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HomeMy WebLinkAboutCity Council Minutes 02-07-1995MINUTES REGULAR COUNCIL MEETING FEBRUARY 7, 1995 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 Blvd., on February 7, 1995. PRESENT: Mayor Tierney; Councilmembers Lymangood, Helliwell, Edson, and Wold.. ABSENT: Councilmember Granath arrived at 7:06 p.m. Councilmember Anderson arrived at 8:00 p.m. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Park Director Blank, Police Lieutenant Ward, Property Management Coordinator Tabery, Building Official Ryan, Finance Director Hahn, City Attorney Knutson, and City Clerk Ahrens. ITEM 3 FORUM No one appeared for the Forum. ITEM 4 OATHS OF OFFICE, POLICE OFFICERS Clerk Ahrens administered the oaths of office for police officers Molly Lynch and Melissa Campbell. Councilmember Granath arrived at 7:05 p.m. ITEM 5 APPROVE AGENDA Manager Johnson stated that the application for Item 6-S has requested deferral of the item to February 21. MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to approve the agenda, with the deferral of Item 6-S to February 21. ITEM 6 CONSENT AGENDA Items 6-1, and 6-X were removed from the Consent Agenda. MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to approve the Consent Agenda as amended. Regular Council Meeting February 7, 1995 Page 2 Motion carried, six ayes. ITEM 6-A APPROVE MINUTES MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to approve the minutes of the December 19 Special Council Meeting, the December 19 Regular Council Meeting, the January 17 Subcommittee Meeting, the January 23 Study Session, the January 30 Special Council Meeting, and the January 31 Subcommittee Meeting. Motion carried, six ayes. ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-79 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING JANUARY 26,1995. Motion carried, six ayes. ITEM 6-C ESTABLISH JOINT MEETING WITH MAPLE GROVE CITY COUNCIL MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-80 ESTABLISHING JOINT MEETING WITH MAPLE GROVE CITY COUNCIL. Motion carried, six ayes. ITEM 6-D CHANGE ORDER FOR CITY CENTER EXPANSION PROJECT MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-81 APPROVING CHANGE ORDER NO. 1, CITY CENTER EXPANSION PROJECT, CITY PROJECT NO. 126. Motion carried, six ayes. ITEM 6-E EXEMPTION FROM LAWFUL GAMBLING LICENSE MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-82 FINDING NO OBJECTION TO LAWFUL GAMBLING EXEMPTION FOR PLYMOUTH CREEK PTA. Regular Council Meeting February 7, 1995 Page 3 Motion carried, six ayes. ITEM 6-F 1995 PARK FACILITY RENTAL POLICIES MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-83 APPROVING 1995 PARK FACILITY RENTAL POLICIES AND FEE SCHEDULES. Motion carried, six ayes. ITEM 6-G APPROVE FINAL PAYMENTS MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-84 REQUEST FOR PAYMENT NO. 6 AND FINAL, BRIDLEWOOD FARM 3RD ADDITION, CITY PROJECT NO. 304. Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-85 REQUEST FOR PAYMENT NO.5 AND FINAL, BRIDLEWOOD FARM 2ND ADDITION, CITY PROJECT NO. 206. Motion carried, six ayes. ITEM 6-11 CHANGE ORDER FOR PROJECT 031 MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-86 APPROVING CHANGE ORDER NO. 1, C.S.A.H. 24/MEDINA ROAD - PHASE H, CITY PROJECT NO. 031. Motion carried, six ayes. ITEM 6-I AWARD CONTRACT FOR TRAFFIC SIGNAL AT HIGHWAY 55 AND COUNTY ROAD 24/NEW COUNTY ROAD 9. PROJECT 310 MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-87 AWARDING BID, T.H. 55 AT C.S.A.H. 24, TRAFFIC CONTROL SIGNAL SYSTEM, CITY PROJECT NO. 310. Motion carried, six ayes. Regular Council Meeting February 7, 1995 Page 4 ITEM 64 AMEND DEVELOPMENT CONTRACT: FINAL PLAT APPROVAL FOR HICKORY HILLS ADDITION (94091) MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-88 AMENDING DEVELOPMENT CONTRACT AND FINAL PLAT FOR PRIME BUILDERS FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF BASS LAKE ROAD AND NATHAN LANE NORTH (94091). Motion carried, six ayes. ITEM 6-K PARTIAL RELEASE OF DEVELOPMENT CONTRACT FOR BASS CREEK BUSINESS PARK 3RD ADDITION MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-89 PARTIAL RELEASE OF DEVELOPMENT CONTRACT, BASS CREEK BUSINESS PARK 3RD ADDITION. Motion carried, six ayes. ITEM 6-L REVIEW FEASIBILITY OF REGIONAL WATER QUALITY