HomeMy WebLinkAboutCity Council Minutes 03-20-1996MINUTES
REGULAR COUNCIL MEETING
MARCH 20, 1996
The regular meeting of the Plymouth City Council was called to order by Mayor Tierney
at 7:00 p.m. in the City Center, 3400 Plymouth Blvd., on March 20, 1996.
COUNCIL PRESENT: Mayor Tierney; Councilmembers Wold, Lymangood, Preus,
Granath, and Black.
ABSENT: Councilmember Anderson.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public
Works Director Moore, Finance Director Hahn, Community Development Director
Hurlburt, Public Safety Director Gerdes, Park Director Blank, City Attorney Knutson, and
City Clerk Ahrens.
ITEM 3 PLYMOUTH FORUM
No one appeared for the forum.
ITEM 4-A RECOGNITION OF SERVICE
Fire Chief Kline presented a plaque to retiring Firefighter Chuck Veflin recognizing
his twenty-three years of service to the Fire Department.
ITEM 5 APPROVE AGENDA
Mayor Tierney requested addition of Item 9-A, Update on Public Meeting
regarding proposed Medicine Lake trail.
MOTION was made by Councilmember Preus, seconded by Councilmember
Black, to approve the agenda with the addition of Item 9-A. Motion carried, six
ayes.
ITEM 6 CONSENT AGENDA
Items 6-F, 6-N, and 6-W were removed from the Consent Agenda.
MOTION was made by Councilmember Black, seconded by Councilmember
Preus, to approve the Consent Agenda as amended. Motion carried, six ayes.
Regular Council Meeting
March 20, 1996
Page 2
ITEM 6-A APPROVE CITY COUNCIL MINUTES
MOTION was made by Councilmember Black, seconded by Councilmember
Preus, to approve the minutes of the March 6 Special Council Meeting, and the
March 6 Regular Council Meeting. Motion carried, six ayes.
ITEM 6-B APPROVE DISBURSEMENTS
MOTION was made by Councilmember Black, seconded by Councilmember
Preus, to adopt RESOLUTION 96-155 APPROVING DISBURSEMENTS
FOR THE PERIOD ENDING MARCH 7, 1996. Motion carried, six ayes.
ITEM 6-C APPROVE SITE PLAN TO RELOCATE AMPHITHEATER (96016)
MOTION was made by Councilmember Black, seconded by Councilmember
Preus, to adopt RESOLUTION 96-156 APPROVING A SITE PLAN FOR
THE CITY OF PLYMOUTH FOR PROPERTY LOCATED EAST OF
PLYMOUTH BOULEVARD AND NORTH OF THE PLYMOUTH CITY
OFFICES (96016). Motion carried, six ayes.
MOTION was made by Councilmember Black, seconded by Councilmember
Preus, to adopt RESOLUTION 96-157 ADOPTING BUDGET FOR
RELOCATION OF AMPHITHEATER. Motion carried, six ayes.
ITEM 6-D APPROVED SITE PLAN AMENDMENT FOR ORCHIDS LIMITED
95138
MOTION was made by Councilmember Black, seconded by Councilmember
Preus, to adopt RESOLUTION 96-158 APPROVING SITE PLAN
AMENDMENT FOR JERRY LEE FISCHER FOR "ORCHIDS LIMITED",
4630 FERNBROOK LANE NORTH (95138). Motion carried, six ayes.
ITEM 6-E AMENDED PUD PLAN FOR SKYLINE DESIGN (96002)
MOTION was made by Councilmember Black, seconded by Councilmember Preus
to adopt RESOLUTION 96-159 APPROVING AMENDED RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD) PLAN AND CONDITIONAL
USE PERMIT FOR SKYLINE DESIGN, INC., FOR PROPERTY AT 994
ZANZIBAR LANE NORTH (RPUD 76-3) (96002). Motion carried, six ayes.
Regular Council Meeting
March 20, 1996
Page 3
ITEM 6-G WESTBRANCH 4TH ADDITION. ORRIN THOMPSON HOMES
95139
Y
MOTION was made by Councilmember Black, seconded by Councilmember
Preus, to adopt RESOLUTION 96-160 APPROVING RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD) PRELIMINARY PLAN/PLAT
AND CONDITIONAL USE PERMIT FOR ORRIN THOMPSON HOMES
FOR PROPERTY LOCATED NORTHEAST OF DUNKIRK LANE
NORTH AND ROCKFORD ROAD (95139). Motion carried, six ayes.
ITEM 6-H WELCH COMPANIES, PLYMOUTH BUSINESS CENTER (96006).
MOTION was made by Councilmember Black, seconded by Councilmember
Preus, to adopt RESOLUTION 96-161 APPROVING MPUD
PRELIMINARY PLAN AMENDMENT, CONDITIONAL USE PERMIT,
AND FINAL SITE PLAN FOR WELCH COMPANIES FOR PROPERTY
LOCATED NORTHEAST OF ANNAPOLIS LANE AND 34TH AVENUE
96006). Motion carried, six ayes.
