HomeMy WebLinkAboutCity Council Minutes 07-24-2001Adopted Minutes
Regular Council Meeting
July 24, 2001
A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00
p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on July 24, 2001.
COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Harstad, Black, Slavik, and
Stein.
ABSENT: Councilmember Johnson.
STAFF PRESENT: City Manager Johnson, Acting Police Chief Twaddle, Fire Captain Hurr,
Finance Director Hahn, Community Development Director Hurlburt, Parks Superintendent
Peterson, Public Safety Education Specialist Cwayna, Building Official Ryan, Public Works
Director Faulkner, City Attorney Knutson, and City Clerk Paulson.
Plymouth Forum
No one was present to address the Council.
Presentations and Public Information Announcements
4.1) "National Night Out"
Public Safety Education Specialist Cwayna reported on this year's annual "National Night Out"
which will be held on August 7. Currently, there are over 81 block parties registered, and the
City will again be sponsoring the Neighborhood Night Out Award of Excellence.
Mayor Tierney read the proclamation designating August 7 as "National Night Out."
Approval of Agenda
Councilmember Black stated she would like to report on County Road 47 as item No. 9.1 under
Reports and Recommendations.
Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to
approve the amended agenda. With all members voting in favor, the motion carried.
Adopted City Council Minutes
Regular Meeting of July 24, 2001
Page 2 of 10
Consent Agenda
Mayor Tierney asked if there were any additions, corrections, or deletions to be made to the
Consent Agenda.
Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to
the Consent
6.01) Regular Council Meeting minutes of July 10, 2001.
6.02) Resolution Approving Disbursements for the Period ending July 13, 2001 (Res2001-305).
6.03) Approval of Deer Management Program for 2001 (Res2001-306).
6.04) Resolution Approving 2001 Tobacco License for Paradise Coffee and Grocery, 10
Nathan Lane (Res2001-307).
6.05) Resolution Approving a Final Plat for the Terranova for "Toni Sikes Addition: for
Property located south of 6th Avenue and west of Pineview Lane (99062-F-Res2001-308).
6.06) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment for Delinquent Water, Sewer, Recycling and Street Lighting Service Charges
Res2001-309) and a Resolution Calling for Public Hearing on Proposed Assessment for
Delinquent Water, Sewer, Recycling and Street Lighting Service Charges (Res2001-310).
6.07) Resolution Approving a Site Plan Amendment to install a Propane Standby System for
Plymouth Creek Activity Center and Field House (2001057 — Res2001-311).
6.08) Resolution Awarding Contract to Palen/Kimball for Energy Cost Reduction Project
Res2001-312).
6.09) Resolution Approving Plans and Specification and Ordering Advertisement for Bids for
Plymouth Boulevard Parking Bays and Bituminous Overlay Improvements (1002 - Res2001-
313).
6.10) Resolution Awarding Bid for City Center Area Street Lighting Improvements (9020 —
Res2001-314).
6.11) Resolution Approving Change Order No. 4 for Lift Station No. 2 Renovation (8030 —
Res2001-315).
Adopted City Council Minutes
Regular Meeting of July 24, 2001
Page 3 of 10
6.12) Resolution Approving Change Order No. 1 for NC -15 Trunk Sanitary Sewer and
Watermain (9914 — Res2001-316).
6.13.1) Resolution Reducing Required Financial Guarantee for Holly Creek SecondAddition
93096 — Res2001-317).
6.13.2) Resolution Reducing Required Financial Guarantee for Holly Creek Third Addition
94124 — Res2001-318).
6.13.3) Resolution Reducing Required Financial Guarantee for Holly Creek Fourth Addition
95027 — Res2001-319).
6.13.4) Resolution Reducing Required Financial Guarantee for Holly Creek Fifth Addition
96005 — Res2001-320).
6.14) Resolution Authorizing the Mayor and City Manager to Sign Easements in Favor of
Hennepin County (C.P. 8911) for City Owned Properties Acquired with City Project 9005
Res2001-321).
6.15) Resolution Approving an Addition to the Allocation of Positions in the Protective
Inspection Division of the Community Development Department (Res2001-322).
6.16) Resolution Accepting Donations from the Plymouth Senior Club and Judy Johnson and
her family (Res2001-323).
Councitmember Slavik stated regarding item No. 6.16, she thanked the Plymouth Senior Club for
their $1,008 donation to be used to purchase wooden blinds for the Plymouth Creek Center
fireside room. She also thanked Councilmember Johnson and her family for donating a pool
table to be used for future recreation programs at the Plymouth Creek Center.
