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HomeMy WebLinkAboutCity Council Minutes 04-18-1994MINUTES REGULAR COUNCIL MEETING APRIL 18, 1994 The regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on April 18, 1994. PRESENT: Mayor Tierney, Councilmembers Helliwell, Granath, Edson, Anderson, Morrison, and Lymangood. ABSENT: None STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Finance Director Hahn, Public Works Director Moore, Park Director Blank, Community Development Director Hurlburt, City Attorney Barnard, and City Clerk Rauenhorst ITEM 3-A FORUM -RENTAL LICENSING PROGRAM Pat Van Oss, 13111 Ridgemount Avenue North, Minnetonka, objected to the City's rental licensing program. He recently received a letter from the City with notification of the program. He has a single family rental property and objected to the fee structure as being unfair to single family units. He stated that rental properties pay much higher property taxes than homestead properties, and the only way for owners to make a profit is to charge higher rents to cover the licensing fee. Mayor Tierney explained that the licensing fee is $104 per unit, plus $4 per each additional multi -family unit. The Council requested that a history of the rental licensing program be provided. Mr. Van Oss stated his opposition to a flat fee. He stated many owner occupied units are in need of maintenance, but are not inspected under such a program. He believes that single family property owners should have been involved when the ordinance was being developed. A focus group was formed to study the issue, but single family property owners were not included. Councilmember Helliwell stated she would like the Council to consider the fee structure. The ordinance was established after the Council received complaints from tenants having problems with multi -family housing and absentee landlords. The maintenance code was adopted to keep the City's rental property up to code. Council Minutes April 18, 1994 Page 2 Manager Johnson stated staff will report on the notification procedure and the history of the program. He noted that this program is not a money -making venture for the City. ITEM 3-B KINGSVIEW HEIGHTS 3RD ADDITION Paul Harstad, Harstad Companies, stated that one of the conditions of the plat approval for Kingsview Heights 3rd Addition was that there be no access to Fernbrook Lane. He requested that the Council consider access to Fernbrook Lane for an existing home that was built in the 1940's. The home was originally proposed to be removed, but is now proposed to remain and become part of the homeowner association. Public Works Director Moore stated the Council has already approved the plat with that condition. Mr. Harstad would need to file an application to request revision of his plat approval. Councilmember Lymangood suggested that Mr. Harstad file an application for his request in order that a staff report can be forwarded to the City Council for consideration. ITEM 4-A ARBOR DAY PROCLAMATION Mayor Tierney proclaimed April 29 as Arbor Day in the City of Plymouth and invited residents to participate in a tree planting celebration at Wayzata East Junior High School Peace Garden. Park Supt. Peterson introduced Niki Johnson from the YES Group at Wayzata Jr. High School. Ms. Johnson explained the tree planting celebration and invited the City Council to attend. ITEM 5 APPROVE AGENDA Councilmember Lymangood requested that the fax received from the Financial Advisory Committee be added as Item 9-E. Mayor Tierney requested that the resignation of Mary Kay Watson from PRAC be added as Item 9-F, and correspondence received from the City of Hopkins as Item 9-G. Councilmember Morrison requested that Item 9-E be heard earlier on the agenda and moved to Item 8-H. Councilmember Anderson requested that Item 6-H be moved to Item 8-E-1. Council Minutes April 18, 1994 Page 3 MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to approve the agenda with the amendments noted above. Motion carried, seven ayes. ITEM 6 CONSENT AGENDA Item 6-I-3 was removed from the Consent Agenda. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to approve the Consent Agenda as amended. Motion carried, seven ayes. ITEM 6-A APPROVE CITY COUNCIL MINUTES MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to approve the City Council minutes of the Board of Review Meeting on April 11, 1994. Motion carried, seven ayes. ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-206 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING APRIL 8, 1994. Motion carried, seven ayes. ITEM 6-C STATE FARM MUTUAL AUTOMOBILE COMPANY. MPUD FINAL SITE PLAN (94017) MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-207 APPROVING MPUD FINAL SITE PLANS FOR STATE FARM AUTOMOBILE INSURANCE COMPANY FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF PLYMOUTH BOULEVARD AND 37TH AVENUE NORTH 94017). Motion carried, seven ayes. Council Minutes April 18, 1994 Page 4 MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-208 APPROVING LOT DIVISION/CONSOLIDATION FOR STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF PLYMOUTH BOULEVARD AND 37TH AVENUE NORTH (94017) Motion carried, seven ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-209 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION/CONSOLIDATION FOR STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF PLYMOUTH BOULEVARD AND 37TH AVENUE NORTH (94017). Motion carried, seven ayes. ITEM 6-1) TOLL COMPANY - CONDITIONAL USE PERMIT AND SITE PLAN AMENDMENT (93133) MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-210 APPROVING SITE PLAN AMENDMENT AND CONDITIONAL USE PERMIT FOR TOLL COMPANY FOR PROPERTY LOCATED AT 3005 NIAGARA LANE NORTH (93133). Motion carried, seven ayes. ITEM 6-E ROBBINSDALE AREA SCHOOLS - RELEASE OF SITE PERFORMANCE GUARANTEE (93012) MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-211 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR ROBBINSDALE AREA SCHOOLS FOR ZACHARY LANE ELEMENTARY SCHOOL FOR PROPERTY LOCATED AT 4350 ZACHARY LANE NORTH (93012). Motion carried, seven ayes. Council Minutes April 18, 1994 Page 5 ITEM 6-F KRAUS-ANDERSON CONSTRUCTION. REDUCTION OF SITE PERFORMANCE GUARANTEE (91074) MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-212 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR KRAUS- ANDERSON CONSTRUCTION FOR BETTGERS SERVICE PLAZA LOCATED NORTHWEST OF THE INTERSECTION OF VINEWOOD LANE AND ROCKFORD ROAD (91074). Motion carried, seven ayes. ITEM 6-G CHRISTOPHER PERRINE - LOT CONSOLIDATION (94037) MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-213 APPROVING LOT CONSOLIDATION FOR CHRISTOPHER PERRINE FOR PROPERTY LOCATED AT 14460 AND 14500 40TH PLACE NORTH (94037). Motion carried, seven ayes. Item 6-11 was moved to Item 8-E-1. ITEM 6-I DEVELOPMENT CONTRACT BOND REDUCTIONS. