Loading...
HomeMy WebLinkAboutCity Council Minutes 11-14-1995MINUTES REGULAR COUNCIL MEETING NOVEMBER 14, 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 November 14, 1995. COUNCIL PRESENT: Mayor Tierney; Councilmembers Lymangood, Granath, Edson, Anderson, and Wold. ABSENT: Councilmember Helliwell. STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Police Lieutenant Twaddle, Park Director Blank, Finance Director Hahn, City Attorney Knutson, and City Clerk Ahrens. ITEM 3 PLYMOUTH FORUM Ed Sieber, 11792 Dunhill Road, Eden Prairie, represented Johnson Brothers Corporation regarding a parcel involved in the open space acquisition. Mr. Sieber stated that Johnson Brothers has had four possible purchase agreements in the last year on this parcel. However, disclosure is required, and Johnson Brothers has had to advise potential buyers that the City may have an interest in acquisition of the parcel for open space purposes. Mr. Sieber stated that in the last few months, Johnson Brothers has heard little from the City. On September 19, Johnson Brothers sent a letter to the City asking for a decision. The City Attorney sent a proposal to Johnson Brothers offering to purchase the parcel for $100,000. Mr. Sieber stated that this parcel was appraised by the City at $651,000 earlier this year. On October 19, Mr. Michaels from Johnson Brothers responded to the City that the amount was unacceptable. Mr. Sieber has recommended to Johnson Brothers that their best approach is to accept an offer of $500,000 and a time payment plan. He stated that Johnson Brothers is anxious for a response from the City. City Manager Johnson stated the City Council is scheduled to discuss this item in a future study session. Staff is recommending that a study session be held for this purpose on November 27. Sally Stewart, 1440 S.W. 20th Street, Boca Raton, Florida, stated that she owns property contiguous to the Johnson Brothers parcel. She has written several letters to the City on the status of negotiations and has received no response. Ms. Stewart stated that they are unable to sell their property as long as the City may be interested in purchasing it. She stated that she understands that the bond referendum for open space acquisition passed several months ago and that all of the money received from the referendum has been spent. She requested that her property either be purchased by the City or that the City provide a letter indicating that the City is no longer interested in acquisition of the parcel. She is interested in Regular Council Meeting November 14, 1995 Page 2 having her parcel developed in an environmentally sensitive manner and would appreciate a response as soon as possible. Manager Johnson stated that it is untrue that all of the money from the open space referendum has been spent. Councilmember Lymangood stated that there are three affected properties in this area. He requested that staff notify the three property owners of the upcoming study session. ITEM 4 PRESENTATIONS Public Safety Director Gerdes introduced new police officers Jay Lonien, Todd Ewing, and Jeff Boller. Clerk Ahrens administered the oaths of office. Manager Johnson announced that Craig Gerdes has been appointed by the Governor to the State Police Officers Standards and Training Board. ITEM 5 APPROVE AGENDA Mayor Tierney requested that a report on the City Manager's evaluation be added to the agenda as item 9-A. Councilmember Lymangood requested that an item be added to the agenda relating to a letter sent to Ms. Symchyk regarding northwest Plymouth planning. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to approve the agenda as amended. Motion carried, six ayes. ITEM 6 CONSENT AGENDA Items 6-I, 6-S, and 6-R were removed from the consent agenda. Manager Johnson reported that Item 6 -AA relates to an appointment to the Housing and Redevelopment Authority. He clarified that the term of office would be through January 31, 1997, and the individual would be replacing Thomas Rugh on the HRA. This item remained on the consent agenda. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt the Consent Agenda as amended. Motion carried, six ayes. ITEM 6-A APPROVE DISBURSEMENTS MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-668 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING NOVEMBER 3, 1995. Motion carried, six ayes. Regular Council Meeting November 14, 1995 Page 3 ITEM 6-B APPROVE 1996 COMMUNITY DEVELOPMENT BLOCK GRANT CDBG) FUNDING ALLOCATION MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95- 669 AUTHORIZING SUBMISSION OF THE CITY OF PLYMOUTH'S APPLICATION TO THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR FISCAL YEAR 1996 AND ADOPTING THE 1996 ACTION PLAN COMPONENT OF THE CITY'S CONSOLIDATED PLAN. Motion carried, six ayes. ITEM 6-C NEDEGAARD CUSTOM HOMES. LOT DIVISION/ CONSOLIDATION (95099) MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-670 APPROVING LOT DIVISION/LOT CONSOLIDATION FOR NEDEGAARD CONSTRUCTION, INCORPORATED, FOR PROPERTY LOCATED AT LOTS 1-4, BLOCK 1, COURTYARDS OF FRENCH CREEK (RPUD 92-6) 95099). Motion carried, six ayes. ITEM 6-D WESTON CORPORATION. APPROVE FINAL PLAN/PLAT FOR NANTERRE DEVELOPMENT (94093F) MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-671 APPROVING RPUD FINAL PLAN/PLAT AND DEVELOPMENT CONTRACT FOR WESTON, HILLOWAY CORPORATION AND MOEN LEUER CONSTRUCTION LOCATED WEST OF VICKSBURG LANE AT SCHMIDT LAKE ROAD 94093). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-672 ADOPTING ASSESSMENTS, CITY PROJECT NO. 534, SANITARY SEWER AND WATERMAIN AREA, NANTERRE. Motion carried, six ayes. Regular Council Meeting November 14, 1995 Page 4 ITEM 6-E KINDER CARE LEARNING CENTERS, INCORPORATED, CHILD CARE CENTER, (95088) MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-673 APPROVING A PUD PRELIMINARY PLAN AMENDMENT, PUD FINAL PLAN AND CONDITIONAL USE PERMIT FOR KINDER CARE LEARNING CENTERS, INC., FOR PROPERTY LOCATED WEST OF PLYMOUTH BOULEVARD AND SOUTH OF ROCKFORD ROAD (95088) (MPUD 78- 2). Motion carried, six ayes. ITEM 6-F JANCO, INC. FINAL PLAT FOR ROCKFORD GLEN 2ND ADDITION (95114) MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-674 APPROVING RPUD FINAL PLAT FOR JANCO, INC., FOR ROCKFORD GLEN 2ND ADDITION LOCATED AT THE SOUTHEAST CORNER OF OLD ROCKFORD ROAD AND PEONY LANE (95114). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-675 ADOPTING ASSESSMENTS, CITY PROJECT NO. 536, SANITARY SEWER AND WATERMAIN AREAS, ROCKFORD GLEN 2ND ADDITION. Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-676 ADOPTING ASSESSMENTS, CITY PROJECT NO. 535, SANITARY SEWER AND WATERMAIN AREA, ROCKFORD GLEN. Motion carried, six ayes. ITEM 6-G LDK BUILDERS, INC. AMENDMENTS OF THE PUD PLAN AND CONDITIONAL USE PERMIT FOR FRENCH RIDGE PARK ADDITION (95108) MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-677 APPROVING AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR LDK BUILDERS, INC., FOR BLOCK 2, FRENCH RIDGE PARK ADDITION (RPUD-95-2)(95108). Motion carried, six ayes. Regular Council Meeting November 14, 1995 Page 5 ITEM 6-H APPROVE RELEASE OF TREE PRESERVATION BONDS MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-678 RELEASING SITE PERFORMANCE GUARANTEE FOR TREE PRESERVATION, INVERNESS ADDITION (94028). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-679 RELEASING SITE PERFORMANCE GUARANTEE FOR TREE PRESERVATION, ABINGDON DEVELOPMENT CORPORATION (94135). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-680 RELEASING SITE PERFORMANCE GUARANTEE FOR TREE PRESERVATION, ORRIN THOMPSON HOMES (94045-94046). Motion carried, six ayes. ITEM 64 GRANT AGREEMENT FOR CADET APPRENTICESHIP PROGRAM MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to authorize the City Manager and Director of Public Safety to enter into a grant for the third year of its Cadet Apprenticeship Program (CAP) with the Juvenile Justice Advisory Committee. Motion carried, six ayes. ITEM 6-K ESTABLISH NOVEMBER 27 AS A SPECIAL COUNCIL MEETING MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to establish a Special Council Meeting at 7:00 P.M. on Monday, November 27, in the City