HomeMy WebLinkAboutCity Council Minutes 02-21-1996MINUTES
REGULAR COUNCIL MEETING
FEBRUARY 21, 1996
The regular meeting of the Plymouth City Council was called to order by Mayor Tierney
at 7:00 p.m.. in the City Center, 3400 Plymouth Blvd., on February 21, 1996.
COUNCIL PRESENT: Mayor Tierney; Councilmembers Preus, Anderson, Wold, and
Lymangood.
ABSENT: Councilmembers Granath and Black.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert,
Community Development Director Hurlburt, Public Works Director Moore, Finance
Director Hahn, Public Safety Director Gerdes, Park Director Blank, Attorney Knutson,
and City Clerk Ahrens.
ITEM 3 PLYMOUTH FORUM
No one appeared for the forum.
ITEM 5 APPROVE AGENDA
Councilmember Anderson requested the addition of Item 8-A, Police Reserve
recognition. Councilmember Lymangood requested the addition of Item 7 -Al,
discussion on Council Information Memorandum packet.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Anderson, to approve the agenda with the additions noted. Motion carried, five
ayes.
ITEM 6 CONSENT AGENDA
Items 6-C, 6-J, 6-K, 6-H, and 6-X were removed from the consent agenda.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Preus, to approve the consent agenda as amended. Motion carried, five ayes.
ITEM 6-A APPROVE MINUTES
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Preus, to approve the minutes of the regular Council meeting of February 7,
special Council meeting of February 7, special Council meeting of January 22,
Regular Council Meeting
February 21, 1996
Page 2
special Council meeting of February 12, and regular Council meeting of January
23. Motion carried, five ayes.
ITEM 6-B APPROVE DISBURSEMENTS
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Preus, to adopt RESOLUTION 96-104 APPROVING DISBURSEMENTS
FOR THE PERIOD ENDING FEBRUARY 9, 1996. Motion carried, five ayes.
ITEM 6-D NEW HOME SERVICES, INC. (95127)
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Preus, to adopt ORDINANCE 96-3 AMENDING THE ZONING
ORDINANCE TO CLASSIFY CERTAIN LAND SITUATION NORTH OF
18TH AVENUE AND APPROXIMATELY 200 FEET WEST OF
KIRKWOOD LANE, GENERALLY LOCATED AT 12300 18TH AVENUE
NORTH (95127). Motion carried, five ayes.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Preus, to adopt RESOLUTION 96-105 APPROVING RESIDENTIAL
PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT,
CONDITIONAL USE PERMIT, AND RPUD FINAL PLAN/PLAT AND
DEVELOPMENT CONTRACT FOR NEW HOME SERVICES, INC., FOR
PARK WOODS ADDITION" LOCATED NORTH OF 18TH AVENUE
AND WEST OF KIRKWOOD LANE (RPUD 96-1) (95127). Motion carried,
five ayes.
MOTION was made by Councilmember Lymangood, seconded by
Councilmember Preus, to adopt RESOLUTION 96-106 ADOPTING
ASSESSMENTS, CITY PROJECT NO. 605, SANITARY SEWER AND
WATERMAIN AREA, PARK WOODS TOWNHOMES. Motion carried, five
ayes.
ITEM 6-E ENTRY ONE, INC. (95129)
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Preus, to adopt RESOLUTION 96-107 APPROVING PRELIMINARY
PLAT, CONDITIONAL USE PERMIT, SITE PLAN, VARIANCES, FINAL
PLAT AND DEVELOPMENT CONTRACT FOR ENTRY ONE, INC., FOR
JARNES ADDITION" LOCATED SOUTH OF 43RD AVENUE AT
TRENTON LANE (95129). Motion carried, five ayes.
Regular Council Meeting
February 21, 1996
Page 3
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Preus, to adopt RESOLUTION 96-108 ADOPTING ASSESSMENTS, CITY
PROJECT NO. 604, SANITARY SEWER AND WATERMAIN AREA,
JARNES ADDITION. Motion carried, five ayes.
