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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