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HomeMy WebLinkAboutCity Council Minutes 12-04-1996Minutes Regular Council Meeting December 4, 1996 The regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:40 p.m., in the City Council Chambers, 3400 Plymouth Blvd., on December 4, 1996. COUNCIL PRESENT: Mayor Tierney; Councilmembers Black, Anderson, Wold, Lymangood, Preus, and Granath ABSENT: None STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Finance Director Hahn, Park Director Blank, Public Safety Director Gerdes, City Attorney Knutson, and City Clerk Ahrens. Item 3 Forum No one appeared for the Plymouth Forum. Item 5 Approve Agenda The following items were requested for addition to the agenda: 1) Letter from Robert Sipkins regarding the Charter Commission terms of office; 2) Star Tribune article regarding community centers; 3) Information on acquisition of city -owned parcel at Highway 55 and Vicksburg Lane; and 4) Update from Public Safety Director on actions of a Plymouth police officer. Motion was made by Councilmember Preus, seconded by Councilmember Black, to approve the agenda with the four additions noted. Motion carried, seven ayes. Item 6 Consent Agenda Motion was made by Councilmember Black, seconded by Councilmember Preus, to approve the consent agenda. Motion carried, seven ayes. Item 6-A Approve Minutes Motion was made by Councilmember Black, seconded by Councilmember Preus, to approve the minutes of the Regular Council meeting of October 16, and Special Council meeting of October 17. Motion carried, seven ayes. Regular Council Meeting December 4, 1996 Page 2 Item 6-B Approve Disbursements MOTION was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 96-651 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING NOVEMBER 22, 1996. Motion carried, seven ayes. Item 6-C Westurn Cedar Supply (96135) Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 96-652 APPROVING PLANNED UNIT DEVELOPMENT AND CONDITIONAL USE PERMIT FOR OUTSIDE STORAGE AT WESTURN CEDAR SUPPLY, 705 NORTH HIGHWAY 169 (96135). Motion carried, seven ayes. Item 6-D Steiner & Koppleman, Shoreland Management Variance (96162) Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 96-653 APPROVING VARIANCE FOR STEINER AND KOPPELMAN, INC. FOR PROPERTY LOCATED AT 205 BLACK OAKS NORTH (96162). Motion carried, seven ayes. Item 6-E Richard Bloom/Golfview Woods, Tree Preservation Release (96056) Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 96-654 RELEASING SITE PERFORMANCE GUARANTEE FOR TREE PRESERVATION, RICHARD BLOOM/GOLFVIEW WOODS (96056). Motion carried, seven ayes. Item 6-F Pioneer Engineering, Lot Division/Consolidation (MPUD 95-1) (96172) Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 96-655 APPROVING LOT DIVISION/LOT CONSOLIDATION FOR PIONEER ENGINEERING FOR PROPERTY LOCATED AT LOTS 8, 9, AND 20, BLOCK 2, ROCKFORD GLEN 3RDADDITION (MPUD 95-1) (96172). Motion carried, seven ayes. Item 6-G Developer Reimbursement for Project No. 316 Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 96-656 REIMBURSING DEVELOPER FOR REQUIRED STREET AND STORM SEWER CONSTRUCTION, SCHMIDT LAKE ROAD, CITY PROJECT NO. 316. Motion carried, seven ayes. Regular Council Meeting December 4, 1996 Page 3 Item 6-H Payment No. 5, Project No. 602 Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 96-657 REQUEST FOR PAYMENT NO. 5,1996 STREET RECONSTRUCTION, CITY PROJECT NO. 602. Motion carried, seven ayes. Item 6-I Local Funding Match for Wetland Planning Challenge Grant Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 96-658 AUTHORIZING THE MATCHING OF LOCAL FUNDING AND SIGNATURE OF CHALLENGE GRANT DOCUMENTS. Motion carried, seven ayes. Item 6-J Reductions in Required Financial Guarantees Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 96-659 REDUCING REQUIRED FINANCIAL GUARANTEE, ROCKFORD GLEN ADDITION (94155). Motion carried, seven ayes. Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 96-660 REDUCING REQUIRED FINANCIAL GUARANTEE, SUGAR HILLS 4TH ADDITION (95090). Motion carried, seven ayes. Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 96-661 REDUCING REQUIRED FINANCIAL GUARANTEE, TYLERS UPLAND ADDITION (96035). Motion carried, seven ayes. Item 6-K Street Lighting Projects Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 96-662 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING, PLUM TREE 2ND ADDITION. Motion carried, seven ayes. Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 96-663 RECEIVING REPORT AND ORDERING PROJECT, STREET, LIGHTING, PLUM TREE 2ND ADDITION. Motion carried, seven ayes. Regular Council Meeting December 4, 1996 Page 4 Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 96-664 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING, THE PONDS AT BASS CREEK 3RD ADDITION. Motion carried, seven ayes. Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 96-665 RECEIVING REPORT AND ORDERING PROJECT, STREET, LIGHTING, THE PONDS AT BASS CREEK 3RD ADDITION. Motion carried, seven ayes. Item 6-L Contract with Management Solutions, Inc. Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 96-666 RESOLUTION AUTHORIZING CITY MANAGER AND HUMAN RESOURCES MANAGER TO ENTER INTO CONTRACT WITH MANAGEMENT SOLUTIONS, INC. FOR VALIDATION OF POLICE OFFICER TEST. Motion carried, seven ayes. Item 6-M Change Order for Council Chamber Renovation, Project No. 506 Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 96-667 APPROVING CHANGE ORDER NO.5 FOR COUNCIL CHAMBERS. Motion carried, seven ayes. Item 6-N Progress Casting Group, Inc. Tax -Exempt Bonds Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 96-668 RESOLUTION GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF TAX-EXEMPT BONDS AND AUTHORIZING AN APPLICATION FOR ALLOCATION OF BONDING AUTHORITY. Motion carried, seven ayes. Item 6-0 Site Improvement Performance Guarantee Reductions Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 96-669 REDUCING SITE IMPROVEMENT PERFORMANCE GUARANTEE, LUNDGREN BROS./PLUM TREE (94162). Motion carried, seven ayes. Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 96-670 REDUCING SITE IMPROVEMENT PERFORMANCE GUARANTEE, CALIBER DEVELOPMENT CORP./NORTHWEST BUSINESS CENTRE (95131). Motion carried, seven ayes. Regular Council Meeting December 4, 1996 Page 5 Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 96-671 REDUCING SITE IMPROVEMENT PERFORMANCE GUARANTEE, CONSTRUCTION ANALYSIS AND MANAGEMENT INC. (CAM)/KINDERBERRY HILL 96007). Motion carried, seven ayes. Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 96-672 REDUCING SITE IMPROVEMENT PERFORMANCE GUARANTEE, PRIME BUILDERS INC./HICKORY HILLS VILLAS (94091). Motion carried, seven ayes. Item 6-P Hard Court - Maple Creek Park Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 96-673 APPROVING BASKETBALL COURT FOR MAPLE CREEK PARK. Motion carried, seven ayes. Item 7-A Vacation of Easements in Parkers Lake Corporate Center 7" Addition Public Works Director Moore presented the staff report on the request for vacation of drainage and utility easements in Outlot A, Parkers Lake Corporate Center 7`h Addition. He recommended approval of the vacation request. Mayor Tierney opened the public hearing at 7:50 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Anderson, seconded by Councilmember Preus, to adopt RESOLUTION 96-674 AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS IN OUTLOT A, PARKERS LAKE CORPORATE CENTER 7TH ADDITION. Motion carried, seven ayes. Item 7-B Vacation of Larch Lane Right-of-way Public Works Director Moore presented the staff report on the request of Betty Aldridge, 12215 24`h Avenue North, for vacation of Larch Lane right-of-way at the southeast corner of 24`h Avenue and Larch Lane. The request for the vacation was made as the result of a home and fenced yard encroachment onto the right-of-way for Larch Lane. He said that street easements were previously granted on the west side of Larch Lane over Lots 1, 2, and 3, Block 7 in Elmhurst Addition. With these easements, the right-of-way would still be at 33 feet wide adjacent to the Aldridge property which would be the same width as the remainder of Larch Lane. Regular Council Meeting December 4, 1996 Page 6 Mayor Tierney opened the public hearing at 7:53 p.m. Mark Reichel, 2320 Larch Lane, said the home existed before the paved street was installed in 1966. He said there is a sight line problem when driving down Larch Lane because of the street angle. He said an easement is needed to realignment the street at some time in the future. This street is very narrow, and there are no curbs or storm drainage. Mr. Reichel said that he has asked staff when this street will be part of the Street Reconstruction Program. He was informed that the street is not going to be done as part of that program because the street was not built to standard. He said that granting this easement will make it either impossible or more expensive to widen Larch Lane in the future. He said that Larch Lane residents have been paying taxes for street reconstruction and they have not received the benefit. Rob Metcalf, 430 Pillsbury Center, Minneapolis, represented the petitioner. He said the Engineering Division has recommended approval of the vacation. The comments made by Mr. Reichel may be accurate, but have no bearing on the vacation request because sight lines, drainage, and cul-de-sacs are issues that can be separately petitioned and considered by the City. He said that this is not a highly traveled area and the street is adequate for usage. Public Works Director Moore agreed that some of the issues have no bearing on this vacation request. The streets, sewer, and water were installed in the