Council Chambers to review the following topics: draft housing goals agreement, recreational sports facilities report, and open space negotiations. Motion carried, six ayes. ITEM 6-L ORDINANCE AMENDING REGULATIONS FOR TARGET OR TRAP SHOOTING ACTIVITIES MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt ORDINANCE 95-51 RELATING TO LICENSING OF TARGET OR TRAP SHOOTING ACTIVITIES, AMENDING CITY CODE SECTION 930.03. Motion carried, six ayes. Regular Council Meeting November 14, 1995 Page 6 MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-681 AUTHORIZING THE CITY TO SHARE IN THE COST OF THE INITIAL ENVIRONMENTAL AUDIT OF THE PLYMOUTH GUN CLUB SITE WITH THE PLYMOUTH GUN CLUB WITH THE AMOUNT NOT TO EXCEED $800. Motion carried, six ayes. ITEM 6-M SUPPORT NO HENNEPIN COUNTY FUNDING REDUCTIONS FOR NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-682 SUPPORTING NO HENNEPIN COUNTY FUNDING REDUCTIONS FOR THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL BUDGET. Motion carried, six ayes. ITEM 6-N THOMAS AND GERDA TRAINER. LOT DIVISION FOR 13240 SUNSET TRAIL (95107) MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-683 APPROVING LOT DIVISION FOR THOMAS AND GERDA TRAINER FOR PROPERTY LOCATED AT 13240 SUNSET TRAIL (95107). Motion carried, six ayes. ITEM 6-0 ORDER STREET LIGHTING IMPROVEMENTS MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-684 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING, THE PONDS AT BASS CREEK 2ND ADDITION. Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-685 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING, THE PONDS AT BASS CREEK 2ND ADDITION. Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-686 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING, SHORES OF KREATZ LAKE. Motion carried, six ayes. Regular Council Meeting November 14, 1995 Page 7 MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-687 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING, SHORES OF KREATZ LAKE. Motion carried, six ayes. ITEM 6-P AUTHORIZE SPECIAL ASSESSMENT AGREEMENT FOR EASEMENTS ON THE LEUER PROPERTY FOR PEONY LANE MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-688 AUTHORIZING THE APPLICATION OF FUTURE SPECIAL ASSESSMENTS TOWARD THE PURCHASE OF THE NECESSARY EASEMENTS FOR CITY PROJECTS 502 AND 503. Motion carried, six ayes. ITEM 6-0 AUTHORIZE GRANT AGREEMENT FOR BADGES IN BUSINESS PROGRAM MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-689 AUTHORIZATION TO ENTER INTO GRANT AGREEMENT WITH THE STATE OF MINNESOTA TO RUN THE BADGES IN BUSINESS PROGRAM IN PLYMOUTH IN AN ATTEMPT TO REDUCE UNDERAGE ACCESS TO ALCOHOLIC BEVERAGES. Motion carried, six ayes. ITEM 6-T FINAL PAYMENT FOR 1995 SEAL COAT PROGRAM MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-690 REQUEST FOR PAYMENT NUMBER 2 AND THE FINAL, 1995 SEAL COAT PROGRAM. Motion carried, six ayes. ITEM 6-U ORDER PRELIMINARY ENGINEERING REPORT FOR HUGHSTON ADDITION UTILITIES MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-691 RECEIVING PETITION AND ORDERING PREPARATION OF PRELIMINARY REPORT, HUGHSTON ADDITION AND ADJACENT AREA NORTH OF HIGHWAY 55, STREET AND UTILITY IMPROVEMENTS, CITY PROJECT NUMBER 537. Motion carried, six ayes. Regular Council Meeting November 14, 1995 Page 8 ITEM 6-V APPROVE PURCHASE OF TRAILER MOUNTED GENERATOR FOR SEWER AND WATER DIVISION MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-692 APPROVAL OF ONE TRAILER - MOUNTED STANDBY GENERATOR SET. Motion carried, six ayes. ITEM 6-W AUTHORIZE PREPARATION OF EMERGENCY PREPAREDNESS PLAN AND CONSERVATION PLAN FOR WATER SUPPLY SYSTEM MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-693 APPROVE CONSULTANT FOR EMERGENCY PREPAREDNESS AND CONSERVATION PLAN, WATER SUPPLY SYSTEM. Motion carried, six ayes. ITEM 6-X REDUCTION OF DEVELOPMENT CONTRACT FINANCIAL GUARANTEES MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-694 REDUCING REQUIRED FINANCIAL GUARANTEE, STEEPLECHASE STH ADDITION (90068). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-695 REDUCING REQUIRED FINANCIAL GUARANTEE, WALNUT GROVE POND ADDITION 94100). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-696 REDUCING REQUIRED FINANCIAL GUARANTEE, AUTUMN HILLS ADDITION (92060). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-697 REDUCING REQUIRED FINANCIAL GUARANTEE, QUAIL HOLLOW ADDITION (93134). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-698 REDUCING REQUIRED FINANCIAL GUARANTEE, FORSTER PRESERVE PLAT 2 (94057). Motion carried, six ayes. Regular Council Meeting November 14, 1995 Page 9 MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-699 REDUCING REQUIRED FINANCIAL GUARANTEE, NANTERRE ADDITION (94093). Motion carried, six ayes. ITEM 6-Y APPROVE ALL -WAY STOP AT VICKSBURG LANE/ROCKFORD ROAD AND 26TH AVENUE/MEDICINE RIDGE ROAD MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-700 INSTALLATION OF VARIOUS STOP SIGNS. Motion carried, six ayes. ITEM 6-Z APPROVE MEMBERSHIP IN SUBURBAN TRANSIT ASSOCIATION MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-701 AUTHORIZING MEMBERSHIP IN SUBURBAN TRANSIT ASSOCIATION. Motion carried, six ayes. ITEM 6 -AA APPOINTMENT TO HOUSING AND REDEVELOPMENT AUTHORITY MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-702 APPOINTING PATRICK PELSTRING TO FILL THE VACANCY ON THE PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY FOR THE TERM TO EXPIRE JANUARY 31, 1997. Motion carried, six ayes. ITEM 7-A HEARING TO CONSIDER LIQUOR LAW VIOLATION FOR GAULRAPP' S LIQUOR. INC. Public Safety Director Gerdes stated on February 21, 1995, a letter was sent to all on and off sale liquor establishments within the city notifying them that the Police Department would be involved in a liquor law sales violation project during the month of March. Gaulrapp's Liquor Store received a copy of this letter via return receipt requested mail which was signed for by James Gaulrapp. On March 28, 1995, a 20 -year-old member of the Plymouth Police Reserves working with Police Department members purchased alcohol in Gaulrapp's Liquor Store. The sales clerk appeared in court on July 27, and pled guilty to gross misdemeanor procuring alcohol for minors. Charges were continued for one year with no same or similar violations and $200 costs were imposed by the judge. Director Gerdes stated that this is the second recorded offense of underage sale acted on by the Council at this establishment. The first incident occurred on June 7, 1989. He stated that information from this incident shows that the minor Regular Council Meeting November 14, 1995 Page 10 had used a falsified identification card in order to purchase the alcohol. The Council imposed a $1,000 fine for that violation which was stayed conditional on no same or similar violations for 12 months, and payment of a $500 fine. Director Gerdes stated that a review of the record shows a possible violation prior to 1988; however, there is no documentation of the violation going before the Council. Director Gerdes recommended that a civil fine of $1,500 and a 20 -day suspension of the liquor license be imposed for the liquor law violation occurring on March 28, 1995. He further recommended that 18 days of the license suspension be stayed for 12 months, leaving two days to be served at the City's direction. If no same or similar violations occur during the next 12 months, the stayed suspension would be waived. If another violation occurs within the 12 month period, the Council would automatically impose the suspension as well as establish a hearing for the additional violation and possible additional sanctions. Mayor Tierney opened the public hearing to consider the suspension, revocation, or other action relating to the liquor law violation occurring on March 28, 1995, for Gaulrapp's Liquor, Inc., 3435 North Highway 169. No one appeared, and the hearing was closed. Councilmember Granath asked how the dates of suspension would be determined. Public Safety Director Gerdes responded that if the Council directs a suspension to occur, the Public Safety Department would establish those dates and notify the owner. MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, that