ITEM 6-I RENEW GARBAGE HAULER LICENSES
MOTION was made by Councilmember Black, seconded by Councilmember
Preus, to adopt RESOLUTION 96-162 RENEWING GARBAGE HAULER
LICENSES. Motion carried, six ayes.
ITEM 64 RENEW CONSUMPTION AND DISPLAY LIQUOR LICENSES
MOTION was made by Councilmember Black, seconded by Councilmember
Preus, to adopt RESOLUTION 96-163 APPROVAL OF CONSUMPTION
AND DISPLAY LICENSES. Motion carried, six ayes.
ITEM 6-K APPROVE TOBACCO LICENSE
MOTION was made by Councilmember Black, seconded by Councilmember
Preus, to adopt RESOLUTION 96-164 APPROVING TOBACCO LICENSE
FOR DENNIS O. EBERT DOING BUSINESS AS LOBBY SHOP, 13001
BASS LAKE ROAD. Motion carried, six ayes.
Regular Council Meeting
March 20, 1996
Page 4
ITEM 6-1 APPROVE PURCHASE OF ROTARY MOWER
MOTION was made by Councilmember Black, seconded by Councilmember
Preus, to adopt RESOLUTION 96-165 APPROVE PURCHASE OF 72
INCH, 4 -WHEEL DRIVE HYDROSTATIC ROTARY MOWER Motion
carried, six ayes.
ITEM 6-M REDUCTION IN DEVELOPMENT CONTRACT FINANCIAL
GUARANTEES
MOTION was made by Councilmember Black, seconded by Councilmember
Preus, to adopt RESOLUTION 96-166 REDUCING REQUIRED
FINANCIAL GUARANTEE, FORESTER PRESERVE PLAT TWO (94057).
Motion carried, six ayes.
MOTION was made by Councilmember Black, seconded by Councilmember
Preus, to adopt RESOLUTION 96-167 REDUCING REQUIRED
FINANCIAL GUARANTEE, COURTYARDS OF FRENCH CREEK
ADDITION (93034). Motion carried, six ayes.
MOTION was made by Councilmember Black, seconded by Councilmember
Preus, to adopt RESOLUTION 96-168 REDUCING REQUIRED
FINANCIAL GUARANTEE, SHORES OF KRAETZ LAKE ADDITION
94135). Motion carried, six ayes.
MOTION was made by Councilmember Black, seconded by Councilmember
Preus, to adopt RESOLUTION 96-169 REDUCING REQUIRED
FINANCIAL GUARANTEE, BASS LAKE ESTATES THIRD ADDITION
95065). Motion carried, six ayes.
ITEM 6-0 SET HEARING ON EASEMENT VACATION
MOTION was made by Councilmember Black, seconded by Councilmember
Preus, to adopt RESOLUTION 96-170 ORDERING PUBLIC HEARING
ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY
EASEMENT IN LOT ONE, BLOCK FOUR, PLYMOUTH OAKS
ADDITION AND LOT EIGHT, BLOCK ONE, COURTYARDS OF
PLYMOUTH OAKS. Motion carried, six ayes.
Regular Council Meeting
March 20, 1996
Page 5
ITEM 6-P APPROVE CERTIFICATE OF EXEMPTION FOR WETLAND
CONSERVATION
MOTION was made by Councilmember Black, seconded by Councilmember
Preus, to adopt RESOLUTION 96-171 AUTHORIZING THE MAYOR TO
SIGN THE CERTIFICATE OF EXEMPTION FROM THE 1991
WETLAND ACT, MARFIELD, BELGARDE AND YAFFE COMPANIES.
LOT ONE, BLOCK ONE, MINNEAPOLIS INDUSTRIAL PARK FIFTH
ADDITION. Motion carried, six ayes.
ITEM 6-0 WETLAND REPLACEMENT PLAN FOR PLYMOUTH
AMPHITHEATER
MOTION was made by Councilmember Black, seconded by Councilmember
Preus, to adopt RESOLUTION 96-172 APPROVING FILLING
WETLANDS AND THE WETLAND REPLACEMENT PLAN FOR CITY
OF PLYMOUTH AMPHITHEATER RELOCATION PROJECT,
PROJECT 96016. Motion carried, six ayes.
ITEM 6-R MISSION STATEMENT FOR PLYMOUTH WATER RESOURCES
MANAGEMENT PLAN
MOTION was made by Councilmember Black, seconded by Councilmember
Preus, to adopt the following mission statement for the Plymouth Water Resources
Management Plan, as developed by the Environmental Quality Committee: "The
City of Plymouth envisions a community in which the quality of life is
enhanced by a natural and healthy environment, and by an infrastructure
designed and maintained to protect property investment. Toward that end,
the Plymouth Resources Management Plan provides a single, comprehensive
strategy which addresses the City's existing and future water resources needs
in a proactive manner. The plan development promotes citizen and industry
participation and education, and provides clear direction for properly
managing our local water resources." Motion carried, six ayes.
