of progress on their own development plans, they requested that the City construct these parking bays and assess them. Adopted City Council Minutes Regular Meeting of October 23, 2001 Page 7 of 18 He stated the properties located adjacent to Plymouth Boulevard between 36th Avenue and County Road 9 benefit from the reconstruction of the street. The total amount of the street reconstruction assessment is $48,362.07. Councilmember Stein stated when this project was initially planned, the concept was to narrow the width of the street in order to make it easier for pedestrians to cross at the intersections. He indicated that it appears right turn lanes were constructed which could contradict this goal. Public Works Director Faulkner stated this project would not be totally completed until staff reviews traffic and pedestrian counts to determine if this is the best design of the roadway. Mayor Tierney opened the public hearing for testimony. Mark Senn, 3455 Plymouth Boulevard, representing Community Bank of Plymouth, stated according to the City's assessment policy and the State law, there needs to be a direct benefit to adjacent properties in order to assess those properties. He stated on their site, they have adequate parking spaces, and he disagrees that this improvement is a direct benefit to his property as it would not enhance the valuation of their property. He also noted that it would be difficult to pass a portion of this assessment to their tenants. He has consulted with two appraisers, and both of them have assured him that the addition of on street parking adjacent to their property would add no value to their property. Therefore, he requested that he not be assessed for the parking bay portion of the project. Councilmember Johnson commented on the Carlson Companies' support of the parking bays as they indicated that this improvement would benefit and enhance their property. Mr. Senn stated that those comments could be justified with Carlson's development due to the number and type of tenants within that development. City Attorney Knutson explained in order to be a valid assessment, the market value of the property must be increased by the amount of the special assessment. It doesn't matter what the current use and/or tenants of the property are. Councilmember Johnson reflected back on the different elements that were contained in the development of the City Center area. The City Center area was intended to be the main element for the downtown area of the City. Within this area, there are different design elements and amenities which contribute to a long range vision and goal of this area. Bev Kottas, 2995 Harbor Lane, stated she and her husband are the founders of the Community Bank of Plymouth. She explained when they submitted their development plans for their Adopted City Council Minutes Regular Meeting of October 23, 2001 Page 8 of 18 property, they were to provide the required parking spaces for their building. She noted that they have the required number of parking spaces. Therefore, there would be no direct benefit of the parking bays to their property. She noted that due to their drive -up facility, they weren't able to construct the building as close to Plymouth Boulevard, which was a requirement. She stated the City has selected 34b Avenue as the start of the on -street parking. She recommended that this area be a transitional area without the parking in front of it. She suggested that there be additional landscaping, a water fountain with a fully lit American flag behind it. This would have a large visual impact for the downtown area. Councilmember Johnson asked what would occur if this property is sold, and there is a different owner. Community Development Director Hurlburt replied that staff believes the on -street parking spaces would be very convenient for the bank's short-term customers. It would also be very difficult to start and stop the on -street parking mid block. Ms. Kottas reiterated that they were required to provide parking on site when they developed their property. She noted at that time, the Council hadn't formally approved the on -street parking. If that would have been the situation, they would have reconfigured their building differently on the property. Mr. Senn submitted a written objection to their proposed assessment for the parking bays. There being no one else wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Councilmember Harstad reminded the Council of his previous position in not assessing for the parking bays if there was the likelihood that they could be removed at a future date if they weren't effective. Therefore, he requested that the Council not assess for the parking bays. Councilmember Black asked if the Council didn't assess for the parking bays, what funds would pay for them. Councilmember Harstad stated he is unsure. City Manager Johnson stated that staff would not have recommended this portion of the project if there were the possibility that they would be removed in the future. Councilmember Black stated that the effectiveness of the parking bays could be reviewed in the long-term future when the street would need to be reconstructed. Councilmember Johnson stated there is an adopted City Center plan, and the parking bay element supports the plan which is to include a downtown feel with slower moving vehicle traffic and pedestrian traffic. She stated there are special features and benefits for those businesses that are located this area. Adopted City Council Minutes Regular Meeting of October 23, 2001 Page 9 of 18 Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adopt a Resolution Adopting Assessments for Plymouth Boulevard Street Reconstruction for Creek Place Condominiums (1002 — Res2001-467) and a Resolution Adopting Assessments for Plymouth Boulevard Parking Bay and Overlay Improvements (1002 — Res2001-468). Motion was made by Councilmember Harstad, and seconded by Councilmember Black, to split theuec stion. With all members voting in favor, the motion carried. The Council voted on the Resolution for Creek Place Condominiums (Res2001-467). With all members voting in favor, the motion carried. The Council voted on the Resolution for the Parking Bays and Overlay Improvements (Res2001- 468). With all members voting in favor but Harstad, the motion carried. 