a civil fine of $1,500 and a 20 -day suspension of the liquor license for Gaulrapp's Liquor, Inc., 3435 North Highway 169, be imposed. Eighteen days of the license suspension would be stayed for 12 months, leaving two days to be served at the direction of the Public Safety Director. If no same or similar violations occur during the 12 months, the stayed suspension would be waived. If another violation occurs within the 12 -month period, the Council would automatically impose the suspension as well as establish a hearing for the additional violation and possible additional sanctions. Motion carried, six ayes. ITEM 7-B HEARING TO CONSIDER LIQUOR LAW VIOLATION FOR ASHBECK-GUTH, INC., COLONY LIQUOR Public Safety Director Gerdes stated on February 21, 1995, a letter was sent to all on and off sale liquor establishments within the city notifying them that the Police Department would be involved in a liquor law sales violation project during the month of March. Colony Liquor Store received a copy of this letter via return receipt requested mail which was signed for by Robert Guth. On March 25, 1995, a 20 -year-old member of the Plymouth Police Reserves working with Police Department members, purchased alcohol in Colony Liquor Store from the owner Robert Guth. Mr. Guth appeared in court on August 11, and pleaded guilty to Regular Council Meeting November 14, 1995 Page 11 gross misdemeanor procuring alcohol for minors. Charges were continued for dismissal for one year with no same or similar violations and $100 prosecution costs were imposed by the judge. Public Safety Director Gerdes stated that Colony Liquors license was issued May 2, 1983. On May 13, 1988 they had a recorded offense of sale to a minor. The City Council imposed a penalty in the amount of a $1,000 fine which was stayed conditional on no same or similar violations in the next 12 months, as well as payment of a $500 contribution to a chemical abuse prevention program. A review of the records shows a possible violation prior to 1988, however there is no documentation of the violation going before the Council. Public Safety Director Gerdes recommended that because of the owner's direct involvement in this sale, a civil fine of $2,000 and 20 -day suspension of the liquor license be imposed. He further recommended that 18 days of the license suspension be stayed for 12 months, leaving two days to be served at the City's direction. If no same or similar violations occur during the 12 months, the suspension would be waived. If another violation occurs within the 12 -month period, the Council would automatically impose the suspension as well as establish a hearing for the additional violation and possible additional sanctions. Mayor Tierney opened the public hearing to consider the suspension, revocation, or other action for the liquor law violation for Ashbeck-Guth, Inc., Colony Liquor, 15705 35th Avenue North. Robert Guth, 2925 Holly Lane, apologized for the incident. He said there were extenuating circumstances as he was alone at the store that night. The previous month he had suffered a heart attack, and on the night of the violation he was tired, on medication, and made a mistake. MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to impose a civil fine of $2,000 and a 20 -day suspension of the liquor license for Ashbeck-Guth, Inc., Colony Liquor, 15705 35th Avenue North. Eighteen days of the license suspension would be stayed for 12 months, leaving two days to be served at the direction of the Public Safety Director. If no same or similar violations occur during the 12 months, the stayed suspension would be waived. If another violation occurs within the 12 -month period, the Council would automatically impose the suspension as well as establish a hearing for the additional violation and possible additional sanctions. Motion carried, five ayes, Granath nay. It was clarified that it is the discretion of the Public Safety Director to return to the Council with a recommendation to reduce the time of the stayed