ITEM 6-S APPROVE CHANGE ORDER TO CITY COUNCIL CHAMBERS
RENOVATION
MOTION was made by Councilmember Black, seconded by Councilmember
Preus, to adopt RESOLUTION 96-173 APPROVING CHANGE ORDER
NUMBER ONE, CITY CENTER COUNCIL CHAMBER RENOVATION,
PROJECT 506. Motion carried, six ayes.
Regular Council Meeting
March 20, 1996
Page 6
ITEM 6-T AWARD PROPOSAL FOR NEW INFORMATION SYSTEMS
MOTION was made by Councilmember Black, seconded by Councilmember
Preus, to adopt RESOLUTION 96-174 IMPLEMENT NEW
INFORMATION SYSTEMS. Motion carried, six ayes.
ITEM 6-U APPROVE LAWN MAINTENANCE BID
MOTION was made by Councilmember Black, seconded by Councilmember
Preus, to adopt RESOLUTION 96-175 APPROVAL OF BID FOR THE
1996 LANDSCAPE MAINTENANCE PROGRAM. Motion carried, six ayes.
ITEM 6-V AUTHORIZE APPLICATION FOR STATE DIVISION OF
EMERGENCY MANAGEMENT GRANT
MOTION was made by Councilmember Black, seconded by Councilmember
Preus, to authorize the Public Safety Department to work with the Minnesota
Division of Emergency Management in order to apply for a Volunteer Resource
Collaboration Service Sharing Grant. Motion carried, six ayes.
ITEM 7-A PUBLIC IMPROVEMENT HEARING ON 1996 STREET
RECONSTRUCTION PROGRAM, PROJECT 602
Public Works Director Moore stated that this is the eighth year of the Street
Reconstruction Program, and he showed a video on the program. He described
the two areas proposed for reconstruction in 1996 -- District 29: Orleans Lane
from the cul-de-sac south of 47th Avenue to the cul-de-sac north of 49th Avenue,
Quaker Lane from 47th Avenue to the cul-de-sac north of 49th Avenue, Pilgrim
Lane cul-de-sac north of 47th Avenue, Pilgrim Lane cul-de-sac north of 48th
Avenue, 47th and 49th Avenues from Orleans Lane to Quaker Lane, 48th Avenue
from Nathan Lane to 160 feet west of Quaker Lane; and District 33: Pilgrim Lane
from 32nd Avenue to 36th Avenue, Kilmer Lane from 34th Avenue to 36th
Avenue, 34th Avenue from Pilgrim Lane to West Frontage Road State Highway
169, the West Frontage Road State Highway 169 from 34th Avenue to 35th
Avenue, and 35th Avenue from the West Frontage Road State Highway 169 to
Kilmer Lane. He stated that this is the public improvement hearing and special
assessments will not be considered at this meeting.
Director Moore stated that the estimated project cost is $1,433,000. Single family
residential homes have estimated amount to be assessed of $949 per lot, multi-
family residential is proposed at an equivalent of $949 per unit, townhomes are
estimated at $770.47 per unit, and commercial areas at $717 per unit. He
explained that the unit cost is determined by factoring traffic density.
Regular Council Meeting
March 20, 1996
Page 7
Mayor Tierney opened the public improvement hearing at 7:23 p.m.
Larry Kelner, 4750 Ori..ans Lane North, stated he understands the need for the
reconstruction and does not oppose the project. However, he asked the Council to
be mindful that there is a limit to residents' income to pay for the improvements.
No one else appeared, and the hearing was closed at 7:25 p.m.
Mayor Tierney explained that the Council has adopted a policy that for the entire
Street Reconstruction Program, 30 percent of the cost will be assessed to the
benefiting properties and 70 percent will be paid by the City.
Public Works Director Moore stated that at the completion of the project, the City
Council will conduct an assessment hearing. Typically, the special assessment for
this type of project would be spread over five years, with one-fifth of the principal
paid each year, along with interest on the unpaid balance. He estimated that the
assessment hearing for this project would be conducted in October, 1996, with the
first payment due in 1997. He added that property owners can avoid interest by
paying the entire assessment amount within 30 days of adoption. Director Moore
stated that the resolution ordering this project requires six Council votes for
adoption since the project was initiated by the City.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Granath, to adopt RESOLUTION 96-176 ORDERING IMPROVEMENT
AND PREPARATION OF PLANS AND SPECIFICATIONS, 1996 STREET
RECONSTRUCTION PROGRAM, CITY PROJECT NO. 602. Motion
carried, six ayes.
ITEM 7-B PUBLIC HEARING ON GRANT APPLICATION FOR VALUE Rx
PROJECT
Community Development Director Hurlburt introduced Leonard Kirscht, 4205
Lancaster Lane North, Suite 1100, Public Resource Group, Inc. Mr. Kirscht
presented the request for the City to apply for a grant under the State of
Minnesota's Economic Development Grant Program. The application would be
for $500,000 to provide loan funds to assist Value Rx Pharmacy in its location and
equipment acquisition project. All of the funds to be loaned to the Company will
assist its purchase of new equipment to be paced in the Miles Homes facility at
4700 Nathan Lane. Ryan Construction will be renovating the existing 60,000 sq.
ft. building, as well as constructing the proposed 60,000 sq. ft. addition. It is
anticipated that Value l:x will ultimately employ 200 new employees. The total
project cost is estimated as $2 million, of which $1.5 million relates to telephone,
generator system, furniture, and fixtures. He explained that this program is funded
Regular Council Meeting
March 20, 1996
Page 8
through two sources: federal CDBG funds and State funds. If the grant funds are
federal monies, then the City may retain all the repayments. If the grant funds are
state monies, then the City may retain the first $100,000 in principal repayments,
including accrued interest to that point. These funds can then be loaned to other
eligible businesses. Financing for the remainder of the project will come from $1.5
million in Value Rx Pharmacy equity. No projects costs would be assessed to
community residents.