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-214 REDUCING DEVELOPMENT BOND -FISHERS POND ADDITION (89039). Motion carried, seven ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-215 REDUCING DEVELOPMENT BOND -PONDEROSA WOODS THIRD ADDITION 94004). Motion carried, seven ayes. Councilmember Helliwell stated there is a pond connected to Lake Camelot Estates 3rd Addition that was cleaned several years ago. Water flows into the pond from the development to the east. She asked if some of the bond funds could be used to dredge this pond once again before the bond is released. Council Minutes April 18, 1994 Page 6 Public Works Director Moore stated staff has no information that shows the sediment comes into the pond from the development to the east. He suggested that action be deferred on this item so staff can inspect the pond. MOTION was made by Councilmember Helliwell, seconded by Mayor Tierney, to defer this issue and to direct staff to meet with the President of the homeowner association. Motion carried, seven ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-216 REDUCING DEVELOPMENT BOND -HERITAGE RIDGE PLAT TWO EDITION 89036). Motion carried, seven ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-217 REDUCING DEVELOPMENT BOND-ROCKFORD ESTATES EDITION (93008). Motion carried, seven ayes. ITEM 64 1994 MUNICIPAL RECYCLING GRANT AGREEMENT MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-218 APPROVING 1994 MUNICIPAL RECYCLING GRANT AGREEMENT WITH HENNEPIN COUNTY. Motion carried, seven ayes. ITEM 6-K AGREEMENT WITH HENNEPIN COUNTY FOR TRAFFIC SIGNAL AT NORTHWEST BOULEVARD AND CAMPUS DRIVE PROJECT 410 MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-219 TRAFFIC SIGNAL AGREEMENT -COUNTY ROAD 61 (NORTHWEST BOULEVARD) AND CAMPUS DRIVE, CITY PROJECT NO. 410. Motion carried, seven ayes. Council Minutes April 18, 1994 Page 7 ITEM 6-L SET HEARING TO VACATE PORTION OF MAGNOLIA LANE. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-220 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF A PORTION OF MAGNOLIA LANE STREET RIGHT OF WAY WITHIN ELMHURST HEIGHTS ADDITION. Motion carried, seven ayes. ITEM 6-M SET HEARING ON PROPOSED VACATION OF OLD MEDINA ROAD STREET RIGHT OF WAY. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-221 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF A PORTION OF OLD MEDINA ROAD STREET RIGHT OF WAY WITHIN SEVEN PONDS 2ND EDITION. Motion carried, seven ayes. ITEM 6-N ORDER STREET LIGHTING IMPROVEMENTS MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-222 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING-ROCKFORD ESTATES. Motion carried, seven ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-223 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING-ROCKFORD ESTATES ADDITION. Motion carried, seven ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-224 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING -AUTUMN HILLS 2ND ADDITION. Motion carried, seven ayes. Council Minutes April 18, 1994 Page 8 MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-225 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING -AUTUMN HILLS 2ND ADDITION. Motion carried, seven ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-226 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING -HEATHER RUN 2ND ADDITION. Motion carried, seven ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-227 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING -HEATHER RUN 2ND ADDITION. Motion carried, seven ayes. ITEM 6-0 APPROVE MITIGATION PLANS FOR 1991 WETLAND ACT MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-228 APPROVING FILLING WETLANDS AND THE WETLAND REPLACEMENT PLAN FOR BANNER ENGINEERING (93126). Motion carried, seven ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-229 APPROVING FILLING WETLANDS AND THE WETLAND REPLACEMENT PLAN FOR PRESBYTERY CHURCH OF THE TWIN CITIES AREA (93141). Motion carried, seven ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-230 APPROVING FILLING WETLANDS AND THE WETLAND REPLACEMENT PLAN FOR CREEKSIDE ESTATES (93125). Motion carried, seven ayes. Council Minutes April 18, 1994 Page 9 ITEM 6-P APPROVE FINAL PAYMENT, PROJECT NO 040 MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-231 REQUEST FOR PAYMENT NO. 3 AND FINAL, NW -17 TRUNK SANITARY SEWER EXTENSION, PHASE 2, CITY PROJECT NO. 040. ITEM 6-0 APPROVE CHANGE ORDERS MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-232 APPROVING CHANGE ORDER NO. 1, NW -17 TRUNK SANITARY SEWER EXTENSION, PHASE 2, CITY PROJECT NO. 040. Motion carried, seven ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-233 APPROVING CHANGE ORDER NO. 1, WATER MAIN IMPROVEMENTS -WELL NO. 11, CITY PROJECT NO. 909. Motion carried, seven ayes. ITEM 6-R INSTALL STOP SIGNS AT VARIOUS LOCATIONS MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-234 INSTALLATION OF STOP SIGNS. Motion carried, seven ayes. ITEM 6-S APPROVE NO PARKING ON 14TH AVENUE ADJACENT TO LIONS PARK MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-235 APPROVE "NO PARKING" SIGNS INSTALLATION ON 14TH AVENUE. Motion carried, seven ayes. Council Minutes April 18, 1994 Page 10 ITEM 6-T AWARD CONTRACT FOR NOXIOUS WEEDS AND TALL GRASS ABATEMENT MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-236 AWARDING BID FOR THE 1994-1995 CUTTING OF NOXIOUS WEEDS AND TALL GRASS. Motion carried, seven ayes. ITEM 6-U SET PUBLIC HEARING ON TAX EXEMPT BOND ISSUE FOR MISSION FARMS NURSING HOME MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION NO. 94-237 RELATING TO A PROJECT ON BEHALF OF MISSION FARMS NURSING HOME, INC., UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL ACT; CALLING FOR A PUBLIC HEARING THEREON. Motion carried, seven ayes. ITEM 7-A VACATION OF EASEMENTS IN PLYMOUTH HILLS 3RD EDITION (94017) Public Works Director Moore presented the staff report on the proposed vacation of drainage and utility easements on Lots 4 and 5, Block 1, Plymouth Hills 3rd Addition (State Farm Site Plan, 94017). Mayor Tierney opened the public hearing at 7:33 p.m. David Nash, with McCombs Frank Roos, and Dorian Fortney, State Farm Insurance, were present to answer questions. The public hearing was closed at 7:34 p.m. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 94-238 AUTHORIZING THE VACATION OF A PORTION OF DRAINAGE AND UTILITY EASEMENTS IN LOTS 4 AND 5, BLOCK 1, PLYMOUTH HILLS 3RD ADDITION. Motion carried, seven ayes. Council Minutes April 18, 1994 Page 11 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 94-239 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF RESOLUTION 94-238 VACATING A PORTION OF DRAINAGE AND UTILITY EASEMENTS IN LOTS 4 AND 5, BLOCK 1, PLYMOUTH HILLS 3RD ADDITION. Motion carried, seven ayes. ITEM 8-A REQUEST OF PLYMOUTH HOUSING ALLIANCE TO OBTAIN SERVICES OF THE VOLUNTEER COORDINATOR AND TO APPOINT NEW BOARD MEMBERS Community Development Director Hurlburt explained the Plymouth Housing Alliance is a nonprofit group established last year by the Council on recommendation from the HRA to establish housing programs in the City. For its first project, the Alliance intends to solicit donations to build a home for a qualified lower income family. The Alliance has requested that the City assist by authorizing the Volunteer Coordinator to recruit volunteers to serve in the alliance. The HRA recommends that the Council approve this request. Mayor Tierney questioned whether a precedence may be established in terms of other groups making similar requests for use of City staff. Director Hurlburt stated there are not many situations where the board is appointed by the City Council, but other requests could be received. Councilmember Morrison asked what efforts have been made by the Housing Alliance to fulfill this need. Director Hurlburt responded that there have been notices in the newspaper and brochures have been developed. In response to a question by Councilmember Helliwell, Director Hurlburt stated no start-up money was directly given to this group. However, there were in-kind services such as staff time and attorney's fees, probably in the range of $10,000. In addition, the City donated the lot for the first building. Councilmember Helliwell noted that the Alliance has raised only $500 to date through the requests they have made. Director Hurlburt explained the Alliance is looking for the Volunteer Coordinator to recruit volunteers who can then assist with the fund raising. Council Minutes April 18, 1994 Page 12 Councilmember Edson explained the history of the Alliance and the first project proposed at Fernbrook Lane and County Road 9. He stated the City Attorney determined that the City should not be soliciting donations for this program, so an independent organization was formed. The original intent was that the City would recover money from the first home and use it as seed money for subsequent homes. He stated that several contractors have offered to help with this project, but the Housing Alliance needs assistance in recruiting volunteers. Councilmember Edson believes that because the City is financially involved in this project through the donation of land and in-kind contributions, this is an appropriate and unique request. Mayor Tierney stated she is willing to try this approach if it is reviewed by the Council no later than August 15. Councilmember Anderson stated that many residents submitted their names to serve on various City boards. These individuals should be contacted to determine their interest. He is concerned that the City could take over more and more duties of the Alliance. Councilmember Lymangood stated that the HRA minutes indicate there is a need for someone to serve as the project director. He suggested tabling this request to determine if this person could recruit volunteers. Councilmember Morrison stated that the group could consider alternative ways of accomplishing the needed tasks. Councilmember Edson stated this request is not out of line with duties of Volunteer Coordinators in other cities. Some cities have their Volunteer Coordinators direct large community events. He suggested that the issue be tabled so that the Housing Alliance can present their request with additional information. MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to table the request of the Plymouth Housing Alliance to obtain the services of the Volunteer Coordinator to no later than June 6. Director Hurlburt stated the Housing Alliance will be asked to provide a report on their needs and volunteer recruitment efforts to date. Motion carried, seven ayes. Councilmember Lymangood stated the Council has no information on the individuals recommended for appointment to the Housing Alliance Board or a current roster. Also, there is a discrepancy between the number of board members established in the bylaws and the requested appointments. Council Minutes April 18, 1994 Page 13 MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to request that a representative of the Housing Alliance come before the Council no later than June 6 to present the request. The Council is to be provided with a current roster and information on each of the recommended board appointees. Motion carried, seven ayes. ITEM 8-B APPROVE 1994 CDBG FUNDING REALLOCATIONS Director Hurlburt stated that since the Council approved the 1994 CDBG allocation, there have been a couple of changes. The City received a larger