ITEM 6-F RYAN CONSTRUCTION COMPANY. INC. (96014)
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Preus, to adopt RESOLUTION 96-109 APPROVING LOT DIVISION FOR
RYAN CONSTRUCTION COMPANY, INC., FOR PROPERTY LOCATED
AT 4700 NATHAN LANE NORTH (96014). Motion carried, five ayes.
ITEM 6-G APPROVE CIGARETTE LICENSES
MOTION was made Councilmember Lymangood, seconded by Councilmember
Preus, to adopt RESOLUTION 96-110 APPROVING 1996 CIGARETTE
LICENSES. Motion carried, five ayes.
ITEM 6-I ADOPT REVISIONS TO TOBACCO ORDINANCE
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Preus, to adopt ORDINANCE 96-4 AMENDING THE PLYMOUTH CITY
CODE CONCERNING THE SALE AND PURCHASE OF TOBACCO
PRODUCTS. Motion carried, five ayes.
ITEM 6-L ESTABLISH 1996 PARK DEDICATION FEES
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Preus, to adopt RESOLUTION 96-111 APPROVING SETTING PARK
DEDICATION FEES FOR 1996. Motion carried, five ayes.
ITEM 6-M SET SPECIAL COUNCIL MEETING FOR MARCH 13
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Preus, to adopt RESOLUTION 96-112 ESTABLISHING SPECIAL
COUNCIL MEETING FOR MARCH 13, 1996. Motion carried, five ayes.
ITEM 6-N APPROVE FIRE DEPARTMENT LUMP SUM PENSION BENEFIT
INCREASE
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Preus, to adopt RESOLUTION 96-113 APPROVING FIRE DEPARTMENT
LUMP SUM PENSION BENEFIT INCREASE. Motion carried, five ayes.
Regular Council Meeting
February 21, 1996
Page 4
ITEM 6-0 APPROVE ALLOCATION AND AUTHORIZE PAYMENT IN MPRS
CASE
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Preus, to adopt RESOLUTION 96-114 APPROVING ALLOCATION OF
DAMAGES AND AUTHORIZING PAYMENT IN MPRS CASE Motion
carried, five ayes.
ITEM 6-P APPROVE CONTRACT AMENDMENTS ON ELM CREEK
PLAYFIELD DEVELOPMENT
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Preus, to adopt RESOLUTION 96-115 APPROVING CONTRACT
AMENDMENTS WITH SCHOOL DISTRICT 284 ON THE ELM CREEK
PLAYFIELD DEVELOPMENT Motion carried, five ayes.
ITEM 6-0 APPOINT CONSULTANT FOR NORTHEAST NEIGHBORHOOD
PARK PROJECT
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Preus, to adopt RESOLUTION 96-116 APPROVING CONSULTANT
SELECTION FOR NORTHEAST NEIGHBORHOOD PARK. Motion
carried, five ayes.
ITEM 6-R CERTIFICATE OF EXEMPTION FOR WETLAND
CONSERVATION ACT
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Preus, to adopt RESOLUTION 96-117 AUTHORIZING THE MAYOR TO
SIGN THE CERTIFICATE OF EXEMPTION FROM THE 1991
WETLAND ACT, ST. PAUL PROPERTIES, INC., PLYMOUTH
BUSINESS CENTER FIFTH ADDITION -LOT ONE, BLOCK ONE.
Motion carried, five ayes.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Preus, to adopt RESOLUTION 96-118 AUTHORIZING THE MAYOR TO
SIGN THE CERTIFICATE OF EXEMPTION FROM THE 1991
WETLAND ACT, KEVIN C. BEGIN PROPERTY, 4300 FERNBROOK
LANE NORTH. Motion carried, five ayes.
Regular Council Meeting
February 21, 1996
Page 5
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Preus, to adopt RESOLUTION 96-119 AUTHORIZING THE MAYOR TO
SIGN THE CERTIFICATE OF EXEMPTION FROM THE 1991
WETLAND ACT, CALIBER BUILDERS, GREENTREE ADDITION,
COUNTY ROAD 24 AND HIGHWAY 101. Motion carried, five ayes.
