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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