amount of CDBG funds, and the City has received notice that it is out of compliance with the HUD guidelines and should "spend down" the fund faster. Director Hurlburt presented a proposed reallocation, recommended by the HRA, that will assist in spending the money faster. Staff will continue to monitor the funds and make further reallocation recommendations later in the year if warranted. She reported that more than 100 inquiries were received about the First Time Homebuyer Program following enhanced marketing of the program. Mayor Tierney asked about the availability of homes for the program. Director Hurlburt responded that availability is a still a concern. Councilmember Edson stated that the HRA hopes to be able to try to match up housing vacated by seniors moving into the new senior housing this fall with the first time homebuyers. MOTION was made by Councilmember Edson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-240 RECOMMENDING REALLOCATION OF 1994 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Motion carried, seven ayes. ITEM 8-C AMENDMENTS TO 1994 HRA BUDGET AND ADDITION OF HRA SUPERVISOR POSITION Community Development Hurlburt proposed an amendment to the 1994 budget Fund 234, HRA Levy (senior housing), to reallocate existing funds among the various line items to hire an HRA supervisor and a temporary intern position. She stated that HUD noted in a recent letter about the City's noncompliance with HUD guidelines that the City has too few staff to do the work. She believes that adding Council Minutes April 18, 1994 Page 14 this position will allow the City to comply with the HUD guidelines. The existing programs are very staff time intensive, and the City is not able to offer new programs. The City may be losing housing opportunities because there are not enough staff to administer the programs. Also, more proactive planning relating to housing should be done. She stated the HRA's current tax levy will provide sufficient funds for the new position. Councilmember Helliwell asked if the Plymouth Towne Square (senior housing project) will be managed by an established outside firm. She also asked about the salaries of the two proposed positions. Director Hurlburt stated the City has a contract with Walker Management through 1995 for day-to-day operation of the facility. However, the City staff will need to do significant monitoring of the operation. Director Hurlburt stated the supervisor position would be budgeted at about 54,000 per year, and the intern position would only be for the summer, largely to assist with the absence of an employee on maternity leave. Councilmember Helliwell asked for what other purposes the funds could be used. Director Hurlburt responded that the funds could be carried over as a fund balance for the HRA and could be used for other projects the HRA may wish to undertake. MOTION was made by Councilmember Morrison, seconded by Councilmember Edson, to adopt RESOLUTION 94-241 AMENDMENT TO THE 1994 CITY BUDGET FOR FUND 234. Motion carried: six ayes; Helliwell nay. MOTION was made by Councilmember Morrison, seconded by Councilmember Edson, to adopt RESOLUTION 94-242 APPROVING THE GRADE, TITLE, AND SALARY RANGE FOR HRA SUPERVISOR. Motion carried: six ayes; Helliwell nay. ITEM 8-D APPROVE HEALTH FACILITIES DEVELOPMENT REVENUE BONDS FOR CITY OF MINNEAPOLIS Community Development Director Hurlburt presented the staff report on the proposed issuance of City of Minneapolis Health Facilities Development Revenue Bonds to finance construction of the Community Home Program project. There is no cost to the City of Plymouth, but Council approval is required due to the nature of the bonds and their use outside of the City of Minneapolis. Council Minutes April 18, 1994 Page 15 Councilmember Anderson asked why the City of Minneapolis would want to build a home outside of Minneapolis. Director Hurlburt stated it is part of the scattered site concept. Mayor Tierney stated she supports the request as there is a shortage of handicapped accessible homes. MOTION was made by Mayor Tierney, seconded by Councilmember Morrison, to adopt RESOLUTION 94-243 CONSENTING TO THE ISSUANCE OF HEALTH FACILITIES DEVELOPMENT REVENUE BONDS BY THE CITY OF MINNEAPOLIS TO FINANCE THE COMMUNITY HOME PROGRAM PROJECT. Motion carried, seven ayes. ITEM S -E CONTRACTUAL LAWN MAINTENANCE OF CITY FACILITIES Councilmember Anderson asked why staff is proposing to contract lawn maintenance of various City sites and purchase a mower for $46,000. He noted the City has its own equipment and personnel to do the work. Park Supt. Peterson described the area proposed for maintenance, and stated that it is more efficient to have a contracted team of individuals do the work. The City cannot compete with private companies for this service in terms of equipment or wages. The mower proposed for purchase would be for large areas in the City. Councilmember Anderson stated it is his concern that the City is spending a lot of money on capital equipment, and questioned if there is a way for summer temporary employees to do the work from June through August, with the contract for maintenance outside of those months in the spring and fall. He wants to ensure that tax dollars are being spent most efficiently. Supt. Peterson stated if the City assumed this work, the number of temporary staff would have to be increased and additional equipment may have to be purchased. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 94-244 AWARDING LAWN MAINTENANCE CONTRACT FOR 1994. Motion carried, seven ayes. Council Minutes April 18, 1994 Page 16 ITEM 8-E-1 AWARD BID FOR ROTARY MOWER REPLACEMENT MOTION was made by Mayor Tierney, seconded by Councilmember Morrison, to adopt RESOLUTION NO. 94-245 APPROVAL OF BID FOR 16' ROTARY MOWER. Motion carried, seven ayes. ITEM 8-F APPROVE LAND ACQUISITION FOR 9TH PLAYFIELD SITE IN NORTHWEST PLYMOUTH Park Director Blank presented a proposed resolution authorizing acquisition of a 9th playfield site in northwest Plymouth. He said the resolution is based on a motion adopted at a recent Council study session. The acquisition would be based on five conditions: 1. statement from staff that current alternatives are not available in terms of supply of fields and demand for use; 2. preliminary estimate of cost savings; 3. preliminary estimate of the number and types of fields; 4. this is a priority to develop; and 5. enter into an acceptable joint powers agreement. Councilmember Lymangood suggested several language modifications to the proposed motion. He said the City is need of additional ballfields, in particular to relieve the heavy field use at Zachary Playfield. He suggested that the language be amended to indicate that "at least" four fields are needed. Additional fields may be found to be needed in the future. Councilmember Anderson suggested another change in the motion to indicate that the joint powers agreement should be acceptable to the City Attorney and City Council. Mayor Tierney suggested that Condition 1 be amended to state that there are no host effective" alternatives available. Director Blank stated it is his understanding of this condition that the staff is to verify that it has inventoried public and semi-public land to determine land has been put to the best use so there are not other existing alternatives. Councilmember Lymangood stated he wants to move forward with the project, but feels that additional information is needed from staff to justify this option. If there are other cost effective alternatives to provide additional ballfields in the community, the Council should be advised. The Council also needs information on the demand for facilities and whether the current demand level will continue or increase. Council Minutes April 18, 1994 Page 17 Mayor Tierney stated the proposed motion indicates that it is a priority to develop four ballfields by 1997, and she questioned what capital improvements may be needed for access by that date. Park Director Blank responded that if the School District 284 bond referendum passes within a reasonable time frame, they plan to have the new high school open by 1997 and the capital facilities would need to be in place. If the referendum failed and the timeline is lengthy, the Council would have the option to delay the installation of capital improvements to the site. He said the City will have better information one year from now. Mayor Tierney asked if the four ballfields should be included in the Capital Improvement Program. Councilmember Lymangood said that if the Council places a high priority on it because it is needed to meet the high demand, then construction should take place. If the ballfields are not needed, he questioned why the City is considering land acquisition at this time. He believes the four ballfields should be included in the CIP. It would be reviewed for need in the future, but should be included now for planning purposes. Councihnember Anderson stated it is his position that if the City is going to acquire the property, the facility should be immediately developed. The land should not be acquired only to hold for some possible future use. Chris Slack, 2135 Weston Lane, stated he attended the study session on this topic. He noted that the project started 1990, but discussions of estimated cost and estimated savings when combined with the School District 284 proposal were not discussed until 1994. He believes these issues should have been considered over the last three years. He questioned the amount of desired land and the cost to acquire and develop when it was originally considered. Mr. Slack asked what cost implication the School District's involvement in the adjacent parcel has had on the costs. Mr. Slack stated that the decision to acquire land appears to be based on the crisis condition with the existing land inventory, land increasing in value, population growth, and the use of historic information to predict future facility needs. He stated that land does not always increase in value and that the City's population makeup and growth will change as the population matures. Mr. Slack summarized the major projects currently proposed in the 1994 Capital Improvement Program, and recommended that the Council consider options. He would like an evaluation completed to determine the full impact of the joint project with School District 284. He also requested a cost reconciliation between Council Minutes April 18, 1994 Page 18 Playfields 9 and 10. Mr. Slack stated the School District's tone in the proposed joint powers agreement was confrontational, one-sided, and negative toward Plymouth residents. Mayor Tierney stated the City has an ultimate population predicted of 86,000. Manager Johnson said the City is looking for geographic balance in the determination of a future playfield site. This proposed site would also serve as the neighborhood park for this area and would result in some cost savings. The discussions have focused on children's needs in determining whether more ballfields are needed, but there is a current need for more adult facilities as well. Manager Johnson stated the estimated price of land is much different for the proposed sites for Playfields 9 and 10. The proposed site for Playfield 10 has a lower estimated cost as it is further from the MUSA, and sewer will not be available until after 2000. The proposed cost for Playfield 9 is within a reasonable price for land in this area. He stated the staff is not saying there is a crisis now, but rather is trying to meet the future needs of the residents. The amount of property proposed for acquisition has not changed - about 80 acres is still needed. Councilmember Helliwell said there are four school districts in Plymouth, and she has been uncomfortable with this proposed project because she does not want to unfairly advantage one district. She believes that a playfield will eventually be needed in northwest Plymouth, but development should occur in an orderly fashion. She stated the ballfields should not be constructed before the surrounding neighborhood development occurs, but she will support moving forward with the project