suspension if the establishments adequately cooperate with the Police Department in efforts to eliminate underage sale of liquor to minors. Regular Council Meeting November 14, 1995 Page 12 ITEM 7-C MODIFICATION TO TAX INCREMENT DEVELOPMENT DISTRICT NO. 7 Finance Director Hahn reported that staff has reviewed the projects within the City's Tax Increment Financing Plan. He recommended that the plan be revised and the tax increment boundaries of Development District 7 be expanded. He stated the proposed modifications are being recommended to remove projects that are not likely to be completed in the near future, and to provide financing for various projects that have moved up in priority such as the Peony Lane Improvements. Mayor Tierney opened the public hearing in modification to Tax Increment Development District Number 7. No one appeared, and the hearing was closed. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-703 APPROVING AMENDMENT TO DEVELOPMENT DISTRICT NUMBER 7 AND APPROVING AMENDMENTS TO THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NOS. 1-3,1-4,1-5,2-1,3-1, 3-2, 3-3, 4-1, 4-2, 4-3, 5-1, 6-1, AND 7-1. Motion carried, six ayes. ITEM 8-A (6-1) NORTHWEST PLYMOUTH PLANNING AND PARTICIPATION IN LIVABLE COMMUNITIES PROGRAM Councilmember Lymangood referenced a letter sent to Janice Symchych regarding the status of northwest Plymouth planning. He has had some interaction with northwest Plymouth residents, who are concerned about improving their communication channels with the City. He suggested that a subcommittee be established to work on communication issues relating to northwest Plymouth planning. Manager Johnson stated that staff would welcome a subcommittee to assist with communication on this issue. He stated the City is still gathering baseline information with the Metropolitan Council and won't be ready to discuss alternatives until late spring. However, residents should be kept abreast of the status of the planning process. Councilmember Anderson stated that residents should have a voice in the process. He would like the Council to delay a decision on the Livable Communities program until the Council decides on a communication process. He volunteered to serve on a subcommittee to work on this issue. MOTION was made by Councilmember Anderson, seconded by Councilmember Wold, to establish a subcommittee consisting of Councilmembers Anderson and Granath and Mayor Tierney to work on communication issues relative to northwest Plymouth. Regular Council Meeting November 14, 1995 Page 13 Councilmember Edson stated that it may be useful to have additional members on the subcommittee, as well as involving citizens in a focus group. Community Development Director Hurlburt added that a Planning Commissioner could also serve on the subcommittee. Councilmember Anderson withdrew his motion. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to direct staff to recommend composition of a task force to work on communication issues regarding northwest Plymouth planning. Motion carried, six ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-704 ELECTING TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT DURING CALENDAR YEAR 1996. Motion carried, six ayes. ITEM 8-B (6-R) CONTINUATION OF SUMP PUMP INSPECTION PROGRAM Councilmember Lymangood stated that he had communicated with staff on several issues relating to continuation of the sump pump inspection program. He asked staff to review those issues. Finance Director Hahn stated that in the first phase of the sump pump inspection program, 88 homes were found discharging into the sanitary sewer system. He said that the approximate cost per year for 88 homes discharging into the sanitary sewer system is $40,551. The City will also experience reductions in hours of pumping time equating to $60,394 annually. He stated that the projected savings, if the sump pump program is continued for the entire city, is estimated at $436,630 per year. He said that the first phase of the program cost the City $38,100. The second phase is estimated to cost $143,000. He said that the consultants could complete inspections and correction of sump pump connections in the entire city for less than $436,000. In other words, the City could get a complete payback for the program in one year's time. Councilmember Lymangood stated that 931 homes have already been inspected under Phase 1. This proposal would inspect an additional 5,000 homes. He asked if 7,500 homes could be inspected in order to complete half the City in the first year. Councilmember Edson asked if Phase 2 would be targeting older homes in the city. Finance Director Hahn stated that the inspections during the first phase were determined by reviewing water and sewer records and trying to track where the largest increases in pumping occurred during large rainfalls. During the second phase inspections would be conducted in a more orderly manner through the city. Regular Council Meeting November 14, 1995 Page 14 Dale Tranter, MSA Consulting, stated there is a cost advantage to the City in continuing the inspections through the winter months. He stated that his firm could inspect another 7,500 homes by May 31. Finance Director Hahn stated that the quotation for the Phase 2 inspections is $24 for the initial inspection, and $43 for reinspection. There are additional costs for public notification. Mr. Tranter said that MSA Consulting would be willing to inspect as many homes as practical through May 31 for that quoted price. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION 95-705 AWARDING THE CONTRACT TO MSA CONSULTING ENGINEERS FOR A CONTINUATION OF THE SUMP PUMP INSPECTION PROGRAM, APPROVING AN INITIAL INSPECTION RATE OF $24, A REINSPECTION RATE OF $43, NOT TO EXCEED 10,000 HOMES, AND NOT TO EXCEED $3,250 FOR PUBLIC NOTIFICATION. THESE AMOUNTS WOULD BE VALID FOR INSPECTIONS INITIATED BY APRIL 30, 1996. Motion carried, six ayes. ITEM 9-A CITY MANAGER'S EVALUATION Mayor Tierney reported that the City Council met in closed session earlier this evening to conduct the City Manager's performance evaluation. She stated that areas relating to policy, planning, fiscal management, Councilmember relations, and communications were rated very high, with areas relating to personnel and supervision issues rated slightly lower. She concluded that the City Council ratings of the City Manager were strong across the board. ITEM 9-B (6-S) RECEIVE FINANCIAL TREND REPORT Finance Director Hahn briefly summarized the results of the City's financial trend report. He stated that revenues per capita are decreasing and the City may not be able to maintain existing service levels. However the expenditures per capita are also decreasing. He stated that the financial trend report is very positive, and reminded the Council that these are merely indicators that the City should watch in the future. He stated that staff is looking at issues such as the future projected decreases in building permit revenue, user charges, and enterprise fees. He stated that the financial trend report indicates that the City can provide service for 1996 at current levels. MOTION was made by Mayor Tierney, seconded by Councilmember Wold, to accept the financial trend report. Motion carried, six ayes. Regular Council Meeting November 14, 1995 Page 15 ITEM 6-M SUPPORT NO HENNEPIN COUNTY FUNDING REDUCTIONS FOR THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to reconsider Item 6-M, support no Hennepin County funding reductions for the Northwest Hennepin Human Services Council budget. Councilmember Lymangood stated that he is requesting reconsideration of this item in order that he can record a "no" vote. Motion carried, five ayes, Wold nay. MOTION was made by Mayor Tierney, seconded by Councilmember Wold, to adopt RESOLUTION 95-682 SUPPORT NO HENNEPIN COUNTY FUNDING REDUCTIONS FOR THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL BUDGET. Motion carried, five ayes, Lymangood nay. MOTION was made by Councilmember Edson, seconded by Councilmember Wold, to adjourn the meeting at 8:10 p.m. Motion carried, six ayes. Zd La rie F. Ahrens City Clerk