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2000-04-18 MINUTES - MOUND COMMITTEE OF THE WHOLE -APRIL 18, 2000 The Committee of the Whole for the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 18, 2000, at 7:30 P.M., in the Council Workroom at 5341 Maywood Road, in said City. Those present were: Councilmembers: Andrea Ahrens, Bob Brown, Mark Hanus, and Leah Weycker. Absent and excused: Mayor Pat Meisel. Also in attendance: City Manager Kandis Hanson, Acting City Manager Fran Clark, City Planner Loren Gordon, Financial Advisor James Prosser, and Secretary Sue McCulloch. Others present: Peter Meyer. Acting Mayor Hanus welcomed those present and opened the meeting at 7:33 p.m. 1.0 DETERMINATION OF ROLES IN COAST TO COAST (MOUND FAMILY HARDWARE) PROJECT. Gordon stated the City is continuing to work on a developer's agreement with the Dodd's for their new Mound Family Hardware store, and it is now time to address platting issues. He stated there would be a land swap between the Dodd's and the City. The City will transfer a portion of existing municipal parking lot to the Dodd's in return for the existing Coast to Coast store site. To date, staff has a general understanding of where the new property line should be established and are working to finalize its location. Gordon stated as a component of the development approval, the property would need to be replatted through the major subdivision process. He stated because of the City's land interests in the development, the Council needs to determine its role. One option would be to have the Dodd's make the application and prepare the platting documents. This would place the City in a more of a reactive review role to their submittal information. A second alternative is for the City to be the applicant. Gordon stated in this case, Staff would suggest that the City assume the role of the applicant. He stated this is the best approach because of the City's interest in land and the accurate and available survey information prepared by MFRA last fall, and the ability to better guide the plat preparation. He stated with either of the two scenarios, he would suggest that the costs of platting would be shared by the Dodd's and the City based on land area. This would include all aspects from application, plat preparation and review, to filing. Councilmember Ahrens asked if there will always an interest in the land in these cases. Mr. Prosser stated there would be probably an indirect interest at all times. He further stated this case is much different than most because of the City's ownership of one of the parcels. 295 CITY OF MOUND - COMMITTEE OF THE WHOLE MINUTES - APRIL 15, 2000 Councilmember Brown mentioned the people of downtown Mound currently think the City Council is favoring the Dodds over any other business owner. He is concerned about taking this project on as the applicant because of the perception. Acting City Manager stated the upcoming newsletter will be distributed very soon and this will have information that will answer a lot of questions the business owners may have about their property and other downtown property. She further stated the Dodd's case is unique because of the City owning the property it does. Councilmember Brown mentioned there is a perception by the public that the City Council is not being fair to all businesses of Mound. Councilmember Ahrens asked if the Dodd's approached the City or did the City approach the Dodd's regarding their property. Gordon stated the City approached the Dodd's because the Dodd's were proactive and stepped up to negotiate with the City before a developer's agreement existed. Acting Mayor Hanus stated now there is a preliminary developer's agreement and the businesses need to approach the developer; and in the people's eyes it might appear this is not fair. Councilmember Weycker asked about advantages of the City being the applicant versus the Dodd's in this case. Gordon stated the materials would be duplicated causing unnecessary effort and costs on the Dodd's part. Councilmember Ahrens stated it appears the best option for the City would be to be the applicant. Gordon agreed. Mr. Prosser stated it would be also in the City's best interest to wait and plat this property until all issues have been worked out, such as easement issues and just knowing exactly what would be situated where. Councilmember Brown stated at the previous Planning Commission meeting, the Planning Commission stated they would appreciate getting zoning and variance issues in a timely manner. Acting Mayor Hanus would like to accommodate the Planning Commission's request, although the City of Mound does not have this luxury because of timing issues involved. He further stated if the Planning Commission reviewed everything, this would slow the process down, thus slowing the entire project. Mr. Prosser asked what actions would the Planning Commission need to take regarding the redevelopment. Gordon stated there would be a variance issue and the major subdivision. Acting