Councilmember Hewitt received assurances from staff that there would be additional
landscaping for item No. 6.07.
Councilmember Harstad registered a no vote for item No. 6.09.
Motion carried to approve the Consent Agenda.
Adopted City Council Minutes
Regular Meeting of July 24, 2001
Page 4 of 10
Public Hearings
7.1) Plymouth Marketplace Senior Housing Revenue Bonds
Community Development Director Hurlburt reported on the request for the Council to adopt a
housing program and to authorize the sale and issuance of taxable and tax-exempt multi -family
housing revenue bonds, in an amount not to exceed $22,500,000 on behalf of Plymouth Senior
Housing, LLC for senior apartments at Plymouth Marketplace. She explained that Plymouth
Senior Housing, LLC has proposed to develop the Plymouth Continuing Care Community, a
senior housing apartment project to be located in Plymouth Marketplace. The project consists of
the acquisition, construction, and furnishing of a combined 120 -unit multi -family rental housing
and health care facility. The project would have approximately 68 independent living units, 28
assisted living units, and 24 memory care units. Plymouth Senior Housing, LLC is a Minnesota
limited liability company whose sole member is proposed to be the Wedum Foundation of St.
Paul, a non-profit corporation and experienced Section 501(c)(3) tax-exempt organization.
She stated the City isn't obligated to approve the issuance of the bonds, but it is consistent with
the City's Comprehensive Plan. She indicated that at 10 percent of the units would be affordable
to low income senior residents, and that there would be additional restrictions to assist in making
the project affordable. This type of bond issue does not have a direct financial impact on the
City as the issuer pays all the costs. She stated that a memorandum from Dorsey and Whitney,
the City's bond counsel, along with a revised resolution has been provided to the Council this
evening.
Mayor Tierney opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Tierney
declared the public hearing closed.
made by Councilmember Black, and seconded by Councihnember Hewitt, to adopt a
to a g Development under
izina the Sale and Isst
Multifamily Senior Housing Revenue Bonds (GNMA Collateralized Mortgage Loan — Plymouth
Marketplace Project), Series 2001 A, Taxable Multifamily Senior Housing Revenue Bonds
GNMA Collateralized Mortgage Loan — Plymouth Marketplace Project) Series 2001B and
Multifamily Senior Housing Revenue Bonds (Plymouth Marketplace Proiect) Subordinate Series
2001C and 2001 D; Establishing the
Documents (Res2001-324). With al
Therefor and Authorizing the Execution of
s voting in favor, the motion carried.
Adopted City Council Minutes
Regular Meeting of July 24, 2001
Page 5 of 10
General Business
8.1) Ordinance Amending City Rental Dwelling License Code to Add a Section Relating
to Conduct on Licensed Premises
Building Official Ryan reported the Council has directed staff to explore options on how to
effectively address issues involving undesirable conduct at rental properties. Staff discovered
several municipalities within the metro area who had adopted ordinance provisions relating to
conduct on licensed premises. On January 29, 2001, staff mailed a letter to rental property
owners within the City advising them of the City's intent to adopt a conduct on licensed premises
ordinance along with an invitation to attend an informational meeting on February 7, 2001 to
discuss an ordinance. Approximately 25 individuals attended this meeting, and a draft ordinance
was prepared. He stated that on May 31, 2001 a subsequent letter was mailed to rental property
owners, once again inviting them to attend an informational meeting to discuss the contents of
the draft ordinance which was provided to them. Only two minor revisions of the draft
ordinance were requested, both of which have been addressed.
He stated the proposed ordinance establishes a process whereby when certain types of behavior
occurs at a rental licensed property, enforcement steps are taken to eventually eliminate such
activity. The behaviors are gambling, prostitution, possession or sale of drugs, unlawful sale of
alcoholic beverages, unlawful possession, transportation sale or use of a weapon, noisy
assemblies and certain acts of disorderly conduct. He noted that the City may only suspend or
revoke a rental property license based upon the series of the pre -defined criminal law and City
Code violations provided for in the ordinance. The City cannot revoke or suspend a rental
license based upon the number of police calls to a residence, or other forms of City Code/Zoning
Ordinance violations.
Councilmember Harstad asked what metro cities currently have a similar ordinance. Building
Official Ryan replied the cities of Brooklyn Park, Minneapolis, and St. Paul.
Councilmember Harstad asked if a reported violation pertains to a single unit if the unit is
located in an apartment building when the Rental License is issued for the entire building.
Building Official Ryan replied the violations would be specific to the individual dwelling unit.