7.1.3) Magnolia Lane Street Reconstruction (1005) Councilmember Harstad stated he would be abstaining from discussing and voting on this item due to a conflict of interest. Public Works Director Faulkner illustrated the project. He stated the final cost of the project is 184,300.24 with the City paying $119,926.24, and the remainder being assessed to benefiting property owners. He presented a revised Resolution to the Council that reflected the seven percent interest rate on the assessment. He noted that the street and watermain was extended to serve one lot at a cost of $11,705.04. Additional sewer and water services were also installed to serve one property not currently served at an amount of $961.40; this parcel is also being assessed for the reconstruction cost of $3,550.54. These two lots would be assessed over a period of 10 years. Councilmember Hewitt asked if this project has been completed. Public Works Director Faulkner replied yes, with the exception of a few minor items including the sod. He noted, as with Project No. 1001, the sod needs to be laid before the ground freezes. Since there needs to be 30 growing days, the sod would be checked in the spring. Mayor Tierney opened the public hearing for testimony. Mayor Tierney reported the City has received a written objection to the assessment from Mark and Constance Helppi, 305 Magnolia Lane North. There being no one wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Adopted City Council Minutes Regular Meeting of October 23, 2001 Page 10 of 18 Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to ado int a Resolution Adopting Assessments for Magnolia Lane Street Reconstruction (1005 — Res2001- 469 and Res2001-470). With all eligible members voting in favor, the motion carried. 7.1.4) City Center Area Street Lighting (9020) Public Works Director Faulkner illustrated the project and stated this project is still underway. He stated the final cost of the project is $327,074.64 with the City cost being $223,179.22, and the remainder being assessed to benefiting property owners. He explained the assessment for Creek Place Condominiums would be assessed for one year at 6.5% interest with the remaining properties being assessed for five years at 6.5%. Mayor Tierney opened the public hearing for testimony. Kevin Bowman, 3320 Niagara Lane, asked if the assessment applies to the Cavanough Addition. Public Works Director Faulkner replied no. There being no one else 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 adoRt a Resolution Adopting Assessments for City Center Area Street Lighting (9020 — Res2001-471) and a Resolution Adopting Assessments for City Center Area Street Lighting for Creek Place Condominiums (9020 — Res2001-472). With all members voting in favor, the motion carried. 7.1.5) Holly Lane Street and Utility Improvement (9024) Public Works Director Faulkner illustrated the project. He stated the final cost of the project is 844,474.50 which would be assessed to the benefiting properties. 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 Black, to adopt a Resolution Adopting Assessments for Holly Lane Street Reconstruction and Plum Tree East 9024 — Res2001-472), a Resolution Adopting Assessments for Holly Lane Sanitary Sewer and Watermain Area (9024 — Res2001-474), and a Resolution Adopting Assessments for Concrete Curb and Gutter and Storm Sewer and Utilities (Res2001-475). With all members voting in favor, the motion carried. Adopted City Council Minutes Regular Meeting of October 23, 2001 Page 11 of 18 7.1.6) Water Service Repair at 10310 29th Avenue (1042) This item was removed from the agenda). The Council took a break from 9:00 a.m.-9:10 p.m. General Business 8.1) Rezoning and Preliminary Plat for 10 Two -Family Units to be located on the 5.16 Acre Parcel at 2220 County Road 101 (MIM Enterprise — 2001017) Community Development Director Hurlburt reported on the request of MIM Enterprise for rezoning and preliminary plat approval for construction of a 10 two-family dwelling development at 2220 County Road 101. She stated that approximately seven years ago, there was an approved single-family home development for this site. However, that development never occurred. She stated there are a number of factors that affect this development which didn't affect the previous proposed development. These items include a tree preservation ordinance, new zoning ordinances, and changes in the City's Comprehensive Plan. In addition, Hennepin County has determined a different access for this property. She noted that at the Planning Commission hearing, there were questions from residents relating to access to the homes, drainage of the site, housing affordability, and tree preservation. She stated that the City does not have the authority to place conditions on affordability housing or the sale prices of homes on a rezoning. She stated staff and the Planning Commission are recommending approval of the rezoning and the Preliminary Plat. Councihnember Slavik asked if the applicant were to remove