Mayor Tierney asked how the project would benefit low and moderate income
persons.
Mr. Kirscht explained that at least half of the new jobs created will be available to
persons of low and moderate income. Creation of 200 new jobs would potentially
result in 102 persons of low and moderate income hired for a total combined salary
of about $2,120,000. If creation of 200 new jobs resulted in all the new jobs being
filled by persons of low and moderate income, then the combined salary of the 200
low and moderate income persons would be in excess of $4.1 million. He
explained that jobs such as customer account and customer service representatives,
and marketing representatives would be created and would pay a minimum of $10
per hour.
Councilmember Lymangood corrected an error in the staff report, stating that
upon verification that the company has created the 200 new jobs projected, the
second $250,000 originally given to the company will be granted to the company
as a forgivable loan with no repayment required. He welcomed the firm to
Plymouth.
Mayor Tierney opened the public hearing on the application for Minnesota
Department of Economic Development Recovery Fund Grant for the Value Rx
Project at 7:40 p.m. No one appeared, and the hearing was closed.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to table consideration of this item to a future meeting, as recommended by
staff. Motion carried, six ayes.
ITEM 8-A-1 (6-W) MNDOT HIGHWAY 12 CORRIDOR ALTERNATIVES AND
IMPACT ON FERNDALE ROAD
Councilmember Wold stated that he requested that this item be considered by the
Council. He attended a recent neighborhood information meeting on the MnDOT
Highway 12 Corridor Alternatives and impacts on Ferndale Road. He said the
Plymouth City Council previously adopted a resolution opposing a half -diamond
intersection at Highway 12 and Ferndale. He believes that the City Council should
Regular Council Meeting
March 20, 1996
Page 9
clarify that it is opposed to any change in the character and function of Ferndale
Road and to any interchange at Ferndale Road and Highway 12.
Mayor Tierney stated ,.';at a letter was also received from the Wayzata Community
Church on this issue.
Martin Gardener, 320 Brockton Lane, represented the North Ferndale Road
Residents' Committee. He thanked the Mayor and City Council members for their
support on this issue. He said that the informational meeting was attended by over
200 residents from Plymouth, Orono, and Wayzata. Ninety-four percent of the
residents in attendance opposed an interchange at Ferndale Road, and 97 percent
of the Plymouth residents were opposed to an interchange. He presented a copy
of a letter sent to Ferndale Road residents about the issue.
MOTION was made by Councilmember Wold, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-177 MNDOT HIGHWAY 12
CORRIDOR ALTERNATIVES AND IMPACT ON FERNDALE ROAD,
with an addition that the City Council establish a subcommittee to study issues
relating to Ferndale Road.
Councilmember Wold explained that the Minnesota Department of Transportation
is considering what to do with Highway 12 west of Plymouth. One of their
options is to construct an interchange at Ferndale Road. He believes that the City
should be proactive on this issue and collaborate with the cities of Orono and
Wayzata.
Councilmember Preus supported the motion. He noted that about 200 people
recently attended an informational meeting on the topic. The interchange proposal
would substantially change the abutting neighborhoods. He stated that there are
several general issues of study: 1) Stopping the effort for an interchange; 2)
Improving Ferndale Road; and 3) Safety issues of the trail abutting Ferndale
Road. He asked the Public Works Director to comment on the status of upgrading
of Ferndale Road.
Public Works Director Moore explained that Ferndale Road improvements are
currently proposed for 1998 in Plymouth's adopted Capital Improvement Program.
He has written to the City of Orono requesting clarification on whether Ferndale
Road improvements are still proposed for 1988. He stated that half of Ferndale
Road is in each community, requiring a joint construction effort. The City of
Plymouth had previously proposed the project for 1997; however, the City of
Orono did not have sufficient state aid monies available for the project until 1998.
Councilmember Wold stated that he would like the Council to establish a certain
year when the project will be accomplished.
Regular Council Meeting
March 20, 1996
Page 10
Manager Johnson stated that a letter has already been sent to the City of Orono
requesting clarification. He believes that if Orono could move the project to 1997,
Plymouth could be flexible and meet that schedule.
Councilmember Preus suggested an amendment to the motion to direct City staff
to meet with staff representatives of Wayzata, Orono, and if appropriate, other
cities to see if a consensus can be developed for presentation to the Minnesota
Department of Transportation (MnDOT) on their Highway 12 Corridor Study
alternatives, as well as a timetable for the upgrading of Ferndale Road.