at this time because of the need. Mr. Slack stated he supports the acquisition as long as a thorough analysis supports the need. He is concerned that the need is only now being considered. Manager Johnson said the City intends to acquire a number of acres through park dedication. Director Blank stated a MUSA adjustment will be needed for the 9th Playfield, but there is physical ability to serve the area with gravity sewer that is in place. Other cities have amended the MUSA boundary to allow for school facilities, and no problems are anticipated for Metropolitan Council approval. Councilmember Morrison asked why the amount of acreage needed for Playfield 9 has increased. Director Blank stated that about 65 acres was originally needed for development of a playfield. This site contains a heavily wooded area that could be preserved as Council Minutes April 18, 1994 Page 19 open space. This would not preclude the Council from selling excess land in the future. MOTION was made by Councihnember Lymangood, seconded by Mayor Tierney, to direct staff to proceed with the steps necessary to acquire approximately 80 acres of land in northwest Plymouth to be used for a future playfield, subject to the following conditions: 1) Report from staff that current cost effective alternatives are not available in terms of supply of fields and demand for their use; 2) Preliminary estimate of cost savings benefits by proceeding with the project adjacent to the proposed high school site; 3) Preliminary estimate of the number and types of fields; 4) This is a priority to develop at least four ballfields by the summer of 1997; 5) Enter into ajoint powers agreement with School District 284, that is acceptable to the City Attorney and City Council; and 6) Council will review conditions prior to development, but no later than April 1, 1995. Motion carried, seven ayes. ITEM 8-G REQUEST FROM EAST PARKERS LAKE IMPROVEMENT ASSOCIATION Park Director Blank stated the East Parkers Lake Improvement Association has requested that the City support their request to the DNR to reduce the public boat launch hours at Parkers Lake Park for one year following the treatment of Parkers Lake for Eurasian Water Milfoil. Staff supports this request. Marsha Videen, 1151 Mngsview Lane North, stated that on about May 1, Parkers Lake will be treated for eradication of Eurasian water milfoil. Under DNR policy, the boat launch must be open for a minimum of 16 hours per day. The residents would like the launch to be monitored for check boats for milfoil during as many hours as possible, or the open hours to be reduced. She stated the DNR is committing 20 hours per week for monitoring of the launch, the City has committed funding for 20 hours, and the association will monitor for 20 hours. The Parkers Lake residents are hopeful that the launch users will donate time to equa170 hours. This is still short of the 112 hours per week that the launch is open. Ms. Videen requested that the City join with the Parkers Lake Improvement Association to request the DNR to allow reduced hours for the boat launch for 1994. Councilmember Morrison stated she is very interested in exploring ways of keeping milfoil from increasing. She asked if discussions have been held with the DNR. Council Minutes April 18, 1994 Page 20 Ms. Videen stated that discussions with the DNR regarding reduced hours for the boat launch have not been successful. The DNR wants to keep consistent hours with other launches. Councilmember Edson stated this proposal does not address what happens in future years. A long-term plan regarding treatment of the lake and launch hours is needed. Director Blank stated that the DNR's position is that they have 12,000 lakes in the state and numerous boat launches. They do not have the staff to monitor each location. There is currently a study underway to determine whether the milfoil treatment is successful. The DNR wants to wait until next year to allow this year's study to run its course. Mayor Tierney suggested that the Parkers Lake Improvement Association contact the Water Quality Committee for assistance. They may be able to identify additional volunteers. MOTION was made by Mayor Tierney, seconded by Councilmember Morrison, to direct staff to send a letter to the Minnesota Department of Natural Resources requesting their consideration to reduce the public boat launch hours at Parkers Lake Park for one year following the treatment of Parkers Lake for Eurasian water milfoil, and to forward the information to the Water Quality Committee. Councilmember Edson stated he certainly supports treatment of the lake, but is concerned about being able to monitor it. There are two other lakes with milfoil problems in Plymouth. Since this is a DNR test case, perhaps the City should not interfere and allow treatment to be done under conditions that will be common on an ongoing basis, rather than monitoring and reducing boat launch hours. Motion carried, six ayes; Edson nay. ITEM 9-E DISCUSS MEETING ADJOURNMENT TIME Councilmember Lymangood stated the Council has discussed regular meeting adjournment time at study sessions. The Council desires to adjourn by 9:30 p.m., but that has not occurred. Mayor Tierney stated the City Code contains an 11:00 p.m. adjournment provision. Manager Johnson explained it would require an ordinance amendment to change the 11:00 p.m. provision. The main reason the regular meetings have recently gone beyond 9:30 p.m. was due to significant public input. Council Minutes April 18, 1994 Page 21 Mayor Tierney stated she believes it would be detrimental to adopt a 9:30 p.m. adjournment provision. Attorney Barnard stated that meeting adjournment can be accomplished at any time by majority vote under Roberts Rules of Order. He doubts that the 11:00 p.m. City Code adjournment provision conflicts with that. The provision merely provides public notice that it is the intent of the Council have the option to make a motion to adjourn once the hour of 11:00 p.m. has arrived. Councilmember Helliwell stated the Council needs to decide when they