TREATMENT POND SOUTH OF 41ST AVENUE AT JONQUIL LANE Councilmember Lymangood explained that Lundgren Brothers Construction Company is proposing to develop the property north of 41st Avenue at Jonquil Lane. They have contacted the City indicating an interest in the City considering a Regional Water Quality Treatment Pond on the property south of 41 st Avenue. He said that preliminary engineering work will be done to determine if this is a feasible location for a Treatment Pond and what level of treatment would be provided. He thanked Lundgren Brothers for their cooperation and willingness to pursue this idea. It is an example of where government and business can work together, and it could result in significant removal of algae and improvement of water quality at Medicine Lake. MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to direct staff to review the feasibility and estimated cost to construct a Regional Water Quality Treatment Pond on the property in the southeast quadrant of 41 st Avenue and Jonquil Lane. Motion carried, six ayes. Regular Council Meeting February 7, 1995 Page 5 ITEM 6-M THREE STAR TRUCKING. PRELIMINARY PLAT, REZONING, AND VARIANCE FOR STAR TWIN HOMES (94100) MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt ORDINANCE 95-7 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED NORTHWEST OF MEDINA ROAD AND COUNTY ROAD 24 (94100). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-90 APPROVING PRELIMINARY PLAT FOR THREE STAR TRUCKING FOR PROPERTY LOCATED NORTHWEST OF MEDINA ROAD AND COUNTY ROAD 24 (94100). Motion carried, six ayes. ITEM 6-N FLOYD WILVERS/CULVER'S FAMILY RESTAURANT (94143) MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-91 APPROVING MPUD PRELIMINARY PLAN AMENDMENT AND CONDITIONAL USE PERMIT FOR FLOYD WILVERS FOR PROPERTY LOCATED SOUTHWEST OF 34TH AVENUE NORTH AND PLYMOUTH BOULEVARD (94143) (MPUD 78-2). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-92 APPROVING MPUD FINAL SITE PLAN FOR FLOYD WILVERS FOR PROPERTY LOCATED SOUTHWEST OF 34TH AVENUE NORTH AND PLYMOUTH BLVD. 94143) (MPUD 78-2). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-93 APPROVING LOT DIVISION/ CONSOLIDATION FOR FLOYD WILVERS FOR PROPERTY LOCATED SOUTHWEST OF 34TH AVENUE NORTH AND PLYMOUTH BOULEVARD (94143) (MPUD 78-2). Motion carried, six ayes. Regular Council Meeting February 7, 1995 Page 6 MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-94 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION/CONSOLIDATION FOR FLOYD WILVERS FOR PROPERTY LOCATED SOUTHWEST OF 34TH AVENUE NORTH AND PLYMOUTH BOULEVARD (94143) (MPUD 78-2). Motion carried, six ayes. ITEM 6-0 PRODUCTIVITY. INC. CONDITIONAL USE PERMIT (94153) MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-95 APPROVING CONDITIONAL USE PERMIT FOR PRODUCTIVITY, INC., LOCATED AT 15150 25TH AVE. N. (94153). Motion carried, six ayes. ITEM 6-P ZONING ORDINANCE AMENDMENT (94165) MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt ORDINANCE 95-8 RELATING TO 4/5 VOTING REQUIREMENT. Motion carried, six ayes. ITEM 6-0 ZONING ORDINANCE AMENDMENT (95002) MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt ORDINANCE 95-9 AMENDING CHAPTERS 1 AND 5 OF THE PLYMOUTH CITY CODE AND THE ZONING ORDINANCE CONCERNING NOTIFICATION REQUIREMENTS. Motion carried, six ayes. ITEM 6-R ORDINANCE AMENDMENT REGARDING WEEDS AS NUISANCE MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt ORDINANCE 95-10 AMENDING THE PLYMOUTH CITY CODE REGARDING WEEDS AS A NUISANCE. Motion carried, six ayes. Regular Council Meeting February 7, 1995 Page 7 ITEM 6-T LUNDGREN BROTHERS CONSTRUCTION. MISSION PUD. 94158 MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-96 APPROVING AMENDED RPUD PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR MISSION PARTNERS FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF OLD ROCKFORD ROAD AND 41ST AVE. N. (94158). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-97 APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT AMENDMENT FOR MISSION PARTNERS FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF OLD ROCKFORD ROAD AND 41ST AVE. N. (94158). Motion carried, six ayes. ITEM 6-U ACQUISITION OF LAND FOR COMMUNITY PLAYFIELD NO. 9 MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-98 AUTHORIZING ACQUISITION OF PARK AND RECREATION LAND, for Community Playfield No. 9. Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-99 APPROVING LOT SPLIT, for Community Playfield No. 9. Motion carried, six ayes. ITEM 6-V ADOPT ECONOMIC DEVELOPMENT POLICY MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to accept the staff report on Economic Development Policy and to direct staff to proceed with the economic development strategies as proposed. Motion carried, six ayes. Regular Council Meeting February 7, 1995 Page 8 ITEM 6-W REDUCTION OF SITE IMPROVEMENT PERFORMANCE AGREEMENTS MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-100 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR LAUKKA-WILLIAMS FOR PARKERS LAKE 10TH ADDITION, LOTS 10 AND 11, BLOCK 1, PROPERTY LOCATED EAST OF SHENANDOAH LANE AT 24TH AVENUE NORTH (93067). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-101 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR LAUKKA-WILLIAMS FOR PARKERS LAKE 10TH ADDITION, LOTS 8 & 9, BLOCK 1, PROPERTY LOCATED EAST OF SHENANDOAH LANE AT 24TH AVENUE NORTH (93067). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-102 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR TURCK, INC., FOR A PARKING LOT EXPANSION AT 3000 CAMPUS DRIVE (94146). Motion carried, six ayes. ITEM 6-Y STORM WATER TREATMENT POND AT PARKERS LAKE PARK MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to authorize the construction of a storm water treatment pond on property owned by the City at Parkers Lake Park by the Cornerstone Group dba Heartland -Plymouth Lakeview Commons LLC, subject to staff approval of the site and design and future approval of the use of Community Development Block Grant funds by the HRA and the City Council for the City's share of the project. Motion carried, six ayes. Regular Council Meeting February 7, 1995 Page 9 ITEM 6-Z GARBAGE HAULER LICENSE MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-103 APPROVING GARBAGE HAULER LICENSE FOR C & J ROLL OFF SERVICE. Motion carried, six ayes. ITEM 6 -AA ADOPT REVISED 1995 PARK DEDICATION FEES MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-104 APPROVING SETTING PARK DEDICATION FEES FOR 1995. Motion carried, six ayes. ITEM 6 -BB INTERIM ORDINANCE PROHIBITING DRIVE THROUGH BUSINESSES AND LOADING DOCKS MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt ORDINANCE 95-11 INTERIM ORDINANCE TEMPORARILY PROHIBITING DRIVE-THROUGH BUSINESSES AND LOADING DOCKS AT CERTAIN LOCATIONS. Motion carried, six ayes. ITEM 7-A ON -SALE INTOXICATING LIQUOR LICENSE FOR TGI FRIDAY'S d/b/a ITALIANNI'S RESTAURANT Mayor Tierney continued the public hearing on the on -sale intoxicating and Sunday liquor license application of TGI Friday's of Minnesota, Inc., for an Italianni's Restaurant at the southwest corner of Carlson Parkway and I-494. Manager Johnson stated this public hearing was continued from January 17 because the applicant advised the City that their posted notice of the hearing may have been inadequate to comply with City Code. No one appeared, and the hearing was closed. Regular Council Meeting February 7, 1995 Page 10 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 95-105 APPROVING ON -SALE INTOXICATING AND SUNDAY LIQUOR LICENSES FOR TGI FRIDAY'S OF MINNESOTA, INC., OUTLOT B, CARLSON CENTER 2ND ADDITION. Motion carried, six ayes. ITEM 7-B_ 1994 WEED ERADICATION AND DESTRUCTION. ROLL 2 Finance Director Hahn presented the proposed assessments for 1994 weed eradication and destruction of diseased trees, Roll 2. Mayor Tierney opened the public hearing and no one appeared. The hearing was closed at 7:17 p.m. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 95-106 ADOPTING ASSESSMENTS, 1994 WEED ERADICATION AND DESTRUCTION, ROLL 2. Motion carried, six ayes. ITEM 7-C ASSESSMENT FOR 1994 TREE REMOVAL Finance Director Hahn presented -the proposed assessments for 1994 removal and destruction of diseased trees, Roll 2. He stated that one letter appealing the assessment was received from Scott T. Maentz, 16120 8th Avenue North. Mayor Tierney opened the public hearing at 7:19 p.m. Scott Maentz, 16120 8th Avenue North, explained the tree removal that occurred on his property. He said that early in the process there was a question of whether the tree was located on his property, and