Mayor Hanus stated there is an incorrect perception of what the Planning Commission would like to do versus what the Planning Commission really needs to do in their role. Mr. CITY OF MOUND - COMMITTEE OF THE WHOLE MINUTES- APRIL 18, 2000 Prosser stated the Planning Commission's role is governed by State Statutes and may need to be reviewed with the Planning Commission. The Acting City Manager stated the Dodd's would like to be moved in by November 1, 2000. Councilmember Brown stated he as well as the other members of the Planning Commission would appreciate more than one night to look over the proposal. Councilmember Ahrens stated the City Council has not seen some of the proposals yet either. Acting Mayor Hanus stated by State Statute the Planning Commission did not need to look at the post office sites; it was a considerate gesture by the City Council to have the Planning Commission's input. Acting Mayor Hanus was displeased to hear Mr. Chamberlain received a lot of grief from the Planning Commission regarding the post office and stated this was quite inappropriate. He further stated he would like the Planning Commission involved as much as possible. Councilmember Brown stated he is concerned that the people of Mound will start getting the impression the Planning Commission's recommendations are not very effective. Acting Mayor Hanus further stated the City has made it quite clear we are on a fast track. The City Council will do everything they can to keep the Planning Commission involved, but they will not jeopardize the project's schedules. Councilmember Weycker suggested inviting the Planning Commission when the proposal is presented to the Council or HRA so beth are reviewing it simultaneously. Mr. Prosser stated the developer's agreement needs a 40-60 day review process before being approved. He stated during this time the Planning Commission could review it with an understanding of what their legal responsibilities are according to State Statute. It was agreed the City Attorney would need to review this issue with Planning Commission. Mr. Prosser further suggested there could be a format showing statute authority versus input the City Council may want from the Planning Commission. The City Planner suggested this would be a better means of communication and felt this process would be a good idea. He further suggested having it graphed out properly for the Planning Commission with the scheduled timelines and deadlines. Mr. Prosser stated it is important to understand that every city goes through the same frustrations as the City of Mound is encountering. Mr. Prosser stated this is very difficult time period and it does have an impact on people. He stated the City of Mound needs to reduce the negative impacts by showing the long-term goal and hopefully the long-term goal CITY OF MOUND - COMMITTEE OF THE WHOLE MINUTES- APRIL 15, 2000 will outweigh the negative impacts. Mr. Prosser suggested using a communications specialist, like Jill Schultz, who specializes in this type of communications. I-Ie further suggested everything needs to be made quite clear to the public, whether it will make them happy or not. This way, the public will know the City is being honest about this project even though they might not agree with all aspects. Acting Mayor Hanus further suggested another problem the City will encounter would be with TIF. Citizens and other business owners may find out that some individuals get more TIF than others and to explain there is no rhyme or reason to determine this result, could frustrate many persons. The City Manager stated there is no way to guarantee fairness in these types of projects. She stated these projects need to be handled on a case-by-case basis and the standards applied equally as they occur. The City Manager asked what percent of local contribution is required for the City of Mound regarding this project. Mr. Prosser stated it would be about 5 percent. Mr. Prosser further stated the City Council needs to remember two items of expense will include a new well and the realignment of County Road 15. The City Manager mentioned the newsletter as a good means of communication to the public concerning TIF and other concerns. Mr. Prosser stated a briefing book would be another means of communication. Councilmember Ahrens suggested since this process has been completed in many cities, why isn't there not a book that other cities could use when dealing with similar situations. Mr. Prosser restated Jill Schultz is a good candidate for presenting good communication to the people of Mound. He further suggested possibly using some of Richfield's information to help with some problems, but he stated every city is unique and they like to make their own means of communication. Acting Mayor Hanus asked about specifics of the swap with Mound Family Hardware The City Planner provided the Council with a diagram of the project. Acting Mayor Hanus asked if the City is going to consider land value at this time with the Dodd's. Mr. Prosser stated this is a waste of time. Mr. Prosser stated, rather, a rate of return analysis was performed. He stated this is the simplest way of figuring out this issue. 