early 1960's in this area. The area was platted in the early 1900's for cottage lots, and the narrow lots and rights -of -ways have existed since that time. He said the Aldridge home was originally built in the street right-of-way rather than on private property. Plymouth was a village at that time and there were not as many regulations. Director Moore said the proposed vacation would have little future impact on an attempt to straighten the intersection. The major portion of right-of-way would have to be purchased from abutting property owners. He said that all of the streets in the City will be reconstructed at some point under the Street Reconstruction Program, based on the street rating system conducted every two years. When the streets are reconstructed, it is likely that complete street, storm sewer, curb and gutter would be installed. Councilmember Anderson asked why a 1" bituminous surfacing was recently installed on Larch Lane and about the right-of-way width. Public Works Director Moore responded that the bituminous was installed as part of street maintenance program -- not reconstruction. The right-of-way is 33' wide. A typical right-of-way would be 50' wide. Regular Council Meeting December 4, 1996 Page 7 Councilmember Wold expressed concern that Mr. Reichel was informed by staff that his street is not part of the Reconstruction Program. Councilmember Lymangood asked if a portion of the area proposed to be vacated could be needed for right-of-way in the future if the intersection were realigned. Director Moore responded that a small portion of the area to be vacated could be needed. However, it would be difficult to change any elevations or road patterns in the area. Councilmember Lymangood suggested that the City could vacate only the portion of the right-of-way southerly of a particular mark so that any future right-of-way would be retained by the City. Director Moore said this could be done by directing staff of the intent so that a new legal description can be prepared for the area to be vacated. In response to a question by Councilmember Black, Director Moore said that the property owner would have to pay the fee for preparation of the new legal description since a vacation is being requested. Mayor Tierney said that if a portion of property were needed in the future by the City for right-of-way, the City would be obligated to pay for the survey work. She questioned whether the property owner should be required to provide the time and money for the legal description preparation. The public hearing was closed. Councilmember Lymangood asked if the property owner would approve of the City vacating only the right-of-way southerly of a certain point, with the property owner granting the City the land north of that point for possible future use in realigning the intersection. Mr. Metcalf said he would need to consult his client. The client may be reluctant to do so. He suggested that the vacation could be granted as requested, with the property owner granting the City an easement for the northerly area. The property owner would not be losing any property, and the City would have rights for future street realignment. He said the property owner would like the vacation accomplished as economically and expeditiously as possible. Regular Council Meeting December 4, 1996 Page 8 Attorney Knutson compared the option presented by Mr. Metcalf to the vacation proposed by the City. He advised that there would little reason to vacate the right-of-way and then have the property owner convey an easement to the City. The City already has a portion of the right-of-way in which to do future realignment work. Councilmember Anderson asked if the City would ever reasonably anticipate straightening the street in this area. Director Moore said that it would be very difficult to change the street patterns. There are driveways entering the street at many angles and grades. Councilmember Black objected to requiring that the property owner go through additional costs for surveying and preparing legal descriptions because it seems unlikely that realignment would occur in the future. Motion was made by Councilmember Wold, seconded by Councilmember Preus, to adopt RESOLUTION 96-675 AUTHORIZING THE VACATION OF PART OF LARCH LANE RIGHT-OF-WAY IN ELMHURST, HENNEPIN COUNTY, MN. Motion carried, five ayes; Granath and Lymangood nays. Item 8-A Henry Lazniarz, Ferndale Place Addition (96038) Community Development Director Hurlburt presented the staff report on the request of Henry Lazniarz for rezoning and preliminary plat approval for Ferndale Place located at the northeast corner of 12`h Avenue and Ferndale Road. The rezoning requires a 5/7 vote of the City Council. This item was on the November 6 Council agenda and tabled to November 20 because the applicant submitted a revised