later NSP became involved as well. He stated that NSP informed him that they would have to remove the tree because it was very close to power lines, and the Maentz' granted NSP permission to do so. However, a City contractor removed the tree before NSP arrived to do so. Mr. Maentz felt that he acted in good faith and believed that NSP was going to remove the tree. He requested that the assessment be deleted. Ausma Sperberg, 2606 Chicago Avenue South, Minneapolis, represented Robert Ameriks' estate (24-118-22-43-0081 and 24-118-22-43-0082). She said that she received a number of orders to remove the trees, and each time she attempted to locate and remove the necessary trees. She stated that she took four loads of trees Regular Council Meeting February 7, 1995 Page 11 removed from the site to the City's waste site. She stated that the process was confusing, and she felt that the City was harassing her to get the trees removed. Manager Johnson noted that the assessments are in the amounts of $151.25 and 168.75. He suggested that these assessments be deferred for staff to investigate and respond. No one else appeared, and the hearing was closed 7:33 p.m. Paul Buck, City Forester, described the Maentz tree removal. He said that NSP does not contact the City in cases like this, and the City was unaware that NSP was involved. He said it was questionable whether NSP had to remove the tree since the City's contractor removed the tree without notification to NSP. Forester Buck stated that due to the confusion, staff offered to waive the $100 administrative fee for the Maentz assessment after being contacted by the property owner about the situation. Councilmember Helliwell clarified that the Maentz tree removal bill would have been $743.50 with the $100 administrative charge. MOTION was made by Councilmember Lymangood, seconded by Councilmember Edson, to adopt RESOLUTION 95-107 ADOPTING ASSESSMENTS, 1994 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL 2, reducing the Maentz assessment to $143.50 and the Ameriks assessment to 100. Councilmember Lymangood noted that some effort or cost would have been required to remove the tree debris after removal - even if NSP or the property owner had removed the trees. He also felt that better communication could have occurred. Motion carried, six ayes. Councilmember Helliwell requested that in the future when the City is going to remove a tree, a phone call or message should be left the day before to the property owner that the tree will be removed the next day. ITEM 7-D VACATION OF 41ST AVENUE IN PLYMOUTH OAKS ADDITION Public Works Director Moore presented the staff report on the proposed vacation of a portion of 41 st Avenue in Plymouth Oaks Addition. Mayor Tierney opened the public hearing at 7:49 p.m. No one appeared, and the hearing was closed at 7:49 p.m. Regular Council Meeting February 7, 1995 Page 12 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 95-108 AUTHORIZING THE VACATION OF A PORTION OF 41ST AVENUE RIGHT-OF-WAY, PLYMOUTH OAKS ADDITION. Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 95-109 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF RESOLUTION 95-108 VACATING A PORTION OF 41ST AVENUE RIGHT-OF-WAY WITHIN PLYMOUTH OAKS ADDITION. Motion carried, six ayes. ITEM 7-E VACATION OF EASEMENT IN OAKDALE WEST THIRD ADDITION Public Works Director Moore presented the staff report on the proposed vacation of a drainage easement for ponding and drainage and utility easements within Lot 1, Block 1, Outlot A, Oakdale West Third Addition. Mayor Tierney opened the public hearing at 7:51 p.m. No one appeared, and the hearing was closed. MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-110 AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS AND DRAINAGE EASEMENT FOR PONDING PURPOSES, LOT 1, BLOCK 1, AND OUTLOT A, OAKDALE WEST THIRD ADDITION. Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-111 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF RESOLUTION 95-110 VACATING DRAINAGE AND UTILITY EASEMENTS AND DRAINAGE EASEMENTS FOR PONDING WITHIN OAKDALE WEST THIRD ADDITION. Motion carried, six ayes. Regular Council Meeting February 7, 1995 Page 13 ITEM 8-A REQUEST FROM TOM GRAHAM REGARDING LAND ACQUISITION FOR VINEWOOD CONNECTION Public Works Director Moore stated that the City Council previously directed that the necessary land be acquired in order that Xenium Lane can be extended and connected to Vinewood Lane as a 1995 construction project. The City Attorney has proceeded with the quick -take condemnation process, and the City will have possession of the property between April 20-24. Director Moore explained that Graham Land Development Company has an option with the property owner to purchase the property that is being condemned. Graham has also submitted a plat application to the City for the development of this property. Graham Land Development Company has requested that the Council direct the City Attorney to delay the condemnation process in order that he can receive Planning Commission and City Council action on his proposed plat and make final purchase of the property. It is the City's understanding that Graham has a purchase agreement which expires on April 15. Public Works Director Moore recommended that no action be taken by the City Council to delay the current condemnation process. He noted that the earliest the City could have possession of the property is on April 24; however, it is at the discretion of the City when payment is made to the court in the amount of the appraised value. Councilmember Granath said that there is no evidence in the Graham request that a delay in the condemnation process would be of benefit to the City. He believes there is every reason to stay on schedule for the benefit of the residents in the neighborhood, in order that the street construction can be accomplished in 1995. MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to accept the staff report and recommendation to take no additional action, and to continue with the quick -take condemnation process. Mark Kaster, 3660 Wedgewood Lane, said that the Heritage West 2nd Addition neighborhood is very interested in seeing the roadway construction completed in 1995 on schedule. He suggested that because Graham has an option to the purchase the property, the City should also name Graham as a party in the condemnation. Attorney Knutson stated that has been done. Motion carried, six ayes. Councilmember Anderson arrived at 8:00 p.m. Regular Council Meeting February 7, 1995 Page 14 ITEM 6-X AUTHORIZE REQUEST FOR PROPOSALS FOR CONCEPT PLAN AND DESIGN GUIDELINES FOR DOWNTOWN PLYMOUTH Ken Streeter, 13100 35th Avenue North, stated he owns Plymouth Hills Development. He said that this group recently came before the Council with a request to change the guiding of Downtown Plymouth. Since that time, they have worked hard to attract retailers. He requested that no action be taken on the stars recommendation to authorize request for proposals for concept plan and design guidelines for Downtown Plymouth. He believes that aesthetic issues could be discussed, but further concept planning would be a waste of time and money. Dick Grones, 18103 Priory Lane, Cambridge Realty, stated that he is working with a developer who proposes a K -Mart department store in Downtown Plymouth. He requested that, at a minimum, development applications can be submitted and considered during the same time as the study occurs. Mr. Grones stated that they have support from the surrounding land owners, and he believes that a K -Mart is a compatible use for this location. It is his understanding that the City -owned site former Cavanaugh/library site) would be removed from the market until the study is completed. Community Development Director Hurlburt clarified that no type of moratorium is being proposed and that staff is continuing discussions with a number of landowners in Downtown Plymouth. She stated that the number of developers contacting the City with interest in development in Downtown Plymouth has pointed out the need for a better plan for the area. She stated that the City -owned site is a key site for development of the area, and there are several individuals interested in purchasing this property. The proposed process would include development of a timeline, proposal, and process for receiving and evaluating proposals for purchase and development of the City -owned site. She estimated that requests for proposals could be received within four weeks with completion of the study by June. Councilmember