Councilmember Wold accepted this as a friendly amendment to his motion.
Councilmember Lymangood supported the motion as amended. He requested that
the six residents on the Ferndale Road Residents' Committee be notified of any
upcoming Council consideration on this issue.
Mayor Tierney stated that residents are also working on establishment of the trail
as a designated bike route.
Councilmembers Preus and Wold, and Mayor Tierney will serve as members of the
subcommittee.
Motion carried, six ayes.
ITEM 8-A APPROVE CONTRACT WITH LIFE TIME FITNESS
City Manager Johnson presented the staff report on the proposed contract with
Life Time Fitness. He said that a City-wide sports facilities task force met
throughout 1995 and identified indoor ice and swimming facilities as top priority
needs in the City. The City and Life Time Fitness began specific discussions about
a public-private partnership during the fall, 1995. Subsequently, the City was
awarded $250,000 in "Mighty Ducks" Grant funds to build ice facilities. District
284 became interested in participating in a swimming complex. The City Council
approved the Letter of Intent with Life Time Fitness on December 19, 1995. He
stated that on February 6, voters approved, by a 3 to 1 margin, the use of
Community Improvement Funds for indoor ice and swimming facilities.
Manager Johnson presented contract highlights. He said that the City is
contracting for the construction and operation of pools. The swimming complex
includes an outdoor leisure pool, an indoor leisure pool, and an eight -lane
competition pool. Life Time Fitness will build and operate the pool complex as a
part of its fitness club. The agreement centers upon a 40 -year ground lease, and
Life Time has agreed to substantial covenants governing access to the facility for
Regular Council Meeting
March 20, 1996
Page 11
Plymouth residents, including daily rate user fees ranging from $3 to $8. The
covenants remain in force even if Life Time sells its interest to someone else.
He explained the capital costs involved in the project. The City's direct
contribution to Life Time to build the pools is $1.6 million. The City is also
providing land valued at about $300,000 and a portion of the site improvement
costs. The City's overall project budget for ice arena, pool complex, and site work
is $7 million, after grants and contributions from other agencies. The sources of
funds are the Community Improvement Fund and the Project Administration Fund.
There will be no tax levy increase required for capital costs.
Manager Johnson presented advantages of the proposed agreement. There would
be lower capital costs for the City compared with building solely a City facility
480,000 per year). There would be no operating costs for the City (estimated at
250,000 per year based on experience of other cities). Life Time Fitness will pay
local taxes (estimated at $200,000), and there will be lower construction
management and facility design costs. The recreation complex may encourage
other development in the immediate area, and Plymouth residents will be
guaranteed facility access.
Manager Johnson stated that disadvantages of the proposed agreement include that
the City will not control the Life Time Club area. Some residents would like the
range of daily fees to be lower, especially the adult rate. Life Time Fitness may
choose to sell the facility or may someday face economic problems, and Life Time
Fitness may not have a "public character" as a community center. He said that
there could be the perception that the City is competing with existing businesses.
City Manager Johnson stated that several changes were recommended today to the
proposed contract based on meetings with Life Time Fitness. The scholarship
program has been increased to 1,000 passes and will include adults. Contract
language was added to clarify how and when the City will receive notice of any
possible sale. In the event that Life Time would contemplate selling, there is new
language on how much they would reimburse the City. If a sale were done during
the first five years, the City would be reimbursed $200,000, with $100,000
reimbursement thereafter.
Manager Johnson stated that consideration of a construction management
agreement with Life Time Fitness is also on the agenda. He recommended that the
Council delay consideration of that item because neither party has had sufficient
opportunity to review it. He stated that tabling the item to the next meeting will
not delay the start of coestruction on the project.
Regular Council Meeting
March 20, 1996
Page 12
Manager Johnson stated that he was contacted by Councilmember Anderson today
indicating that he supports the ground lease and development contract with the
proposed changes.
Attorney Knutson stated that the proposed contract changes were made several
hours ago. He requested that if the Council is inclined to approve the agreement,
that he be granted authority to make non -substantive changes to the contract
language.
Mayor Tierney read her statement in favor of the project. She stated that, as
Mayor, she supports this project. It is an opportunity and issue of leadership for
the Council. She believes that the advantages greatly outweigh the risks involved.
Councilmember Granath stated that he will support the ground lease and
development contract. He stated that this project has been underway for five
months, and initially he had serious reservations about the issue. He served on the
subcommittee to develop the contract with Life Time Fitness, and his primary
concern has been to ensure that there is financial accessibility for all Plymouth
residents. He stated that residents support the City with tax dollars and all
individuals should benefit from the project. He believes that substantial progress
has been made on this issue in the past few weeks and that the risks are worth
taking. He noted that financial accessibility has been enhanced by the City
rejecting monthly subscriptions, attaining a $3 daily rate for children and no
initiation fee for children. He said that daily adult rates were provided, as well as
expanded family hours, and a special agreement on programs to enhance
opportunities for seniors and other individuals on fixed incomes. Also, up to 1,000
subsidized summer pool passes may be available at a rate to be determined by the
City. He asked the Finance Director to explain the source of the Community
Improvement Fund.