295 CITY OF MOUND - COMMITTEE OF THE WHOLE MINUTES - APRIL 18, 2000 Acting Mayor Hanus asked what the status of the project is after the developer's agreement is signed but before the plans are approved. Mr. Prosser stated development is subject to getting approvals and there is risk involved. He further stated this is a very customary risk. Councilmember Weycker asked if there are building issues, would these be worked out appropriately? The City Planner stated yes. Mr. Prosser stated the Dodd's, for not being developers, have been very conscientious. He further stated they have performed very well and have done their homework, which include estimates, going to the bank, putting building plans together, etc. Mr. Prosser suggested again the filing of the replatting of this property wait, but he would appreciate the City Council responding tonight if the replatting process should be done by the Dodd's or the City. Acting Mayor Hanus suggested this matter be sent to the Planning Commission for review. Acting Mayor Hanus asked if this replatting could be done concurrently with the developer's agreement approval process. Mr. Prosser stated yes. Acting Mayor Hanus asked about the Mueller property in the downtown redevelopment location. The City Planner stated the City Attorney has looked at the property and it has been replatted but it has not been filed. He further stated an extension already occurred once on the filing of the plat. The City Planner is aware that Mueller, Sr. would probably need to give up some property for the County Road 15 realignment project. Councilmember Brown stated according to Mueller, Jr., he is handling Mueller, Sr.'s affairs. The Acting City Manager suggested getting in touch with Mueller, Sr., regarding his property in the downtown redevelopment location. Councilmember Brown suggested the Planning Commission's big concerns regarding the redevelopment are zoning and the major subdivision, and they are concerned there may not be enough time to .review these materials as detailed as they would like to review them. Acting Mayor Hanus agreed there might not be enough time, so the Planning Commission will need to start acting very quickly in the future regarding projects concerning redevelopment. Councilmember Ahrens agreed that the City should act as applicant but this process should not begin quite yet. Mr. Prosser agreed. Acting Mayor Hanus also suggested creating a timeline for the Planning Commission that would help them understand the deadlines of the project more and give them a "heads-up" concept regarding the redevelopment. Mr. Prosser agreed. CITY OF MOUND - COMMI1TEE OF THE WHOLE MINUTES - APRIL 18, 2000 The City Manager restated the November 1, 2000, date for the Dodd's to open their store is a must because it is peak a season for him. She stated the City needs to use November 1, 2000, as the final date and then back up the deadlines from that point. This theory also applies to the June, 2001, opening of the post office. Councilmember Brown suggested a recommendation to have the City act as the applicant and a timeline of the whole visions project created showing a "heads-up" concept for the Planning Commission that would also assist the City Council as well. Acting Mayor Hanus suggested a chart of some sort. 1.1 PROCEDURE FOR DEALING WITH HASBRO VACATION APPLICATION. The City Planner stated Hasbro has been named in the chain of ownership and is responsible for this property. He further stated Hasbro appears to be wanting to be a good corporate citizen by cleaning up this property. As a result, the City Planner mentioned Hasbro needs to mitigate this property and would like to construct a wetlands. The City Planner further stated this is the first time their facility is considering this type of action in any location in the United States. Evidently the Watershed has approved this process and are being proactive. The City Planner stated in order for Hasbro to consider this location as a wetland, they are going to need ownership of plated Morton Lane, which the City owns, and ownership of the channel as well. He stated this wetland would be a pond that will act on its own. The City Planner explained the pond Hasbro would like to create would have the chemicals in the property that are under ground, seep into the pond and rid the ground of the contaminants. The City Manager asked how long the test wells have been in place and the City Planner stated 10 years. The City Planner stated there is one more concern with this process. He stated the DenBeste property is linked to this project because it abuts the channel and DenBeste is in the process of selling this property to Steve Coddon and will close on this property in June. Mr. Coddon is planning to build twin homes on this property. The City Planner further stated the attorneys have been working with DenBeste