units 9 and 10 and extend the cul- de-sac further to the north, would that assist in alleviating any impact to the wetland. Public Works Director Faulkner replied there would be minimal impact from those two units on the wetland. Councilmember Harstad asked about the sanitary sewer line that currently exists on the property. Community Development Director Hurlburt stated that the sewer line would be relocated between units six and seven, and this cost would be the responsibility of the developer. Councilmember Johnson requested that the developer provide disclosure materials to potential purchasers that County Road 101 is scheduled to be reconstructed and that the private drive through the development would be maintained by the homeowners association as the road wouldn't meet the required standards to be a public street. Adopted City Council Minutes Regular Meeting of October 23, 2001 Page 12 of 18 Councilmember Stein stated at the Planning Commission meeting, there was a considerable discussion relating to the trees on the north side of the property between the existing development and this proposed development. He asked if the applicant has considered a different grade to save more of these trees. Community Development Director Hurlburt replied the applicant would address this during their presentation. Councilmember Stein asked if the City could collect a housing dedication fee that would be similar to the park dedication fee, but it would be used for affordable housing in the community. Community Development Director Hurlburt replied that is not allowed by State law. Councilmember Stein asked how The Reserve development is able to provide affordable housing, but it is difficult for other developments. Community Development Director Hurlburt replied the affordability for 20% of the townhomes in the Rottlund Development is being accomplished through local and State resources. She noted that the apartment portion of the project wouldn't be receiving any rental subsidies. Marty Campion, Civil Engineer representing MIM Enterprises, illustrated the proposed grading plan relative to the trees on the north property line. He explained they are proposing a retaining wall that would be extended in this area with no grading to the north. Therefore, all the trees located north of the retaining wall would be preserved. They also would retain as many trees as possible within the development. Councilmember Black stated that the retaining wall appears to be very close to some other trees that are within three to five feet of the wall. She asked if the retaining wall could be moved three to five feet if necessary to save those trees. Mr. Campion replied yes. Councilmember Johnson asked if there are walkout units. Mr. Campion replied only units one and two would be walkouts. However, all units would have full basements. The units would be drain tiled and sumped which is a requirement of the City. Councilmember Slavik asked if the sale price of these units has been determined. Mayor Tierney stated the developer is not obligated to answer this question. Michael Stuebner-Holt, 17635 24`h Avenue North, stated he resides immediately north of this site. He requested that a large maple tree that is located within five feet of the proposed development be preserved. He stated this tree provides a visual buffer to this area. Marcos Warner, 915 Main Street Hopkins, West Hennepin Community Builders, stated he supports the recommended rezoning. He indicated that over the past few years, this site had been considered for a mixed income development. However, due to the high cost to develop the lots for that use, it's difficult to capture mixed income housing in the suburban developments. Adopted City Council Minutes Regular Meeting of October 23, 2001 Page 13 of 18 Steve Gardner, 10717 10a' Avenue North, illustrated on the proposed site plan four very large oak trees that would be removed. He requested that the units be shifted in order to save those trees. He stated that he's not opposed to developments, but he would prefer that developments be built around the trees. Councilmember Johnson asked if these four trees are located in the right-of-way for the reconstruction of County Road 101. Community Development Director Hurlburt replied no; however, there would be other trees that would need to be removed for the County Road 101 project. Ed Goldsmith, 3165 Harbor Lane, disagreed with comments made at the Planning Commission relating to the affordable housing issue, and he provided a written rebuttal to the Councilmembers. Mr. Campion addressed Mr. Gardner's request to move the units in order to preserve the four oak trees. He stated based on the size of these trees, they would be unable to grade within a 44 feet diameter of the trees, which would substantially change their plan. However, they would be able to save the maple tree addressed by Mr. Stuebner-Holt. Earl Fisher, who is the property owner and developer of this site, spoke of the high construction costs and the wetland peculiarities of this site. He stated Mr. Goldsmith's rebuttal figures were inaccurate. He commented that the four oak trees in question already have dead limbs, and he's unsure if those trees would live another 100 years. He has been in discussion with Mr. Warner about affordable and life cycle housing. Community Development Director Hurlburt stated that Mr. Warner has discussed with staff various programs that could be utilized for affordable housing. However, without Mr. Warner having control of the property, the HRA couldn't assist him with any applications for affordable housing assistance. Motion was made by Councilmember Stein, and