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HomeMy WebLinkAboutCity Council Minutes 05-16-1994MINUTES REGULAR COUNCIL MEETING MAY 16, 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 Blvd., on May 16, 1994. PRESENT: Mayor Tierney; Councilmembers Anderson, Morrison, Lymangood, Helliwell, and Granath. ABSENT: Councilmember Edson. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, Planning Director Hurlburt, Park Director Blank, Finance Director Hahn, Public Safety Director Gerdes, Building Official Ryan, Property Management Coordinator Tabery, Housing Specialist Dale, City Attorney Barnard, and City Clerk Rauenhorst. ITEM 3 FORUM- EROSION CONCERNS Norman Severson, 10725 45th Avenue North, expressed concerns about erosion from an abutting development. He said that he has been talking with staff about this problem since November 19 and the City's Erosion Control Policy indicates that a developer is to ensure that grades are correct to avoid runoff. However, he was informed that the City Attorney believes that installation of silt fences cannot be enforced. Mr. Severson said a minor repair was made today, but it will not be sufficient for a large rainfall. The swale is not deep enough for over a 1/2" rainfall. Mr. Severson presented a list of written questions regarding this problem. Manager Johnson stated that staff will respond to the written questions submitted by Mr. Severson, with a copy to the Council. ITEM 4 POLICE OFFICER OATHS OF OFFICE Public Safety Director Gerdes introduced new police officers Chris Kuklok and Duane Hillesheim. Clerk Rauenhorst administered their oaths of office. ITEM 5 APPROVE AGENDA Manager Johnson recommended addition of Item 94 setting study session for May 23. Regular Council Meeting May 16, 1994 Page 2 Mayor Tierney requested addition of Item 9-K regarding the street addressing in Trenton Ponds. MOTION was made by Mayor Tierney, seconded by Councilmember Lymangood, to approve the agenda with the addition of Items 94 and 9-K. Motion carried, six ayes. ITEM 6 CONSENT AGENDA Councilmember Anderson removed Item 6-K from the Consent Agenda and placed it as Item 9-L. Councilmember Morrison stated Item 6-R could remain on the Consent Agenda, but she requested that her comments be added on that item. MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to approve the Consent Agenda as amended. Motion carried, six ayes. ITEM 6-A APPROVE MINUTES MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to approve the City Council minutes of the April 4 regular meeting. Motion carried, six ayes. ITEM 6-11 APPROVE DISBURSEMENTS MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to adopt RESOLUTION 94-269 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING MAY 6, 1994. Motion carried, six ayes. ITEM 6-C APPLICATION OF PLYMOUTH LIONS FOR TEMPORARY 3.2 LIQUOR LICENSE MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to adopt RESOLUTION 94-270 APPROVING TEMPORARY 3.2 LIQUOR LICENSE FOR PLYMOUTH LIONS CLUB for an event on May 20-22. Regular Council Meeting May 16, 1994 Page 3 Motion carried, six ayes. ITEM 6-1) GARBAGE HAULER LICENSE FOR ASPEN SYSTEMS INC MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to adopt RESOLUTION 94-271 APPROVING GARBAGE HAULER LICENSE FOR ASPEN WASTE SYSTEMS, INC. Motion carried, six ayes. ITEM 6-E CLEANING CONTRACT FOR CITY BUILDINGS MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to adopt RESOLUTION 94-272 APPROVING CITY BUILDINGS CLEANING CONTRACT. Motion carried, six ayes. ITEM 6-F PROJECT CLOSE-OUT REPORT MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to adopt RESOLUTION 94-273 APPROVING THE CLOSING OF PROJECTS AND TRANSFER OF FUNDS. Motion carried, six ayes. ITEM 6-G MISSIONS. INC. CUP AMENDMENT MASTER SITE PLAN AMENDMENT, VARIANCE AND SITE PLAN FOR MISSION INC PROGRAMS' CAMPUS (94029) MOTION was made by Councilmember Helliwell, seconded by Councilmembel Granath, to adopt RESOLUTION 94-274 APPROVING CONDITIONAL USE PERMIT AMENDMENT, MASTER SITE PLAN AMENDMENT, VARIANCE AND SITE PLAN FOR MISSIONS, INC., PROGRAMS FOR PROPERTY LOCATED AT 3401 EAST MEDICINE LAKE BOULEVARD 94029). Motion carried, six ayes. Regular Council Meeting May 16, 1994 Page 4 ITEM 6-H ROTTLUND COMPANY. FINAL PLAT FOR PINTAIL VILLAS 9( 3055) MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to adopt RESOLUTION 94-275 APPROVING MPUD FINAL PLAT AND DEVELOPMENT CONTRACT FOR ROTTLUND HOMES, INC. FOR PINTAIL VILLAS FOR PROPERTY LOCATED ON THE EAST SIDE OF SHENANDOAH LANE AT 22ND AVENUE NORTH MPUD 83-1) (93055). Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to adopt RESOLUTION 94-276 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF THE RELATED MPUD FINAL PLAT FOR ROTTLUND HOMES, INC., FOR PINTAIL VILLAS FOR PROPERTY LOCATED ON THE EAST SIDE OF SHENANDOAH LANE AT 22ND AVENUE NORTH (MPUD 83-1) (93055). Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to adopt RESOLUTION 94-277 ADOPTING ASSESSMENTS, CITY PROJECT NO. 412, SANITARY SEWER AND WATERMAIN AREA - PINTAIL VILLAS ADDITION. Motion carried, six ayes. ITEM 6-I TWIN CITY FAN & BLOWER COMPANY. AMENDED PUD PLAN AND CUP (94026) MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to adopt RESOLUTION 94-278 APPROVING AMENDED MIXED PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR TWIN CITY FAN & BLOWER COMPANY (94026). Motion carried, six ayes. Regular Council Meeting May 16, 1994 Page 5 ITEM 6-J WESTBURNE SUPPLY INC. CUP (94027) MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to adopt RESOLUTION 94-279 APPROVING CONDITIONAL USE PERMIT FOR WESTBURNE SUPPLY, INC., FOR PROPERTY LOCATED AT 10205 10TH AVENUE NORTH (94027). Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to adopt RESOLUTION 94-280 DECLARING PROPERTY SURPLUS AND AUTHORIZING CONVEYANCE OF THE SURPLUS PROPERTY TO THE ADJOINING LAND OWNER. Motion carried, six ayes. ITEM 6-M ORDER STREET LIGHTING FOPROVEMENTS MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to adopt RESOLUTION 94-281 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - PINTAIL VILLAS ADDITION. Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to adopt RESOLUTION 94-282 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING, PINTAIL VILLAS ADDITION. Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to adopt RESOLUTION 94-283 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - PONDEROSA WOODS 3RD ADDITION. Motion carried, six ayes. Regular Council Meeting May 16, 1994 Page 6 MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to adopt RESOLUTION 94-284 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING - PONDEROSA WOODS 3RD ADDITION. Motion carried, six ayes. ITEM 6-N ADOPT ASSESSMENTS FOR LOT 1, BLOCK 1 PARKERS LAKE CORPORATE CENTER 6TH ADDITION MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to adopt RESOLUTION 94-285 ADOPTING ASSESSMENTS, CITY PROJECT NO. 414 (94020), SANITARY SEWER AND WATERMAIN AREA - LOT 1, BLOCK 1, PARKERS LAKE CORPORATE CENTER 6TH ADDITION. Motion carried, six ayes. ITEM 6-0 DEVELOPMENT CONTRACT BOND REDUCTIONS MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to adopt RESOLUTION 94-286 REDUCING DEVELOPMENT BOND, PARKERS WOODS ADDITION (91037). Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to adopt RESOLUTION 94-287 REDUCING DEVELOPMENT BOND, BRIDLEWOOD FARM 3RD ADDITION (93021). Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to adopt RESOLUTION 94-288 REDUCING DEVELOPMENT BOND, PINTAIL VILLAS ADDITION (93055). Motion carried, six ayes. Regular Council Meeting May 16, 1994 Page 7 ITEM 6-P APPROVE PURCHASE OF 2 REPLACEMENT VEHICLES FOR BUILDING INSPECTION DIVISION MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to adopt RESOLUTION 94-289 AUTHORIZING PURCHASE OF TWO BUILDING INSPECTION DIVISION VEHICLES. Motion carried, six ayes. ITEM 6-0 TAX EXEMPT REVENUE BONDS FOR WEST SUBURBAN AMBULATORY CARE CENTER AND MEDICAL OFFICE BUILDING MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to adopt RESOLUTION 94-290 AUTHORIZING THE ISSUANCE OF ITS CITY OF PLYMOUTH, MINNESOTA HEALTH FACILITIES REVENUE BONDS (WESTHEALTH CAMPUS PROJECT) SERIES 1994A AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST, LOAN AGREEMENT, AND RELATED DOCUMENTS. Motion carried, six ayes. ITEM 6-R TABLE REQUEST OF A-1 TRUCKING Councilmember Morrison noted for the record that her law firm has represented the owner of A-1 Trucking in personal matters. However, she has not personally been involved and has received a legal opinion that this does not present a conflict of interest. MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to table the request by A-1 Trucking, Inc., for Conditional Use Permit Amendments to add additional vehicle types for repair and to eliminate screening of outdoor storage at 1135 Nathan Lane (94022) to June 20. Motion carried, six ayes. ITEM 6-S ASSESSMENT FOR DISEASED TREE REMOVAL AT 3800 XENIUM LANE MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to adopt RESOLUTION 94-291 ADOPTING ASSESSMENTS, 1993 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL 2. Regular Council Meeting May 16, 1994 Page 8 Motion carried, six ayes. ITEM 7-A PUBLIC HEARING - CITY CENTER EXPANSION PROTECT Assistant Manager Lueckert presented the staff report on the proposed City Center Expansion Project. She stated the expansion will improve customer service and employee efficiency, and will meet space needs to 2011. She described the proposed funding for the estimated $3.2 million project from existing capital reserve funds. Alternatives of operating within the existing building, using other city buildings, or renting office space have been considered, but cannot meet the City's needs in an efficient manner. Mayor Tierney opened the public hearing