Helliwell asked how development requests for Downtown Plymouth will be handled during the study. She believes that a unifying theme is needed for this area. Community Development Director Hurlburt stated that during the study, staff will consider all development proposals that come forward for this area - except offers for purchase and development of the City -owned parcel. Councilmember Lymangood suggested that a mailing list be established for individuals wishing to be kept abreast of this issue. He also stated that property owners and business owners in Downtown Plymouth should be involved in the Regular Council Meeting February 7, 1995 Page 15 study. He suggested adding an item to the proposal "to solicit current property owners/business operators in Downtown Plymouth for their input." Councilmember Edson stated he views this process to develop a concept plan as a refinement of the reguiding that occurred in 1993 - not a complete new plan. He believes that City ownership of the former Cavanaugh parcel could stimulate development in Downtown Plymouth. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to authorize staff to request proposals for consulting services to prepare a concept plan and design guidelines for Downtown Plymouth. Motion carried, seven ayes. ITEM 9-A REPORT ON RENTAL HOUSING LICENSING AND INSPECTION PROGRAM Building Official Ryan presented the staff report on the rental housing licensing and inspection program. He stated that the Council had tabled the Housing Maintenance Code fee structure to December, 1994, and directed staff to report on implementation of the first year of the program and to reconvene the focus group to discuss the rental license fee schedule. He stated that members of the focus group raised concerns regarding the equity of the 1994 license fee amount being charged to the various rental categories, and felt that the present fee schedule for rental properties is higher than the calculated average charged by other cities (with the exception of multi -family complexes). He said that the City Council previously discussed at a study session that the City should pay 1/3 of the overall program cost, with license fees covering the remaining 2/3. Mayor Tierney asked how often the sites will be inspected. Building Official Ryan responded that the sites are initially being inspected on an annual basis. In the future, inspections every two to three years could be considered. Councilmember Anderson asked what percentage of multi -family units were inspected in 1994, and the cost for conducting various inspections. Building Official Ryan said that inspections were conducted on all 28 multi -unit applications in 1994. He explained that more time is spent inspecting a single family home than an apartment complex unit, but the complexity of the multi- family unit inspection is greater. Regular Council Meeting February 7, 1995 Page 16 Councilmember Anderson stated that the previous Council wanted the program to be at least 2/3 self-funded. He does not want to use other budget funds to go beyond that. Manager Johnson said that the Housing Inspector also conducts Section 8 rental inspections and handles code enforcement issues. If the hours spent on those activities were charged to the appropriate department activity funds, the rental housing maintenance program would actually be about 80 percent self-funded. Building Official Ryan said the program was 71 percent self-funded in 1994, with the remainder funded from the General Fund. Councilmember Edson noted that the focus group consists of people who will be paying the fees. He suggested that staff recommend a revised fee schedule. For example, an increase of $10 per unit would generate $3,350 in additional revenue. This would also be more consistent with the fees charged by comparable cities. He also asked when the reinspection fee would be charged. Building Official Ryan said that members of the focus group reached consensus on the proposed fee schedule. A reinspection fee would be assessed only if staff finds there are deficiencies and no corrections are made. Councilmember Helliwell stated that some multi -family unit owners indicated that in other cities with a housing maintenance program, inspections are only conducted every few years. Building