Councilmember Harstad asked if the City requires landlords to do a background check on
prospective tenants. Building Official Ryan replied no.
Councilmember Slavik voiced her support for approval of the ordinance. However, this
ordinance wouldn't address a previous situation that she was made aware of which began the
Adopted City Council Minutes
Regular Meeting of July 24, 2001
Page 6 of 10
process of drafting this type of ordinance. Building Official Ryan reiterated that this ordinance
only applies to rental properties.
City Attorney Knutson stated the City could impose certain conditions and licensing
requirements only on rental properties. With owner -occupied properties, the City can only
enforce the housing code and criminal laws.
Councilmember Harstad asked if the City could assume that any properties that aren't
homesteaded are rental properties. City Attorney Knutson replied no. He stated it is very
common for individuals to own a home in the City as well as another home in another city or
state. If the City locates properties that are rental and aren't licensed, staff can enforce the code.
Building Official Ryan stated staff would review all non -homesteaded properties and provide
notifications to the property owners to determine if the property is being utilized for rental
purposes. Staff also becomes aware of rental properties that aren't licensed through complaints.
Motion was made by Councilmember Black, and seconded by Councilmember Hewitt to adopt
an Ordinance Amending Chapter IV, Section 410 of the Plvmouth Citv Code Concernine
Councilmember Harstad stated that he opposes the ordinance. He stated it's uncommon for
landlords to seek tenants who are disorderly. Therefore, this would not produce the results the
City is seeking. He stated cities that utilize this type of ordinance usually have no other options.
Laura Gibson, President of Miramar, 3205 Harbor Lane, stated this proposed ordinance would
assist landlords and be utilized as a tool to support their cases with tenants. She stated if a
landlord is not conducting an appropriate screening process and cooperating with authorities,
they wouldn't support this ordinance.
City Attorney Knutson stressed that after a third violation, the landlord would need to appear
before the Council, but that doesn't necessarily mean that the Council would suspend or revoke
their Rental License. He stated it's the Council's discretion whether a penalty would be
imposed.
Michelle Harstad, from Minnesota Housing Association, thanked staff for soliciting landlords'
input with this process. She asked if the ordinance applies to three occurrences within the same
dwelling unit and with the same tenant in a 12 -month period. She requested the language be
specific to a tenant rather than the unit. City Attorney Knutson clarified that the language only
applies to the unit.
Adopted City Council Minutes
Regular Meeting of July 24, 2001
Page 7 of 10
Ms. Harstad explained if the landlord eliminated the problem and another violation occurs, the
City would be penalizing the landlord.
Councilmember Stein asked what if the property is a single-family dwelling, but the landlord is
not properly screening the tenants. Community Development Director Hurlburt replied it would
be the Council's discretion on whether a penalty would be imposed after a third violation.
Councilmember Black stated if this ordinance would be a tool that landlords could utilize, the
Council should support it. It should be a priority to maintain rental units as livable and
presentable.
Councilmember Harstad asked how a landlord could evict a guest of a tenant, especially if the
guest is creating the problem.
Ms. Gibson stated it is a standard condition of a rental lease agreement that the tenant is
responsible for their guests.
Councilmember Harstad asked if the Council were to suspend a license, when could the landlord
reapply for a license. City Attorney Knutson replied that would be the Council's decision. He
stated the Council needs to decide if the landlord took reasonable action by the time the third
violation is reviewed.
Councilmember Black stated she supports this ordinance. She noted her past experience in being
a landlord, and she believes this ordinance would assist landlords who are experiencing problems
with bad tenants.
There being no further discussion and with all members voting in favor but Harstad, the motion
carried.
8.2) Report on Hydraulic and Hydrology Study for the 2020 Urban Expansion Area
9926)
Public Works Director Faulkner reported that the Council, in the process of reviewing the City's
Water Resources Management Plan, directed staff to investigate the potential water quality
impacts due to new developments in Northwest Plymouth. The firm of Bonestroo, Rosene,
Anderlik and Associates conducted the study. He stated this study is complete, and its
recommendations supersede all previous storm water plans for the hydrologic and hydraulic
study area including the 1999 Water Resources Management Plan and the 1980 Storm Drainage
Plan. Therefore, the City's Comprehensive Pan would need to be amended. If acceptable to the
Council, the hydrologic and hydraulic study could be presented to the Planning Commission on
September 4 for public hearing. The Planning Commission could then forward their
Adopted City Council Minutes
Regular Meeting of July 24, 2001
Page 8 of 10
recommendation to the City Council. He stated that Dan Edgerton, from Bonestroo, Rosene,
Anderlik and Associates would discuss the report with the Council this evening. If acceptable to
the Council, he recommended that the Council make a motion to receive the draft Hydrologic
and Hydraulic Study for the 2020 Urban Expansion Area and direct the Planning Commission to
conduct a public hearing at their September 4 meeting to incorporate this study into the City's
Comprehensive Plan.