plan. Staff has determined that the plan meets all City requirements. The item was tabled from November 20 to this meeting in order for the Public Works Director to report to the Council on drainage issues in the larger area in which this property is located. Public Works Director Moore explained that the majority of the drainage on the site meets at a point north of Hadley Lake and then drains to the lake. The proposed plan is to reestablish the original drainage system that existed before the area to the north was filled for development several years ago. The volume of water flowing to the pond will increase, but the rate of runoff will not increase. Councilmember Black asked if the area to the north, where 13,000 cubic yards of fill was installed in the 1980's, is lower that the Lazniarz development area. Regular Council Meeting December 4, 1996 Page 9 Director Moore responded that the area to the north is about a foot lower than the Lazniarz property. The pond to the northeast is about six feet lower that the current development site. Councilmember Anderson asked if the retention pond to be constructed at the northwest portion of the site will have an outflow pipe. Director Moore said yes. Water will flow from the pond northeasterly to a larger pond off of the site. Manager Johnson asked if water could seep from the NURP pond and whether a liner should be required to avoid seepage. Director Moore stated that the pond must be designed to hold water by use of either a clay liner or sealer. Councilmember Black referenced the 1960 topographic map and asked about the lot to the south of the parcel. Director Moore said that the lots to the south were graded down at the time 12"' Avenue was constructed. This was done as part of the development and not by the City. Councilmember Preus asked how much of the water runoff from the Lazniarz development would go northeasterly and how much would flow southerly. Director Moore responded that only a very small portion of the water runoff would drain southerly to 12`'' Avenue. The majority of water would flow northerly toward the pond. Councilmember Preus said that when the wetland at County Road 6 and Ferndale Road was filled, one resident immediately had problem with basement flooding. He understands that under the clay soil, water could be flowing in a different direction than the surface water. He has some concerns about whether this development could worsen that problem. Director Moore said that the area is generally dense clay soil, but sand seams can be found intermixed with clay layers. If sand seams are encountered while the pond is constructed, they would be required to be sealed. Regular Council Meeting December 4, 1996 Page 10 Motion was made by Councilmember Black, seconded by Councilmember Granath, to adopt ORDINANCE 96-28 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LAND LOCATED AT THE NORTHEAST CORNER OF 12TH AVENUE AND FERNDALE ROAD 96038), and RESOLUTION 96-676 APPROVING PRELIMINARY PLAT FOR HENRY LAZNIARZ FOR FERNDALE PLACE LOCATED AT THE NORTHEAST CORNER OF 12TH AVENUE AND FERNDALE ROAD (96038). Mayor Tierney noted that a condition of the resolution is that site grading and installation of public improvements shall not commence prior to Council approval of the final plat and development contract. Councilmember Black said that she has been talking with residents about the area drainage issues. It is difficult to resolve these issues after development has occurred. She would like to continue to work with residents and develop ways to resolve future similar issues. Councilmember Lymangood suggested that the last sentence of Condition 2 of the resolution be clarified to read: "The rate of runoff post -development shall not exceed the one, five, ten, 25, 50, and 100 year storm events of pre - development conditions." Councilmember Black accepted the language change as a friendly amendment to the main motion. Councilmember Preus supported the change. He believes that drainage problems in the area will continue to worsen if not addressed. Councilmember Wold thanked Councilmember Black for her work on this issue. He looks forward to finding ways to deal with future similar issues in an efficient fashion. Motion carried, seven ayes. Item 8-11 MEMBERSHIP DUES IN LEAGUE OF MINNESOTA CITIES Motion was made by Councilmember Preus, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-677 APPROVING 1996-1997 MEMBERSHIP DUES IN LEAGUE OF MINNESOTA CITIES. Councilmember Preus said that this resolution includes a provision requesting the League of Minnesota Cities (LMC) to consider reimbursing its board Regular Council Meeting December 4, 1996 Page 11 members for registration fees, travel, lodging, and other expenses incurred in attending the National League of Cities conference. He believes that there is greater