want meetings to conclude and enforce it. She has no problems with meetings going until 10 p.m., but after than time it becomes difficult for Councihnembers, staff, and the public. She would support a change to a 10 p.m. adjournment provision in the City Code. Chris Slack, 2135 Weston Lane, stated that the Council increase in membership from 5 to 7 will impact meeting time. He believes the Council should be careful that public input is not decreased, and he believes that the Council discussion he has observed since December is healthy. Mayor Tierney said it is difficult to begin the meeting at 7 p.m., have a Forum, and conduct all City business in 2 1/2 hours. She doesn't want to rush items through the agenda. Councilmember Lymangood does not believe the Council has rushed items, but feels it is beneficial to have a deadline in order to keep issues moving and the discussion succinct. MOTION was made by Counci nember Edson, seconded by Councilmember Anderson, to direct staff to draft an ordinance providing for a 10 p.m. meeting adjournment for consideration on a future agenda. MOTION to amend was made by Councilmember Lymangood, seconded by Councilmember Anderson, that adjournment would be subject to majority vote. Motion to amend carried, seven ayes. Main motion as once amended carried, seven ayes. Council Minutes April 18, 1994 Page 22 ITEM 9-A DISCUSS RESPONSE TO COUNCILMEMBER INQUIRY ABOUT JUNK MAIL MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to defer discussion of response to Councilmember inquiry about junk mail to the study session on April 30. Motion carried, seven ayes. ITEM 9-13 REVIEW METROPOLITAN COUNCIL REGIONAL BLUEPRINT Director Hurlburt presented the staff report and recommended that the Council approve the proposed written format comments to the Metropolitan Council on its proposed Regional Blueprint. Mayor Tierney questioned data about housing prices. Manager Johnson stated there is a flaw in the table and revised information will be provided in the next Information Memo. Councilmember Lymangood stated that "barriers to housing' are referenced in the report. He asked for clarification on what this could include, and suggested that a definition be requested of the Metropolitan Council. MOTION was made by Mayor Tierney, seconded by Councilmember Lymangood, to approve the format comments to the Metropolitan Council on its proposed Regional Blueprint, and to request a definition or clarification on the term "barriers to housing'. Motion carried, seven ayes. ITEM 9-C WETLAND ORDINANCE STATUS REPORT Director Hurlburt stated the original schedule for adoption of a wetland ordinance by May 16 is not achievable. The Planning Commission has suggested a revised schedule with adoption of an ordinance by mid-September at the earliest. She stated that proposed setbacks will be considered at a public hearing conducted by the Planning Commission next week, with adoption of an interim wetlands ordinance possible on May 16. An interim ordinance would ensure that wetbacks would be measured from the wetlands, rather than the property line, and would apply only to applications submitted after the date of the ordinance. Council Minutes April 18, 1994 Page 23 Director Hurlburt stated that in a PUD, all of the required setbacks apply unless there is a negotiated change with the developer. This ordinance would provide some wetland protection that we do not currently have. Mayor Tierney suggested that the final wetlands ordinance development include discussions with cities that have spent considerable time developing a wetland ordinance, such as Chanhassen and Eagan. Director Hurlburt stated that extension of the schedule will allow staff to contact cities that have put time and effort into this project. Tom Jes, 5055 Evergreen Lane North, stated he is surprised it is taking so long to adopt a wetlands ordinance. He recommended that the Council adopt restrictive maximum setbacks that could be later revised. The Council also needs to address mitigation, displacement of wildlife, and nitrogen levels of the existing wetlands. Mayor Tierney suggested that Mr. Jes provide comments to the Water Quality Committee and the Planning Commission on the proposed ordinance. Ken Wendinger, 5465 Orleans Lane #1, stated he supports the original timeline because the City is many years behind in adopting wetland setbacks and buffer zones. He supports an interim ordinance if the final ordinance cannot be adopted according to the original schedule. Anne Bipes, 10605 52nd Avenue North, stated that in February, staff indicated that a wetland ordinance could be adopted by the end of May. Another 4 1/2 months is now added to the schedule, and she is concerned how long it will take to start protecting the wetlands. She suggested that building moratoriums be considered. She supports setbacks, but stated that variances are often granted. Ms. Bipes stated the City should not allow another building season to go by without protecting the wetlands. The Council could adopt a policy to not grant setback variances in wetlands until the wetland ordinance is adopted. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to approve a revised schedule for development of a wetlands protection ordinance. Councilmember Helliwell stated she would like a wetland ordinance to be in place now, but more research time is needed. The City needs an inventory of what wetlands exist and determine how best to protect them. She will not favor a further revision in the schedule. Council Minutes April 18, 1994 Page 24 Councilmembers Lymangood and Morrison asked if an interim ordinance will be coming to the Council without question. They would not be in favor of granting an extension to the schedule without the interim ordinance in place. Director Hurlburt responded that a proposed interim ordinance will be presented to the Council on May 16. Councilmember Edson stated that there is negotiating that occurs with a PUD development. The City has the ability under the interim ordinance to negotiate buffers and setbacks with the developers that