Finance Director Hahn explained that the Community Improvement Fund was
established under the City Charter. The source of the funds is that all monies left
in bond sinking funds or debt service funds after payment of special assessment
bonds, were rolled over into this fund. He said that many special assessment
payments were made before the City needed money, and these funds were invested
at high interest rates in earlier years. He stated that none of the monies in the
Community Improvement Fund are from taxes -- they are entirely from prepaid
special assessments and interest earnings.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 96-178 APPROVING A GROUND LEASE
AND DEVELOPMENT AGREEMENT WITH FCA, LTD., DOING
BUSINESS AS LIFE TIME FITNESS AND AUTHORIZING THE MAYOR
AND CITY MANAGER TO SIGN THE AGREEMENTS.
Regular Council Meeting
March 20, 1996
Page 13
Councilmember Lymangood stated that he believes this will be a magnificent
facility at a fraction of the cost to the City. Tax revenues will be generated, rather
than annual operating c,-,sts. He stated that it was at his initiation that the Council
established a sports facilities subcommittee to study indoor and outdoor sports
facilities. He recognized contributions toward the project of Councilmember
Granath who pursued the issue of accessibility to Plymouth residents,
Councilmember Wold and Mayor Tierney who served on the Sports Facilities
Subcommittee, Councilmember Black who attended a number of meetings on the
proposed contract, and Councilmembers Anderson and Preus for providing their
legal perspective on the contract. He also thanked the City Attorney, City
Manager, and Park Director for their efforts, along with Mr. Akradi and Life Time
Fitness representatives for enduring the public process involved.
Councilmember Black stated she believes this project is an opportunity for the
City. The project should be a draw for the City Center area, and she believes that
the risks are acceptable.
Councilmember Wold thanked the Plymouth -Wayzata and New Hope -Plymouth
Hockey Associations for their financial and other support of the project. He
clarified that the City will solely own and operate the ice facilities.
Councilmember Preus tated that about a year ago when planning the City Center
area, the concept of a sports facility was discussed. He said that many people
thought about it, but hesitated supporting or pursuing the project. He stated that
Councilmember Lymangood's comments and leadership on the issue helped the
project gain momentum and support. Councilmember Preus stated that he initially
shared the early concerns expressed by Councilmember Granath. However, details
have been provided through the proposed contract. He commended the City
Attorney for doing exceptional work on the contract. He would like to see access
to a facility at lower rates, but that would result in a tax increase which is not
acceptable.
Brian Golden, 3932 Orchid Lane, asked how a scholarship could be received.
Park Director Blank responded that when the facility is scheduled to open, the City
Council will adopt a policy on how the scholarship program will be administered.
Harold Golden, 3932 Orchid Lane, stated he voted in the referendum in favor of
the project. He thanked the Mayor and Council for the amount of time put into
this project. He asked about impact to property values and traffic patterns in the
vicinity of the facility.
Public Works Director Moore responded that the City Center area road system has
been designed to serve this and other large uses. He stated that the majority of
Regular Council Meeting
March 20, 1996
Page 14
traffic in neighborhoods abutting the City Center area will be neighborhood
residents traveling to the facility. He stated that the most convenient access to the
facility will be via County Road 9 or Highway 55. The study for the area indicates
that there will ultimately be traffic signals at County Road 9 and Vicksburg Lane,
and at Plymouth Blvd. and County Road 9. No other signals are proposed in the
area, with the possible exception of 34th Avenue and Plymouth Blvd.
Manager Johnson added that the entire City Center area will have excellent trail
access. He stated that the City hopes this project has a positive impact on
surrounding property values and that it stimulates development on surrounding
properties.
Bahram Akradi, President of Life Time Fitness, thanked everyone involved in the
project. He looks forward to making this project work for the residents, City, and
School District. He particularly thanked Manager Johnson and Park Director
Blank for their efforts.
Motion carried six ayes.
MOTION was made by Councilmember Wold, seconded by Councilmember
Preus, to table the construction management agreement for consideration to the
April 3 council meeting. Motion carried, six ayes.
ITEM 8-B CITY OF PLYMOUTH AND LIFE TIME FITNESS SPORTS
COMPLEX (96003)
Planning Supervisor Senness presented the staff report on the request of the City
of Plymouth and Life Time Fitness for Preliminary Plat, Site Plan, Conditional Use
Permit, and Variances for an ice arena and fitness center including indoor and
outdoor swimming pools and indoor competition pool and diving well, located east
of Plymouth Blvd. bets ,een 35th and 37th Avenues North.
Vicki Hooper, representing Shea Architects, described the site plan. She stated
that the building is set back from the street in order to lessen the visual mass of the
building. Fencing is proposed around the site near the street to meet the City
Center Plan. There will be some parking in front of the building. She stated that
the proposed landscaping exceeds the City requirements, and the landscaping will
be done in a phased manner. Minimal landscaping requirements will be met by the
spring of 1997, and lower priority landscaping will be completed in future phases.