ITEM 6-S AWARD CONTRACT FOR PEDESTRIAN SIGNAL ON
NORTHWEST BOULEVARD AT BASS LAKE PLAYFIELD
MOTION was made Councilmember Lymangood, seconded by Councilmember
Preus, to adopt RESOLUTION 96-120 AWARDING BID FOR
NORTHWEST BOULEVARD PEDESTRIAN TRAFFIC SIGNAL, CITY
PROJECT NO. 417. Motion carried, five ayes.
ITEM 6-T SET IMPROVEMENT HEARING FOR 1996 STREET
RECONSTRUCTION PROGRAM PROJECT 602
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Preus, to adopt RESOLUTION 96-121 RECEIVING PRELIMINARY
ENGINEERING REPORT AND CALLING FOR HEARING ON
IMPROVEMENTS, 1996 STREET RECONSTRUCTION PROJECT, CITY
PROJECT NO. 602. Motion carried, five ayes.
ITEM 6-U SURPLUS PROPERTY CONVEYANCE, PROJECT 406
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Preus, to adopt RESOLUTION 96-122 DECLARING PROPERTY
SURPLUS AND AUTHORIZING THE MAYOR AND CITY MANAGER
TO CONVEY SURPLUS PROPERTY TO THE ADJOINING PROPERTY
OWNER, CITY PROJECT NO. 406. Motion carried, five ayes.
ITEM 6-V INSTALLATION OF STOP SIGNS
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Preus, to adopt RESOLUTION 96-123 INSTALLATION OF VARIOUS
STOP SIGNS. Motion carried, five ayes.
ITEM 6-W PURCHASE OF COUNCIL CHAMBERS FURNISHINGS
MOTION was made my Councilmember Lymangood , seconded by
Councilmember Preus, to adopt RESOLUTION 96-124 AUTHORIZING
PURCHASE OF COUNCIL CHAMBERS FURNISHINGS, PROJECT NO.
506. Motion carried, five ayes.
Regular Council Meeting
February 21, 1996
Page 6
ITEM 6-Y APPROVE 1996 WORK PLAN FOR PLANNING COMMISSION
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Preus, to adopt RESOLUTION 96-125 APPROVING 1996 PLANNING
COMMISSION WORK PLAN Motion carried, five ayes.
ITEM 7-A-1 REVIEW OF COUNCIL INFORMATION MEMORANDUM
Councilmember Lymar Lgood explained that the City Council recently established a
goal to reduce the number of photocopies made in the organization. He suggested
that Councilmembers review the Council Information Memorandum and other
information in order to provide feedback to staff on which items are needed.
ITEM 7-A PUBLIC HEARING AND ISSUANCE OF MULTIFAMILY
HOUSING REVENUE BONDS FOR FOX FOREST APARTMENTS
Community Development Director Hurlburt presented the staff report on the
request for issuance of multifamily housing revenue bonds for Fox Forest
Apartments. She stated that the City Council previously held a public hearing on
December 19, 1995. This second public hearing is necessary because the housing
plan required to be reviewed by the Metropolitan Council was not submitted by the
owners' representatives prior to the previous hearing. She also noted a
typographical change in the resolution. She stated that the Fox Forest owners
have agreed to provide $30,000 a year for the life of the bonds to the Plymouth
HRA to assist affordable housing in Plymouth as an alternative to providing
affordable units at Fox Forest.
Mayor Tierney asked if the agreement to provide $30,000 per year would translate
into higher rents for the Fox Forest units. Community Development Director
Hurlburt responded that it is stars understanding that it would not; however,
there is nothing specific in the agreement.
Mayor Tierney opened the public hearing on the issuance of multifamily housing
revenue bonds for Fox Forest Apartments at 7:13 p.m. No one appeared, and the
hearing was closed.