Official Ryan stated that because this is a new program, he feels there is a need to address deficiencies in the first couple of years of the program. Thereafter, inspections could be considered less often. Councilmember Wold asked if these inspections will reduce the high number of violations that were found in the initial year of the program. Building Official Ryan said yes. There should be a decline in all types of violations after the initial year or so of the program. Regular Council Meeting February 7, 1995 Page 17 MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt an ordinance establishing the following rental dwelling fees: a) One Family Dwelling $54 b) Two Family Dwelling $50 plus $4 per rental unit c) Condominium Dwelling Unit $50 plus $4 per rental unit d) Three or Four Family Dwelling $50 per Complex plus $4 per rental unit e) Five or More Family Dwelling $50 per Complex plus $4 per rental unit f) Reinspection Fee $30 per inspection Councilmember Edson stated these proposed fees would bring the program funding closer to the 2/3 self -funding desired by the Council. Councilmember Helliwell asked if the focus group members were notified of this meeting and the proposal. Building Official Ryan responded that members of the focus group received a copy of the staff report and were invited to attend this meeting. Councilmember Helliwell suggested that the focus group members should now be renotified before action is taken since the proposed motion is for establishing rates higher than the focus group recommendation. Councilmember Anderson stated that the proposed rates are substantially less than those charged in 1994. Roger Benson, 1250 Culliver, Buffalo, stated he owns three rental units in Plymouth and urged the Council to adopt the fee schedule as recommend. He stated it was very difficult for the focus group to reach a consensus on a recommendation for fees. Mr. Benson stated that the revised fee schedule still favors the large property owners, and requested that the initial fee be kept as low as possible with the per unit fee increased if necessary. Mayor Tierney stated that if the fees are going to be increased from the focus group recommendation, the focus group members should be notified first. Building Official Ryan stated that it is difficult to establish an average cost for any type of dwelling unit inspection. Inspection time is minimized if no violations are found, but some single family rental dwellings are older housing stock with a large number of violations. The time needed for an inspector to drive to and from each unit must also be included in the cost, as well as the inspector's time writing up violations, communicating with the property owner, and conducting second inspections. Regular Council Meeting February 7, 1995 Page 18 Councilmember Wold emphasized that the motion would establish a fee schedule substantially reducing the present fees. Mayor Tierney stated that multi -family property owners pay substantially more in property taxes and should received some benefit for this. Motion failed: Edson, Anderson, and Wold ayes; Lymangood, Helliwell, Granath, and Tierney nays. MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to adopt an ordinance establishing inspection fees as recommended by the focus group. Motion failed: Helliwell, Granath, and Tierney ayes; Lymangood, Edson, Anderson, and Wold nays. Mayor Tierney asked if the Council wanted the proposed fee schedule sent to the focus group for further consideration. Councilmember Edson stated the focus group is biased toward the rental industry. He suggested that Council or staff needs to provide a recommendation. MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to table the issue and direct staff to develop a recommendation for a fee schedule that will meet the 2/3 program self -funding. This could include the suggestion by Manager Johnson to charge the housing inspector's time more accurately to appropriate budget program areas. Motion carried, seven ayes. ITEM 9-B APPOINT BOARD AND COMMISSION MEMBERS Assistant City Manager Lueckert presented the recommendations of the Council Subcommittee on Boards and Commissions for appointments to various City boards and commissions. Councilmember Anderson asked if all commission appointment