benefit to the League than to the individual city when a LMC board member attends the National League of Cities conference. Mayor Tierney said the LMC currently reimburses up to $100. The reimbursement issue has been considered by the LMC, and attendance by LMC board members is not mandatory at the National League of Cities conference. Councilmember Lymangood said that this provision of the resolution simply requests that the LMC consider the issue. Councilmember Black spoke in support of the motion. She said that when the Council considered approval of expenses for the Mayor's attendance at the National League of Cities meeting, there was no written justification on the benefit to the City. She did support the request for City reimbursement of costs, but believes that the request for LMC reimbursement is reasonable. She has often had conference cost -share arrangements in her job. Councilmember Preus said he is aware that LMC reimburses the costs up to 100. However, the City makes a payment of over $17,000 each year to the LMC and they should consider making cost reimbursement for their board members. Mayor Tierney said that she did not request reimbursement of travel expenses for the National League of Cities meeting. A request that the LMC reimburse those costs is beyond what she requested that the City reimburse. Councilmember Preus said the arrangements should still be done as economically as possible. He is just asking that the LMC consider the reimbursement issue. Councilmember Granath said the City is a participating member in the LMC and the request is reasonable. Motion carried, seven ayes. Regular Council Meeting December 4, 1996 Page 12 Item 8-C PAYMENT OF INSURANCE DEDUCTIBLE FOR DEFENSE COST Motion was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 96-678 AUTHORIZATION OF PAYMENT OF INSURANCE DEDUCTIBLE TO LEAGUE OF MINNESOTA CITIES INSURANCE TRUST. Motion carried, seven ayes. Item 8-D Subcommittee to consider Assessment Policy for Street Reconstruction The Council considered establishment of a Subcommittee to consider the Street Reconstruction Program Assessment Policy. Councilmember Lymangood suggested that this item be considered along with Item 8-E by the Subcommittee making recommendations on commission and council coordinating representative appointments. Councilmember Preus said the proposed resolution would establish a Subcommittee consisting of Councilmembers and citizens, while Item 8-E relates primarily to citizen appointments. He reminded the Council that the intent was to get commission members appointed as early as possible for 1997. Motion was made by Councilmember Lymangood, seconded by Councilmember Anderson, that Item 8-D, recommendation on establishment of a Subcommittee to examine the Street Reconstruction Assessment Policy, be added for consideration with Item 8-E. Motion carried, seven ayes. Item 8-E Subcommittee for Board and Commission Appointment Process Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-679 APPOINTING CITY COUNCIL SUBCOMMITTEE TO INTERVIEW FOR COMMITTEE AND COMMISSION VACANCIES ON DECEMBER 16,1996, AND TO APPOINT COUNCIL COORDINATING REPRESENTATIVES AND OTHER APPOINTMENTS, with appointment to the Subcommittee of Councilmembers-elect Spigner, Johnson, and Bildsoe; Mayor Tierney; and Councilmembers Preus, Granath, and Wold. Councilmember Preus asked why the Subcommittee would also consider making recommendations on the Council Coordinating Representatives. Mayor Tierney said that she favors the Subcommittee receiving the input from interested Councilmembers and making a recommendation on representatives to avoid any potential conflict with the Open Meeting Law. She said that it Regular Council Meeting December 4, 1996 Page 13 could be a violation if several Councilmembers discuss which boards they with to serve on when the discussion is not held at an official meeting. Councilmember Wold questioned the Mayor's comments. Mayor Tierney responded that she does not believe there is deliberate intent to violate the Open Meeting Law, but conducting the appointment discussion at a Subcommittee meeting would avoid any potential problem. Manager Johnson said the last few years, staff has surveyed Councilmembers as to their interest in serving as liaisons to various commissions and agencies. The survey could still be conducted and then considered by the Subcommittee. Councilmember Lymangood said that has been.an open process in the past and Council responses to the survey as public knowledge. Councilmember Anderson said that at no time in office has he discussed these issues with three or more Councilmembers. Mayor Tierney said her concern originated during the previous council coordinating representative appointment process when she received the information and made a recommendation for