Mr. Edgerton illustrated the study area and the land use studied. The land use was derived from
the 2020 Land Use Plan from the Comprehensive Plan. He explained when surface water
utilities are constructed, they would last beyond 2020, and they would allow for potential
changes in the use of the land. Therefore, they wanted to make sure that there was capacity in
the system for these variables. He spoke of the water quantity system, and he illustrated the
three different drainage directions for the system. In order to develop this system, they designed
a computer model of a hydraulic model and considered a 100 -year storm (six inches of rain in 24
hours) as well as a two-year storm (2.8 inches of rain in 24 hours). They also reviewed areas that
would be vulnerable to erosion and how to minimize the erosion. A system of ponds and open
drainage areas were designed to collect storm water runoff.
He stated regarding the surface water quality part of the system, they again developed a
computer model that considered annual rainfall over a course of a year. The goal was to limit
pollutants and primarily focus on phosphorous. They wanted to make sure that they treated the
under ultimate conditions to bring it back to existing conditions so there isn't an increase in
phosphorous loading. There was some difficulty in reviewing the existing conditions due to the
majority of the land being agricultural. He stated when there are row crops, there would be more
runoff and phosphorous, but less of the two when there would be hay crops. Therefore, they
modeled the existing conditions for row crops and hay crops, and they would treat the water
between or lower than the hay crop. They are recommending on-site wet detention ponds to be
included as part of future developments. Staff would review the development plans to make sure
the developer would be providing 60% of the removal of the area. Enhancements on top of on-
site ponding was also discussed. This would include conservation designs, native landscaping,
adhering to the phosphorous free ordinance, and tree preservation. On a case by case basis, these
enhancements could be added. The estimated cost of this system would be $1.7 million, but this
cost wouldn't include easements, water quality ponding, and acquisition of property. He noted
that this plan would provide design details if the City were to provide any facilities, and it would
allow the City to proceed to the next step which is the feasibility design. The plan also includes
development standards.
Councilmember Hewitt asked if this study would work in the future if the density levels are
higher. Mr. Edgerton replied there is some flexibility, but the developments should be reviewed
on a case by case basis. He stated perhaps the ponds would need to be located at a different
Adopted City Council Minutes
Regular Meeting of July 24, 2001
Page 9 of 10
location or be constructed larger. He stressed that his plan is consistent with the City's
Comprehensive Plan.
Councilmember Hewitt asked how often the water detention ponds should be cleaned. Mr.
Edgerton replied they should be cleaned every 10 to 20 years, but they should be monitored
periodically.
Public Works Director Faulkner explained that the water detention ponds are checked, and at
times, the developer may have to dredge the pond before the City returns the financial guarantee
funds to the developer. He also stated that the City has pond maintenance agreements that
require annual certification by a certified engineer.
Councilmember Black asked if it was reviewed whether the City would require top soils to have
native plantings to assist in minimizing runoff. She mentioned sod being planted over the clay
with no black dirt between the two to absorb the roots. Mr. Edgerton replied most cities don't
have requirements for certain types of plantings, but developers are encouraged to utilize native
plantings. He also stated that it's beneficial to maintain the tree cover as that would reduce the
amount of runoff and pollutants.
Motion was made by Councilmember Slavik, seconded by Councilmember Hewitt, to receive the
draft Hydrologic and Hydraulic Study for the 2020 Urban
Planning Commission to conduct a public hearing at their Sentember 4.2001 Meeting to
incorporate this study into the Plymouth Comprehensive Plan
Councilmember Harstad requested to discuss at a Study Session water depletion of the City's
aquifers. Councilmembers Black and Tierney agreed to add this item to the pending Study
Session list.
There being no further discussion and with all members voting in favor, the motion carried.
Reports and Recommendations
9.1) County Road 47 (Councilmember Black)
Councilmember Black notified the Council that there would be discussions later this year about
the need to upgrade County Road 47, as well as if maintenance of the road would be turned over
to the City.
Adopted City Council Minutes
Regular Meeting of July 24, 2001
Page 10 of 10
Adjournment
Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to
the meeting at 8:45 p.m. With all members voting in favor, the motion carried.
Sandra R. Paulson, City Clerk