There is also the possibility of adding a community garden landscaping amenity in
the future. She stated that a different paving element will be used in order to
emphasize the entry, and described the exterior materials proposed for the
buildings.
Regular Council Meeting
March 20, 1996
Page 15
Brian Golden suggested that one ice sheet could be used solely for hockey and the
other sheet could be used for figure skating and free skating. Director Blank
explained that both ice sheets are multi-purpose. The ice is programmed every
hour, and the ice can be removed from one sheet part of the year to allow
additional activities such as basketball, volleyball, or in-line skating.
Mayor Tierney asked that staff address the possibility for a future activity center.
Park Director Blank explained that there is an area at the end of the Life Time
Fitness facility that could allow for a possible future activity center facility of
12,000 to 14,000 sq. ft. He showed the trails proposed near the facility and stated
that the Planning Commission has suggested that the Plymouth Blvd. trail enter the
site near the amphitheater.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Preus, to adopt RESOLUTION 96-179 APPROVING PRELIMINARY
PLAT, VARIANCES, CONDITIONAL USE PERMIT, AND SITE PLAN
FOR THE CITY OF PLYMOUTH AND LIFE TIME FITNESS FOR
PROPERTY LOCATED EAST OF PLYMOUTH BLVD. BETWEEN 35TH
AND 37TH AVENUE NORTH (96003). Motion carried, six ayes.
Manager Johnson stated that detailed design of the facility will be developed in
upcoming weeks. He suggested that it may be useful for the Council to establish a
subcommittee to consider issues related to interior design.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to establish a subcommittee (consisting of Councilmember Lymangood,
Councilmember Black, and Mayor Tierney), to consult with staff regarding the
interior design considerations related to the project. Motion carried, six ayes.
ITEM 8-C APPROVE SITE PLAN FOR TEMPORARY SALES OFFICE FOR
LIFE TIME FITNESS
MOTION was made by Councilmember Wold, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-180 APPROVING A SITE PLAN
AMENDMENT FOR LIFE TIME FITNESS FOR PROPERTY LOCATED
AT 3550 N. VICKSBURG LANE (96026).
MOTION was made by Councilmember Wold, seconded by Councilmember
Lymangood, to move the previous question. Motion carried, six ayes.
Motion carried, six ayes.
Regular Council Meeting
March 20, 1996
Page 16
ITEM S -D (64) CARLSON REAL ESTATE (95133)
Community Development Director Hurlburt introduced the request of Carlson
Real Estate Company for Land Use Guide Plan Amendment for Reguiding,
Rezoning, preliminary Plat, and Variance for the creation of five lots, and a Site
Plan for the construction of five multi -tenant office/warehouse buildings, located in
the 100 block of Cheshire Lane.
Councilmember Lymangood stated that this parcel of land was before the City
Council approximately two years ago when Carlson requested a zoning change
from commercial/industrial to retail to allow a Sam's Club on the site. He showed
a February 23, 1994, Plymouth Sailor article where Dean Riesen, representing
Carlson Company, stated in an interview that Sam's Club was a certainty. In the
article, Mr. Riesen threatened legal action against the City in the amount of
4,250,000 million if the City did not rezone the property as requested.
Councilmember Lymangood stated that Carlson Company is now requesting that
the property be zoned back to allow an industrial use. He noted that this action is
what Carlson Company representatives threatened the City not to do two years
ago, and a land taking issue was threatened again by Carlson Company while this
request was under consideration.
Matt VanSlocan, Carlson Real Estate, stated that he oversees industrial property
for Carlson Real Estate Company. He stated that after the City Council's approval
of the rezoning, Sam's Club decided they were no longer interested in the site. He
stated that two years ago, Carlson would have preferred the site to be retail, but
agreed it would be a Sam's Club or it would be an industrial use. He stated that
Carlson Company recently reviewed the site and concluded that this is a good
location for an industrial use. Carlson wants to develop the site as an industrial
park for the company's long-term ownership. He described the proposed buildings
and said the exterior will have a quality finish that will look good from I-494,
Cheshire Lane, and the surrounding abutting residential neighborhood.
Councilmember Lymangood stated that he supported an industrial use for this site
two years ago. He asked if Carlson has assurances from tenants. Mr. VanSlocan
responded that there are no tenants yet; Carlson is developing this for speculative
use.
Councilmember Granath referenced the newspaper article shared by
Councilmember Lymangood. He stated that he was shocked two years ago when
Carlson representatives issued public threats relating to the rezoning issue. He
believes that threats create a counterproductive relationship. Councilmember
Granath stated that a Carlson representative again threatened litigation relating to
this proposal without the plan being submitted. He suggested that Carlson try to
Regular Council Meeting
March 20, 1996
Page 17
improve relations with the City. He stated that if this is another situation of legal
pressure, he will be a dedicated opponent to the project. He fully appreciates the
property rights of Carlson, but stated that affected residents also have rights.
Mr. VanSlocan stated he will convey the comments to Carlson Real Estate
Company. In response to a question from Mayor Tierney, he said that Carlson has
applied for a grading permit for the site. Their intention is to construct the three
buildings on the northerly portion of the site and complete two additional buildings
at a later date.