appointments. Councilmember Preus said that for the previous year, he was queried by staff as to his interests, but did not speak with other Councilmembers about the issue. He said that these appointments are to be made by the City Council; not the Mayor. Mayor Tierney said that staff historically did the research and survey, but the Mayor made the recommendations when they came to the Council for a decision. Councilmember Preus said that the decision and responsibility for appointments should rest with the Council as a whole and not the Mayor. Motion carried, seven ayes. Item 8-F Joint Use Agreement with District 281 for Armstrong Gymnasium Manager Johnson said that in 1995, the Youth Sports Task Force commissioned by the City Council studied a broad range of recreational facility needs in the City. The final report, adopted by the Council on November 21, 1995, stated that four additional gym courts are needed after the construction of the Wayzata High School gyms to meet current needs and a Regular Council Meeting December 4, 1996 Page 14 predicted 25 percent increase in future needs. Discussions with District 281 officials verified that the ideal location for a joint use gym facility would be at Armstrong High School. Ninth graders have a physical education requirement. Ever since ninth graders began attending the school, the school has been short of gym space during the school day. The City's needs for additional gym space fall largely on evenings and weekends. The opportunity to work together to meet both needs was clear. Manager Johnson said the proposed agreement with the School District states that the City will provide $1.3 million from its existing Tax Increment Funds to District 281. The District agrees to spend the funds for a gymnasium addition to Armstrong High School that will serve both their programs and the general citizenry of Plymouth. School District 281 will provide: 1) the land; 2) all building operating and maintenance expenditures; 3) $190,000 of capital for the project; 4) storage space for City/community recreation programs; and 5) management of the overall project. He recommended approval of the resolution authorizing an agreement with School District 281. Motion was made by Councilmember Lymangood, seconded by Councilmember Granath, to adopt RESOLUTION 96-680 APPROVING A JOINT USE AGREEMENT WITH INDEPENDENT SCHOOL DISTRICT 281 FOR THE DESIGN, CONSTRUCTION, OEPRATION, MAINTENANCE AND USE OF A GYMNASIUM ADDITION TO ARMSTRONG HIGH SCHOOL, AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT. Councilmember Lymangood described the process that resulted in this positive joint endeavor. The City and School District will get maximum use out of the joint facilities. He said this is comparable to the agreement the City has with District 284 for extra gym space at Wayzata High School. In response to questions by Councilmember Anderson, Manager Johnson explained the proposed use of Tax Increment Funds for the project. He said that a portion of the funds result from the school district's excess levies that have been voted in over time. He estimated that the project would cost 10 to 20 percent more if the City had to provide the site cost, parking, and operating costs. Councilmembers Black and Granath thanked Councilmember Lymangood for his work with the school district on this project. Regular Council Meeting December 4, 1996 Page 15 Item 9-A Report on Mitigation Noise from Ameridata City Manager Johnson presented an update on neighborhood complaints against Ameridata. A meeting was held on November 17 and two options were discussed: 1) a cash settlement for each family from McCleary and Ameridata and a decorative fence and landscaping to be provided by the City in return for an easement on the affected properties allowing Ameridata to operate within state noise standards and to obtain a legal waiver of claims; and 2) construction of a 20 -foot high, 300 -foot long noise wall. The neighbors saw pros and cons to each of the options, but preferred the first option. However, they did state that the second option would be acceptable if there was agreement in principle that a wall would be constructed. It was generally agreed that constructing a wall would be a more permanent solution to the problem than the cash settlement. However, a 20 -foot high wall may cost substantially more than the cash settlement. Based on information received from the Minnesota Department of Transportation, an $81,000 cost is estimated for the noise wall. Manager Johnson said that another meeting is proposed to finalize the details of a preferred option. Until the issue is resolved, staff will continue work on the noise ordinance options and violations. He said the City has not represented that it would pay for the noise wall -- only that it would participate in decorative