and encouraging her to sign off on a vacation because Hasbro would need this land next to the channel at the south end to complete the pond for the mitigation process. Den Beste evidently does not want to vacate the property because of the purchase agreement, and Mr. Coddon may want this channel as part of his property for the homes he is planning. CITY OF MOUND - COMMITTEE OF THE WHOLE MINUTES - APRIL 18, 2000 Acting Mayor Hanus asked how much property Hasbro will need to make this pond workable? Would Hasbro need the channel on the Dan Beste property or is Morton Lane enough? The City Planner stated the figures are close. Acting Mayor Hanus further stated he would like to retain some interest or ability to use the pond for storm water in the future. Councilmember Brown asked if there is a possibility the location of this possible pond could be made into a l~ocal skating pond with a warming house. The City Planner suggested this would be a park role. He is assured that this Hasbro property does need to be cleaned up. The City Planner stated a meeting has been scheduled for Monday, April 24, 2000, where all commissions, including City Council, have been invited to an educational meeting presented by Hasbro and their engineering firm Barr. The Acting City Manager recommended all members be present on Monday, April 24, 2000, to discuss this issue further. 1.2 BRUSH AND LEAVES DROP OFF. The Acting City Manager stated a brush and leave drop-off site has not been picked at this time so she is suggesting it be the following two weekends after the May 6, 2000, spring clean-up. She further stated the process of dumping off brush and leaves will be the same procedure as past years. The consensus agreed to have the brush and leave drop-off the following two weekends after the May 6, 2000, clean-up. 1.3 SALARIF$ OF THE CITY COUNCIL. Councilmember Brown recommended the Councilmembers and Mayor receive a $100 increase for the year 2001. The consensus agreed with this direction. 1.4 PREVIEW OF THE UIN2OMING NEWSLETTER, The Acting City Manager mentioned this newsletter is full of great information that will give the public the questions and answers they are looking for on the redevelopment process. Peter Meyer noted that the map in the newsletter for the Langdon District is not correct. Acting Mayor Hanus agreed with Mr. Meyer and stated the map depicts the an area south of the Langdon District. The Acting City Manager will correct this error. CITY OF MOUND - COMMITTEE OF THE WHOLE MINUTES - APRIL 18, 2000 Councilmembcr Ahrcns stated thc cable station will be airing Mound's Vision Project this coming Saturday. MI$CELLANF. DUS ITEMS. 1.5 WOODLAND POINT SETTLEMY~, Councilmember Ahrens brought up some items of concern with the LMCD and the City of Mound regarding Woodland Point settlement. These would include: 1. The LMCD's attorney and the City's attorney, Karen Cole are from the same firm; 2. The proposed dock's are set up as'T's'and Greg Nybeck stated the City would have to open up its entire license if the City were to have "T" docks. Councilmembers Ahrens stated the attorney conflict can be resolved, the problem with the t's on the docks would likely to be discussed on the second Wednesday in May by the LMCD. Councilmember Ahrens stated there will be a schedule going to all of the Woodland Point individuals showing the changes that will be occurring and if the above concerns cannot be resolved, then legal counsel may need to step in. 1.6 PLANNING COMMISSION Councilmember Brown stated Geoff Michael was displeased because he did not hear a reply from the City Council regarding his letter he sent regarding the Hewitt case. Acting Mayor Hanus stated he read the letter in a way that a reply was not needed; but he would be happy to respond knowing now Mr. Michael does want a response. Acting Mayor Hanus agreed to give Mr. Michael a telephone call regarding this concern. Councilmember Weycker did state that the Hewitt case was completely changed and then approved by the City Council, but it was not approved with the way the case was originally presented and denied by the Planning Commission. 1.7 PEMBROKE DOCK ISSUE Councilmember Brown stated he received a phone call from Jon Miller who lives in the Pembroke neighborhood and has been on the waiting list for quite some time to move from Centerview Beach to the Pembroke area. Mr. Miller's biggest complaint is that Mr. Watson has three docks at the Pembroke site. CITY OF MOUND - COMMITTEE OF THE WHOLE MINUTES - APRIL 18, 2000 1.8 WESTONKA HEALTHY COMMUNITY COLLABORATIVE Councilmember Weycker asked if a Council representative could attend the Collaborative's meeting. Councilmember Brown stated he would attend as the City's behalf. Councilmember Weycker will also be in attendance as a representative of the Collaborative. 1.10 ADJOURNMENT, MOTION by Ahrens, seconded by Weycker, to adjourn at 9:20 P.M. The vote was unanimously in favor. Motion carried. 4-0. Francene C. Clark, Acting City Manager Attest: Council Secretary