Councilmember Lymangood echoed Councilmember Granath's comments and
stated that much more can be accomplished when working together. He noted
that the Carlson proposal exceeds the minimum requirements established in the
tree preservation ordinance.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Granath, to adopt ORDINANCE 96-7 AN ORDINANCE AMENDING THE
ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED AT
THE SOUTHWEST OF CHESHIRE LANE AND CARLSON PARKWAY
95133),
RESOLUTION 96-181 APPROVING LAND USE GUIDE PLAN
AMENDMENT CARLSON REAL-ESTATE COMPANY FOR PROPERTY
LOCATED SOUTHWEST OF THE INTERSECTION OF CHESHIRE
LANE AND CARLSON PARKWAY (95133), and
RESOLUTION 96-182 APPROVING PRELIMINARY PLAT,
VARIANCE, AND SITE PLAN FOR CARLSON REAL-ESTATE
COMPANY FOR PROPERTY LOCATED SOUTHWEST OF THE
INTERSECTION OF CHESHIRE LANE AND CARLSON PARKWAY
95133).
Councilmember Black stated she has one area of concern on this proposed
development relating to the proposed loading dock which faces residences on the
northerly end of the parcel. She stated that loading dock noise has become a
significant problem in her ward, and she cautioned the applicant to do whatever is
needed to alleviate noise associated with the loading dock.
Motion carried, six ayes.
Regular Council Meeting
March 20, 1996
Page 18
ITEM 8-D (6-N) PHOSPHORUS -FREE FERTILIZER SALE
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Granath, to adopt an alternate RESOLUTION 96-183 DIRECTING THAT
PROCEEDS FROM THE SPRING 1996 PHOSPHORUS FREE
FERTILIZER SALE GO TO THE TREE PRESERVATION
FUND/COUNTY ROAD 9 BEAUTIFICATION PROJECT.
Councilmember Lymangood stated he has been interested for some time in
providing phosphorus -free fertilizer to residents. He supported the previous sale
and the educational video. He explained that Plymouth soils do not require
additional phosphorus, and the phosphorus tends to wash off and create algae
problems in lakes and ponds. Councilmember Lymangood suggested it would be
appropriate to direct the proceeds from the sale toward an environmental purpose.
Mayor Tierney stated that the Communities in Collaboration Council (CICC) had
suggested that the spring, 1995, phosphorus -free fertilizer be their project for
fund-raising purposes. The CICC is interested in participating in the upcoming
sale, with proceeds going toward their Connect project which delivers services to
multi -family residents. She prefers to continue the upcoming sale with the CICC,
but stated that the proceeds of future sales could appropriately be directed toward
environmental projects.
Councilmember Lymangood stated that this issue relates to being good stewards of
the land. He initiated the original project and the informational video would not
have been done without his follow through. He stated that the concept for the
original phosphorus -free sale was not pursued by the Water Quality Committee,
and he supports the motion.
Mayor Tierney stated that the spring phosphorus -free fertilizer sale was initiated by
the CICC, and the organization also received funds from the sale. The revenues
from the fall sale went to the City. She is concerned that the CICC would be
losing a source for funds.
MOTION to amend was made by Councilmember Lymangood, seconded by
Councilmember Wold, to add, "be it further resolved that the staff, through the
City Manager, is directed to report back to the Council within 30 days on the
history of the phosphorus -free fertilizer issue, including the exact timetable, who
initiated the concept and when it occurred, and how the issue was brought to the
City Council."
Councilmember Lymangood stated that he believes it is important to clarify the
record since there are different views on how and when the issue was initiated.
Regular Council Meeting
March 20, 1996
Page 19
Mayor Tierney stated that she and Manager Johnson were members of the CICC
when they initiated the project, and the sale was set up by the City's recycling
coordinators.
Councilmember Black asked about the amount of money raised with the previous
sales. Mayor Tierney estimated that the CICC received about $2,000 from the
spring sale.
Councilmember Lymangood stated that there are unallocated budgeted social
service funds that the Council could make available to CICC for the Connect
project. He intends to make that motion when this item is completed.
Councilmember Black stated that this is not an either/or situation. It may be
possible to direct the proceeds from the sale toward an environmental purpose,
while still funding the CICC social service request.
MOTION was made by Councilmember Preus, seconded by Councilmember
Lymangood, to call the question. Motion carried, six ayes.
Motion to amend carried: five ayes; Tierney nay.
Manager Johnson noted that the motion directs the project revenues; it does not
foreclose cooperation with other cities or agencies on the sale.
Motion as amended carried, five ayes; Tierney nay.
MOTION was made by Councilmember Lymangood, seconded by Mayor Tierney,
to direct staff to report back to the Council in a timely manner on funding
alternatives for the CICC Connect project.
Councilmember Black commented that she would support a minimum amount
similar to that gained in last year's fertilizer sale. Motion carried, six ayes.
MOTION was made by Councilmember Granath, seconded by Councilmember
Lymangood, to adjourn the meeting at 9:40 p.m. Motion carried, six ayes.
Laurie Ahrens
City Clerk