fencing or landscaping. Councilmember Black said the shift in the neighbors' initial inclination to support the decorative fence and landscaping relates to the proposed waiver and release language and uncertainty of what Ameridata may propose. One of the conditions appears to be less strict than state law, and all issues need to be more fully explored. The neighbors have now indicated that a noise wall would be a better long-term solution. Councilmember Anderson said he would not favor the first option because payment could be made to the current property owners, but subsequent property owners could start the entire process again. He would favor a more permanent solution. Councilmember Black concurred with finding a permanent solution to the problem. She said that the option of a noise wall may require some financial outlay by the City, and this could be precedent -setting. Councilmember Lymangood suggested that the waiver and release language could be extended to the City to avoid future problems. Councilmember Anderson agreed that the City should be included in any type of agreement; however, a future situation could still occur where a new owner Regular Council Meeting December 4, 1996 Page 16 argues that the settlement payment made to the previous owner was not sufficient. Attorney Knutson verified that this could occur. Councilmember Anderson said the history on this problem is detailed. He would like to see a creative solution in order to permanently resolve the issue. Councilmember Black said it is her intention that the issue be resolved before spring. The residents have lived with the problems for two years. She has reservations with respect to the proposed sound wall. The quality that an 81,000 sound wall would provide needs to be determined. Councilmember Wold viewed this as a unique problem that needs a unique solution. This includes City involvement to permanently resolve the issue. Item 9-11 Letter regarding Charter Commission Terms of Office Councilmember Preus referenced a letter written by Robert Sipkins, Vice Chairperson of the Charter Commission, to the District Court Chief Judge regarding a possible resolution to creating staggered terms for the Charter Commission members. He said that the Charter Commission and City Council essentially agree on a potential solution and asked whether the City Council should also notify the Judge that the City Council concurs with Mr. Sipkin's proposal. Manager Johnson said that the City Council will be notified when the Charter Commission makes an official request of the Chief Judge. The Council could take supporting action at that time. Assistant City Manager Lueckert said the Charter Commission will meet on January 6 to finalize the details on the request for shortening Charter Commission terms in order to achieve staggered terms on the Commission. Mr. Sipkins will draft the proposed order with assistance from the City Attorney. The City Council could then join in supporting the order. Councilmember Preus requested that this issue be placed on the January 8 agenda. Mayor Tierney reported that four current Charter Commission members have indicated their willingness to vacate their seats in July if the process for shortening terms is approved. Regular Council Meeting December 4, 1996 Page 17 Item 9-C Star Tribune Article on Community Centers Councilmember Anderson referenced a recent Star Tribune article discussing community centers in the area. The article indicated that Plymouth's joint project with Life Time Fitness is unique and cost effective. Item 9-1) City -owned Property at Vicksburg Lane and Highway 55 Councilmember Lymangood requested that information relating to the condemnation action on the property at Vicksburg Lane and Highway 55 be forwarded to Councilmembers Black, Preus, and Wold. He asked that this information be updated to include legal expenses, and that all 1997 councilmembers be provided with the cumulative cost to the City of the condemnation award, legal expenses, lost property taxes, and lost interest earnings relating to this property. Item 9-E Recognize actions of Police Officer Councilmember Lymangood asked Public Safety Gerdes to comment on the recent actions of a police officer who prevented a burglary crime in Plymouth. Public Safety Director Gerdes explained that following a series of events on November 17, Police Officer Kuklok was checking a business. He identified two individuals in the area of the business and apprehended one of the individuals as they fled. The case is still under investigation. The business owner sent the City a letter commending the police officer for his actions. Director Gerdes recognized the officer for his efforts. Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to adjourn the meeting at 9:48 p.m. Motion carried, seven ayes. 64., City Clerk