seconded by Councilmember Harstad to adopt an Ordinance Amending Chapter 21 of the City Code to Classify Certain Land located at 2220 County road 101 (2001-17--Ord2001-32), Resolution Approving Findings of Fact for Rezoning of Property located at 2220 County Road 101 (2001017 — Res2001-476)and a Resolution Approving a Preliminary Plat for MIM Enterprises for Paula's Place located at 2220 County Road 101 (2001017 — Res2001-477). Mayor Tierney suggested that the Council conduct a Study Session, as it appears that the Council continues to discuss concerns about affordable housing when new housing developments are proposed. Adopted City Council Minutes Regular Meeting of October 23, 2001 Page 14 of 18 Councilmember Stein agreed with this suggestion. He stated he would like to know what the City could and couldn't do to obtain affordable housing. Councilmember Johnson suggested that when the Council conducts a Study Session on affordable housing, the City invite landowners, developers, affordable housing advocates, board and commission members, builder associations, legislators, County Commissioners, and others who would be interested in affordable housing in the community. Councilmember Black stated she would support this item being a Study Session topic. Motion was made by Councilmember Johnson, and seconded by Councilmember Stein to amend the main motion to add a condition to the Preliminary Plat Resolution whereby the developer would notify prospective buyers with an advanced notice that County Road 101 is scheduled to be improved, and the private driveway within the development would be maintained by the homeowners association as the road wouldn't contain the standards for a public roadway. With all members voting in favor, the motion carried. Motion was made by Councilmember Hewitt, and seconded by Councilmember Slavik, to amend the main motion to add a condition to the Preliminary Plat Resolution that every effort would be made to preserve tree No. 65 on the north side of the property (maple tree). Councilmember Johnson encouraged the developer to try and preserve as many trees as possible that are located close to County Road 101, as they are good buffers. There being no further discussion and with all members voting in favor, the motion carried. Councilmember Slavik thanked the applicant for discussing this development with the adjacent neighbors, and she requested that they continue to work with the neighbors and to preserve as many trees as possible. The Council voted on the amended motion, and with all members voting in favor, the motion carried. 8.2) Approve 2001-2006 Capital Improvements Program (CIP) Element of the City's Comprehensive Plan (2001108) Assistant City Manager Ahrens reported on the proposed 2001-2006 Capital Improvements Program (CIP). She stated the Council conducted a Study Session on August 28, and the following changes were made to the CIP after Council review but before the Planning Commission's public hearing: Adopted City Council Minutes Regular Meeting of October 23, 2001 Page 15 of 18 1. The actual cost of Plymouth Boulevard improvements have been inserted in the CIP, since the bid for the project has been awarded. 2. Improvements to Peony Lane have been moved up to the year 2002 by making several minor adjustments in project timing. 3. The amounts for "Art in the Park" have been reduced. The amount of $20,000 previously appeared in each of the six years of the CIP. Now, an allocation is only included in years 2002 and 2004. She stated that the Planning Commission conducted their public hearing on October 3, and they determined that the CIP is compatible and consistent with the Comprehensive Plan. Therefore, they recommended adoption of the CIP. She noted that the CIP calls for expenditures of $72 million over the six year time period. The plan does not assume that the Council will either increase taxes or impose new fees to accomplish the projects listed. City Manager Johnson stated that staff made an effort to determine the project costs for all projects contained in the CIP as well as trying to keep some of the projects that have been in the CIP for a few years. He noted a few projects were deleted from the CIP due to costs. He stated that the improvement of Vicksburg Lane from Old Rockford Road to the north was not included in the CIP as it didn't appear to be feasible at a cost of $5 million. Councilmember Harstad stated that shared water facilities with the City of Maple Grove and construction of a fourth fire station could be major expenditures for the next five years. Therefore, be felt that it wasn't prudent to approve the CIP this evening. Motion was made by Councilmember Harstad, and seconded by Mayor Tierney, to table approval of the CIP until the November 13 meeting in order that the Council could meet with the City of Maple Grove on October 29 and continue to review all the materials provided on that item. Councilmember Black stated the projects that Councilmember Harstad are referring to are major improvements and would need to be reviewed after the CIP is approved. She stated there are some other major projects that aren't included in the CIP, i.e. reconstruction of Vicksburg Lane and County Road 47. She stated Peony Lane is included in the CIP, but that roadway doesn't receive as much traffic as Vicksburg Lane. Mayor Tierney stated the reconstruction of Peony Lane was to smooth it down, and she noted that it would cost less to reconstruct Peony Lane than Vicksburg Lane. Councilmember Johnson suggested that the Council conduct another Study Session on the CIP rather than tabling the approval to the November 13 meeting. Adopted City Council Minutes Regular Meeting of October 23, 2001 Page 16 of 18 Councilmember Stein stated he would support conducting another Study Session. A friendly amendment was made to the motion to conduct a Study Session on November 20 at 7:00 p.m. There being no further discussion and with all members voting in favor, the motion carried. 