at 7:23 p.m. Fred Lips, 14405 38th Avenue North, stated he has toured the City offices and offices are definitely cramped. He is not against proceeding with the project, but wished that the City Council would have included consideration of this needed space when the public safety building was constructed. In the future, he suggested the Council consider combining projects or consider total needs in order to reduce the cost. He asked about office sizes under the proposed plan. Property Management Coordinator Tabery stated office sizes will vary according to needs of the position and their relative functional tasks, and he cited several examples. Assistant Lueckert stated the longer the Council waits to proceed, the greater risk that there may be an unfavorable bidding climate depending on the changes in the economy. Mayor Tierney closed the hearing at 7:32 p.m. MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to continue the public hearing until June 6. Motion carried, six ayes. ITEM 7-B MISSION FARMS NURSING HOME - PRELFYUNARY APPROVAL FOR $5.6 MILLION TAX EXEMPT BOND ISSUE Community Development Director Hurlburt presented the staff report on the request of Mission Farms Nursing Home for preliminary approval of a 5,600,000 tax exempt bond issue to finance the reconstruction of the Mission Regular Council Meeting May 16, 1994 Page 9 Farm Nursing Home located at 3401 E. Medicine Lake Blvd. This project would replace the existing building with a new facility accommodating the same number of beds. Financial statements and projections for Mission Farms Nursing Home, Inc., were reviewed by the City's consultant KPMG Peat Marwick. The review did not note anything of concern. Based on the consultant's comments, staff also sought clarification from bond counsel about the applicant's equity contribution to the project. The $600,000 contribution from Missions, Inc., will be made to the project up front, and Missions, Inc., will guarantee completion of the project. Missions, Inc., will be providing the land for the project, with a land lease to Mission Farms Nursing Home, Inc. The underwriter is comfortable with this arrangement. Mayor Tierney opened the public hearing at 7:35 p.m. She read a letter received from Norbert J. Herby, 3430 East Medicine Lake Blvd. The letter indicated that Mr. Herby has no problem with upgrading of this building. However, he stated that the other existing institutions on the property are nonconforming under state zoning for residential areas, and the neighborhood would oppose any rebuilding or expansion of those facilities. Community Development Hurlburt stated that she is unaware of any illegality on the property. The hearing was closed at 7:37 p.m. MOTION was made by Councihnember Helliwell, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-292 GIVING PRELIMINARY APPROVAL TO A PROJECT ON BEHALF OF MISSION FARM NURSING HOME, INC. UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT FOR APPROVAL; AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS. Motion carried, six ayes. Dan Nelson, Best and Flanagan, stated the bond closing is scheduled for late June or early July. Regular Council Meeting May 16, 1994 Page 10 ITEM 7-C VACATION OF PORTION OF OLD MEDINA ROAD Public Works Director Moore presented the staff report on the request for vacation of a portion of Old Medina Road within Seven Ponds 2nd Addition. He stated ownership of the parcel would be with Hennepin County as the City has no further use for the street. Mayor Tierney opened the public hearing at 7:40 p.m. No one appeared, and the hearing was closed. MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-293 AUTHORIZING THE VACATION OF MEDINA ROAD STREET RIGHT-OF-WAY WITHIN SEVEN PONDS SECOND ADDITION. Motion carried, six ayes. ITEM 7-D VACATION OF A PORTION OF MAGNOLIA LANE Public Works Director Moore presented the staff report on the request for vacation of a portion of Magnolia Lane street right-of-way within Elmhurst Heights Addition. The City would retain easements for the existing utilities. Mayor Tierney opened the public hearing at 7:41 p.m. No one appeared, and the hearing was closed. MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-294 AUTHORIZING THE VACATION OF MAGNOLIA LANE STREET RIGHT-OF-WAY, ELMHURST HEIGHTS ADDITION. Motion carried, six ayes. ITEM S-A NOISE ORDINANCE Public Safety Director Gerdes stated he has reviewed the City's ordinance with respect to noise, and specifically loud car stereos, as requested by the City Council. He recommended that the City publicize the need for citizens to file complaints with the police department about these types of problems. He stated that Woodbury has a noise ordinance that specifies a distance with regard to loud stereos. Plymouth's ordinance would also address this type of noise. Regular Council Meeting May 16, 1994 Page 11 