Regular Council Meeting
February 21, 1996
Page 7
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Anderson, to adopt RESOLUTION 96-126 APPROVING AN AMENDED
AND RESTATED HOUSING PROGRAM; AUTHORIZING THE
ISSUANCE, SALE, AND DELIVERY OF MULTIFAMILY REVENUE
REFUNDING BONDS (FOX FOREST APARTMENTS PROJECT),
SERIES 1996, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT
OF UP TO $8,440,000, AND TAXABLE MULTIFAMILY HOUSING
REVENUE BONDS (FOX FOREST APARTMENTS PROJECT), SERIES
1996, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF UP
TO $3,060,000, WHICH BONDS AND THE INTEREST AND ANY
PREMIUM THEREON SHALL BE PAYABLE SOLELY FROM THE
REVENUES DERIVED FROM THE GUARANTEED MORTGAGE PASS
THROUGH CERTIFICATE ISSUED BY THE FEDERAL NATIONAL
MORTGAGE ASSOCIATION AND OTHER REVENUES PLEDGED
PURSUANT TO THE INDENTURE OF TRUST; APPROVING THE
FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF
THE INDENTURE OF TRUST, THE BOND PURCHASE AGREEMENT,
THE FINANCING AGREEMENT, THE REGULATORY AGREEMENT,
THE CONTINUING MAINTENANCE AGREEMENT, AND THE
PRELIMINARY OFFICIAL STATEMENT AND OFFICIAL
STATEMENT; APPROVING THE FORM OF AND AUTHORIZING THE
EXECUTION AND DELIVERY OF THE BONDS; AND PROVIDING FOR
THE SECURITIES, RIGHTS, AND REMEDIES OF THE HOLDERS OF
THE BONDS, with the revision noted by Director Hurlburt. Motion carried,
five ayes.
ITEM 8-A PLYMOUTH POLICE RESERVE RECOGNITION
Councilmember Anderson stated that on February 10 he had attended a
recognition dinner for the Plymouth Police Reserves. He thanked the Reserves for
volunteering 3,200 hours to the City at no cost in 1995.
ITEM 8-B (6-0 HUMAN RIGHTS COMMISSION WORK PLAN
Councilmember Anderson suggested two amendments to the resolution receiving
the 1995 annual report and approving the 1996 work plan of the Plymouth Human
Rights Commission. He suggested the following conditions: 1) The Human
Rights Commission shall submit to the City Council no later than December 31,
1996, documentation of all public safety bias crime referrals and other referrals to
the Commission during 1996. This report should include a description of the
incidents, actions taken, and resolutions achieved, and 2) Any brochures and
videotapes proposed by the Commission shall have City Council approval and be
competitively bid.
Regular Council Meeting
February 21, 1996
Page 8
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt a resolution receiving the 1995 annual report and approving
the 1996 work plan of the Plymouth Human Rights Commission with the two
conditions noted by Councilmember Anderson.
Assistant City Manager Lueckert stated that the Human Rights Commission
bylaws require that any expenditures must be approved by the City Council. She
stated that any brochure or videotape would be competitively bid.
SUBSTITUTE MOTION was made by Councilmember Lymangood seconded by
Councilmember Wold, to adopt RESOLUTION 96-127 RECEIVING THE
1995 ANNUAL REPORT AND APPROVING THE 1996 WORK PLAN OF
THE PLYMOUTH HUMAN RIGHTS COMMISSION, amending the first
condition to read: "The Human Rights Commission shall submit to the City
Council no later than December 15, 1996, documentation of all public safety
bias crime referrals and other referrals to include a description of the
incidents, actions taken, and resolutions achieved," and deleting Condition
2. Motion to substitute carried, five ayes. Main motion carried, five ayes.
ITEM 8-C (6-J) RECEIVE PRAC ANNUAL REPORT AND APPROVE WORK
PLAN
Councilmember Lymangood commended the Park and Recreation Advisory
Commission and staff on the quality of the PRAC annual report.
Donald Anderson, PRAC Chairperson, thanked the Council and said that the next
few years will be exciting and challenging.
MOTION was made by Councilmember Wold, seconded by Councilmember
Anderson, to accept the 1995 Park and Recreation Advisory Commission annual
report and approve the 1996 work plan. Motion carried, five ayes.