8.3) Approve Acquisition of Property for Northwest Greenway Park and Recreation Director Blank reported on the proposed purchase agreement for 10 acres of property in the Northwest Greenway area with Neil and Lisa Gustafson, 5185 Holly Lane, for 205,000. He noted that this key parcel is crucial for the development of the Northwest Greenway area. Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to adopt a Resolution Approving Acquisition of Property for Open Space (Res2001-478). With all members voting in favor, the motion carried. 8.4) Ordinance Amending Chapter 20 of the Plymouth City Code Concerning Construction, Maintenance, and Repair Activities Councilmember Black stated she has concerns of construction activities beginning at 7:00 a.m. on Sunday mornings. Therefore, she would like the Council to discuss this at a Study Session prior to next year's construction season. Councilmembers Hewitt and Slavik also agreed that this should be discussed at a Study Session. Motion was made by Councilmember Black and seconded by Councilmember Hewittto adopt an Ordinance Amending Chapter 20 of the Plymouth City Code Concerning Construction Maintenance, and Repair Activities (Ord2001-33). Councilmember Harstad suggested that the Public Safety Advisory Board reviews the City's Noise Ordinance and presents a recommendation to the Council. Community Development Director Hurlburt suggested that the Council not delay this review until the spring as contractors would be bidding on 2002 projects within the next couple of months. If the Council would be amending the Noise Ordinance regarding when construction activities could occur, contractors should be informed of this prior to the bid lettings. She suggested that the Council direct staff to prepare an amendment to the City's Noise Ordinance for a future Council meeting that would allow for a 9:00 a.m. start time on Sundays. The majority of the Council was in agreement with this suggestion. Adopted City Council Minutes Regular Meeting of October 23, 2001 Page 17 of 18 There being no further discussion and with all members voting in favor, the motion carried. Reports and Recommendations 9.1) Accept Third Quarter 2001 Financial Report Finance Director Hahn provided a third quarter financial report. He stated that revenue for the first nine months continues to be weak with all permit types running substantially behind last year as well as fines and forfeitures revenue. He also noted that tax cancellation and abatement loss percentages for 2001 are running considerably above the previous four years. He projects a deficit of $132,781 in revenues by the end of this year. However, staff would continue to monitor the situation. Motion was made by Councilmember Slavik and seconded by Councilmember Hewittto accept the Third Quarter 2001 Financial Report. With all members voting in favor, the motion carried. 9.2) Accept 2000 Financial Trend Report Finance Director Hahn reported on the 2000 financial trend report. He stated in summary, out of 20 financial trend indicators, there are two suggested areas that should be monitored or evaluated for potential concerns. He stated these areas include the expenditures per capita and the number of residents served by each full-time City employee. Councilmember Stein requested that for the next financial trend report, staff prepares a graph that would outline the positions that generate revenue. Motion was made by Councilmember Slavik, and seconded by Councilmember Hewittto accept the Financial Trend Report for the calendar year 2000. With all members voting in favor, the motion carried. 9.3) Report on Water System Studies Verne Jacobsen, the City's consultant with TDKA, discussed with the Council reports on water storage alternatives and benefits of shared water resources and facilities with the City of Maple Grove. Public Works Director Faulkner stated that staff is proposing to provide a more detailed report at the November 13 meeting on the water storage alternative report. Adopted City Council Minutes Regular Meeting of October 23, 2001 Page 18 of 18 Motion was made by Councilmember Hewittand seconded by Councilmember Slavik to accent the two reports prepared by the consulting engineering firm of TKDA, entitled Water Storage Alternatives, July 2000 and Benefits of Shared Water Resources and Facilities between the Cities of Plymouth and Maple Grove, Minnesota, September 2001. With all members voting in favor, the motion carried. 9.4) Report on County Road 101 Public Works Director Faulkner stated this project is behind schedule. The goal is to have two lanes paved between Medina Road and County Road 24 by the end of this year. Councilmember Hewitt stated that she assumed the entire project was to be completed by November 1. Councilmember Harstad stated for future reports to the Council on City projects, he would like to see what was the communicated date to the contractor to complete the projects. He would support post implementation studies of City projects which could include "spot surveys" with residents in the area. He stated the City needs to strive to complete road projects on time. Adjournment Motion was made by Councilmember Johnson, and seconded by Councilmember Slavik. to adjourn the meeting at 11:45 p.m. With all mem . ers vot{in g' in favo the motion carried. Yj andra R. Paulson, City Clerk