may have not been previously possible. Councilmember Granath spoke against deferral. He believes the schedule is being driven by questions, and he does not support a delay in getting a wetland ordinance adopted. Motion carried: six ayes; Granath nay. ITEM 9-D COMMUNITY IMPROVEMENT FUND Finance Director Hahn stated the City Charter requires the Council to adopt procedures that set forth the use of the Community Improvement Fund. He stated the ordinance proposed by the Financial Advisory Committee includes three levels of approval for expenditures from the fund. He believes that the requirement that a project must have been included in the Capital Improvement Program for the previous two years may be too restrictive. There may be times when the Council needs to make decisions on items that offer the City greatest benefit if they are acted on quickly, or are considered critical to operations. These may be items such as purchasing land for park purposes, emergency weather related disasters, joint agreements with other jurisdictions that are cost beneficial and projects that Councilmembers may consider of high importance. Councilmember Edson stated that at the time he was a member of the original Financial Task Force, there was a substantially larger fund balance. He agrees the proposed requirement that a project be contained in the CIP for two years may be onerous. However, a project should be part of the current year CIP because the Council needs to consider capital funds as a unit. He also believes that Subd. 3-A should be further considered. This indicates that the expenditure must be repaid or is made with the condition that no further expenditures from the Community Improvement Fund shall be made until the principal is repaid plus ten percent of the investment earnings that would have been generated on the principal at the previous amount. He believes that repayment safeguards are in place and that the language should be changed from 10 percent to "the current average bond interest rate of existing City obligations." Council Minutes April 18, 1994 Page 25 MOTION was made by Councilmember Edson, seconded by Mayor Tierney, to adopt AN ORDINANCE AMENDING THE CITY CODE TO CREATE A COMMUNITY IMPROVEMENT FUND (attachment 3 in the staff report), amending the language that a project must be included in the current year's CIP or be declared to be an emergency expenditure by the Council. Councilmember Anderson stated he is concerned about the terms "emergency" and project" and what the City Council may deem an emergency. He stated the City Council could fund a very large improvement from the Community Improvement Fund and avoid going to the voters for approval by dividing portions of it into projects". For example, a swimming pool could be considered one "project", a basketball court another project, etc. Councilmember Edson shared these concerns, but stated that to spend over $3 million requires voter approval. If the requirement remains that the fund must be repaid after an expenditure, he believes it adequately addresses that concern. Councilmember Lymangood suggested that the issue be tabled for clarification on the definition of "project" and "emergency". Councilmember Edson requested that the Council also be provided with a copy of the Charter language relating to the Community Improvement Fund. MOTION was made by Councilmember Edson, seconded by Mayor Tierney, to table this ordinance to no later than June 6. Motion carried, seven ayes. ITEM 9-E REQUEST FROM FINANCIAL ADVISORY COMMITTEE TO ASSIST WITH REVIEW OF STATE AUDITOR'S REPORT Councilmember Lymangood stated the Council received a request from the Financial Advisory Committee that they be included in the review by the Subcommittee on the State Auditor's Report. He suggested that two Financial Advisory Committee members be appointed to serve on the Subcommittee. Councihnember Edson concurred and stated that he has spoken with Mr. Bock, the Financial Advisory Committee Chairperson, and received his recommendation on two individuals to serve on the Subcommittee. Mayor Tierney stated the Financial Advisory Committee could also be provided with the same information and asked to submit an independent report to the Council. Council Minutes April 18, 1994 Page 26 MOTION was made by Councilmember Lymangood, seconded by Councilmember Edson, to empower the Financial Advisory Chairperson to appoint two members to the Council Subcommittee to review the State Auditor's Report. The City Manager is further directed to provide all Subcommittee members with a written draft prior to the next meeting, and recommendations from the Subcommittee are to be forwarded to the Financial Advisory Committee for a full review. Councilmember Morrison noted that this was an item added to the agenda this evening and asked whether it could be acted on by the Council at this meeting. Mayor Tierney stated the item was included in the Information Memorandum. Attorney Barnard stated the Council can take action on this item at this meeting even though it was not included on the agenda. He stated the City Council is not bound by the statement on the agenda that "the Council will not take official action on items added to the agenda." He added that if this were a substantial action, the Council may wish to wait, but appointing members to a Subcommittee is not a problem. Motion carried, seven ayes. ITEM 9-F RESIGNATION FROM PARK AND RECREATION ADVISORY MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to direct staff to contact individuals who submitted applications for Ward 2 Council vacancy and 1994 board and commission appointments to determine their interest in the Park and Recreation Advisory Commission vacancy. Motion carried, seven ayes. ITEM 9-G CITY OF HOPKINS REQUEST FOR SUPPORT OF ARTS CENTER The Council reviewed a letter received from the City of Hopkins requesting support for an arts center. No action was taken. MOTION was made by Mayor Tierney, seconded by Councilmember Lymangood, to adjourn the meeting at 10:50 p.m. Ll.c / iG c,w C.f LiLC-I ri tify Clerk