ITEM 8-D (6-K) 1996 RENTAL FEES AND POLICIES
Councilmember Lymangood stated that several concerns were expressed to the
sports facility subcommittee in 1995 regarding the tournament fees charged to the
Wayzata Soccer Club. He noted that the soccer club was charged $4,460 in 1995.
Park Director Blank stated that the concept of fees and charges for park facilities
originated from a citizen task force. Their belief was that the City should
underwrite the cost of sport facilities for everyday use, but that fees should be
charged for extraordinary use of facilities such as tournaments. He stated that the
Wayzata soccer tournament is the second largest in the state and admission fees
Regular Council Meeting
February 21, 1996
Page 9
are charged. He stated that the fees are based on the services requested by the
organization hosting the tournament. He suggested that the Council could
consider lowering the fee from $96 per day per field, or retaining the fee but
directing Council revie,;; of the proposed bill for services for the Wayzata Soccer
organization. In response to a question by Mayor Tierney, Park Director Blank
stated that the proposed fees are comparable to other communities, but on the high
end.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 96-128 APPROVING 1996 RENTAL FEES
AND POLICIES, and directing staff to bring before the Council for
consideration the proposed bill for the Wayzata Soccer Club tournament.
In response to a question by Councilmember Anderson, Park Director Blank stated
that maintenance of the City's eight playfields costs approximately $800,000. The
City receives $7,000 to $8,000 each year in user fees. Councilmember Anderson
cautioned the Council that fees should reflect the cost of providing the service so
that the City Council is not faced with increasing taxes on all residents to subsidize
the cost. Councilmember Lymangood stated that he is not proposing to eliminate
the fee, but only to address it because it appears to be too high.
Motion carried, five ayes.
ITEM 8-E (6-X) ESTABLISH SPECIAL COUNCIL MEETING FOR
FEBRUARY 28
Councilmember Lymangood suggested that the City Council could establish a
subcommittee to discuss the computer system selection rather than discussing the
issue at a special Council meeting recommended for February 28. He suggested
that Councilmembers Wold and Granath could meet with staff to review the
proposal and make a recommendation for the full Council.
Manager Johnson stated that this is a large issue for staff and will involve a lot of
work over the next two years. It will also involve a substantial expenditure of
funds. He stated that staff is comfortable proceeding with subcommittee
discussions or consideration by the full Council. Councilmember Preus favored a
subcommittee studying the issue and providing a recommendation to the full
Council.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Preus, to establish a Council subcommittee consisting of Councilmembers Wold
and Granath to discuss i,'ie computer system selection and provide a
recommendation to the full council. Motion carried, five ayes.
Regular Council Meeting
February 21, 1996
Page 10
Councilmember Lymangood requested that staff place two additional
subcommittee recommendations on the next regular meeting agenda relating to
landscaping of County Road 9 from I-494 to Highway 169 and development of the
East Medicine Lake trail.
ITEM S -F (6-11) OPEN SPACE ACQUISITION - SEITZER PROPERTY
Mayor Tierney asked for an update on the open space acquisitions.
Park Director Blank discussed the open space sites proposed for acquisition in
southeast Plymouth. He stated that this property has three ownerships, one of
which is the Seitzer parcel, recommended for acquisition this evening. He stated
that a verbal commitment for acquisition has been reached with Johnson Brothers,
owners of the southerly portion of the property. Park Director Blank stated he
does not believe an agreement will be reached with the Stewarts on acquisition of
the parcel in the middle of this site. He stated that the Stewarts have been
informed that the City will not negotiate further unless a request is made to initiate
negotiations by the Stewarts. He does not believe that open space of the entire
area will be compromised if the Stewart parcel is not purchased by the City.
MOTION was made by Mayor Tierney, seconded by Councilmember Lymangood,
to adopt RESOLUTION 96-129 APPROVING OPEN SPACE
ACQUISITION OF SITES OR PROPERTY. Motion carried, five ayes.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Anderson, to adjourn the meeting at 7:47 p.m. Motion carried, five ayes.
Laurie Ahrens
City Clerk