recommendations were unanimous. Assistant City Manager Lueckert responded that the Planning Commission recommendations were not unanimous among the Subcommittee members. Regular Council Meeting February 7, 1995 Page 19 MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-112 APPOINTMENTS TO BOARDS AND COMMISSIONS, as recommended by the Council Subcommittee on Boards and Commissions. MOTION to exclude the Planning Commission appointments and to consider them separately was made by Councilmember Anderson, seconded by Councilmember Edson. Motion carried; Anderson, Lymangood, Helliwell, Edson, and Tierney ayes; Granath and Wold nays. Main motion as amended carried, seven ayes. Councilmember Helliwell stated she was a member of the Subcommittee, but was unable to participate in the candidate interviews. She will support the recommendations of the Subcommittee for Planning Commission appointments. MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to appoint the following individuals to the Planning Commission for terms expiring 1/31/98, as recommended by the Subcommittee: Mike Stulberg, Christian Preus, and Saundra Spigner. Councilmember Anderson stated that since there was not unanimous agreement among the Subcommittee, he would prefer to vote on each appointment. Motion carried, Helliwell, Granath, Wold, and Tierney ayes; Lymangood, Edson, Anderson nays. ITEM 9-B-2 FINANCIAL ADVISORY COMMITTEE AND COMMISSION RECOGNITION Assistant Manager Lueckert stated that the Council Subcommittee on Boards and Commissions recommends that the Financial Advisory Committee be dissolved effective February 28, 1995. The Subcommittee felt that the Financial Advisory Committee has fulfilled its original purpose and that any future financial issues could best be handled by a task force which would address specific issues and then dissolve. She stated that the Subcommittee also recommends that the Water Quality Committee be continued. Given the creation of the Water Quality Task Force in November, the Subcommittee members did not feel that they had sufficient information about both groups to make a recommendation. The Subcommittee Regular Council Meeting February 7, 1995 Page 20 also recommends that the City hold an informal reception to honor current and retiring board and commission members. The reception would be held in the year following a City Council election and after new board and commission members are appointed. Because it has been several years since a recognition event was held, the subcommittee recommends that staff plan an event for this spring, and begin the recommended cycle in 1996. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION 95-113 DISSOLVING THE FINANCIAL ADVISORY COMMITTEE, and RESOLUTION 95-114 POLICY REGARDING RECEPTION FOR BOARD AND COMMISSION MEMBERS. Motion carried, seven ayes. ITEM 9-C DISCUSSION OF LETTER RECEIVED FROM SCHOOL DISTRICT 279 Councilmember Anderson stated he had requested that a letter received from Clair w. Coughlin, Chairperson of the School District 279 Board, be placed on the agenda for discussion. He stated that he was asked by Councilmember Helliwell at a previous Council meeting to support a resolution regarding boundaries of School District 279 and a resolution was adopted by the Council. He is concerned that the position of the City be accurately communicated. He said that Councilmembers can give their opinions on matters as private citizens, but should not speak obehalf of the Council unless the Council specifically empowers a Councilmemer to do so. Councilmember Helliwell stated that she is the Council Coordinating Representative (CCR) for School District 279. She stated that she has kept the Council abreast of what has occurred regarding the School District 279 boundary changes. She believes that a response should be made to the letter received from Chairperson Coughlin; however, she suggested that the response be delayed until the public hearings are completed on the boundary changes. Councilmember Anderson stated that if a response is going to be made, it should be voted on by the Council as a regular agenda item. MOTION was made by Mayor Tierney, seconded by Councilmember Anderson, to adjourn the meeting at 9:17 p.m. Motion carried, seven ayes. Lau 'e F. Ahrens City Clerk