Councihnember Granath stated he had requested that staff review the City of Woodbury ordinance. He and others have perceived the noise from car stereos as a "moving nuisance", and he was concerned whether the City has a provision in its criminal code with which to enforce. Director Gerdes stated that publicizing the need for citizens to contact the police department about problems will assist in resolution. He stated it could make enforcement more difficult if a distance were specified in the ordinance. The existing general nuisance ordinance is applicable to excessive noise from car stereos, with more specified regulations for certain types of noise between 10 p.m. and 7 a.m. He stated that any type of identifying information is helpful to police in responding to a complaint, and any crime in progress should be called in to 9-1-1. ITEM 8-B ADOPT INTERIM WETLAND ORDINANCE Community Development Director Hurlburt explained that the Zoning Ordinance currently does not provide for any horizontal setbacks from wetlands. The Planning Commission and Water Quality Committee are working on developing an ordinance for wetland protection; however, it appears that a full recommendation will not be ready until September. She stated that the proposed interim ordinance would apply the existing setbacks in the Zoning Ordinance and state that if a wetland is present on the lot, the setback would be measured from the wetland - not from the property line. This ordinance would apply to all types of wetlands. At the Planning Commission public hearing on the interim ordinance, there were questions on projects that had received approvals over two years ago but were part of a phased development that would take more than two years to complete. The Planning Commission recommended that the ordinance exempt developments that had received approvals within two years prior to the date the ordinance is adopted. They considered whether a longer time period should be provided, but found that without any information on how many projects would be affected and with the mechanism of variances in the case of hardships, the two year limit was appropriate. The Commission further recommended that in no case would a minimum wetland setback greater than 35 feet be required. This corresponds to the same rear yard setback required in the I-1 or B-2 districts for properties that are not adjacent to residential areas. Councilmember Morrison asked if the term "wetland" is clearly defined. Director Hurlburt stated the definition is clear in the Zoning Ordinance. Regular Council Meeting May 16, 1994 Page 12 Councihnember Lymangood requested clarification that the ordinance would not allow decrease of the existing setbacks for commercial/industrial property. Director Hurlburt responded that one of the developers' concerns was that the rear yard setback is 35' for commercial/industrial property, but increases to 110' if it abuts a residential area. The recommendation of the Planning Commission is that in no case would a wetland setback greater than 35' be required. The overall setbacks would still be in force. Tom Jes, 5055 Evergreen Lane North, stated that property lines should not go into wetlands. He believes that developers are trying to fit too much building in too small of space, and it damages water quality when buildings abut wetlands. He recommended that larger lots be required, and suggested a vertical setback from the wetlands of 3'. The erosion/siltation control policy should also be stronger to provide for fines for enforcement. He believes the larger setbacks when a commercial/industrial property abuts a residential area should be retained for wetlands and not reduced to 35'. Director Hurlburt stated that many of the issues raised by Mr. Jes will likely be addressed during drafting of the permanent wetland ordinance. Mayor Tierney asked if property lines are allowed to go into wetlands. Director Hurlburt explained that this is currently allowed, but it is a policy decision for the City Council. Some cities have not allowed it, but then the question becomes who owns and is responsible for the wetland. Another issue is the amount of property outside of the wetland. The City needs to ensure that there is sufficient property outside of the wetland to support the building. She stated that every City that has dealt with wetland issues has struggled with enforcement issues. Enforcement will be dealt with in the permanent ordinance. Councilmember Granath believes that the Council is somewhat restricted in what it can amend in the proposed ordinance since it has been considered at a public hearing and is recommended by the Planning Commission. It would not be fair to significantly change the interim ordinance. He favors strong, clear wetland protection in the permanent ordinance, probably with larger buffers. Director Hurlburt agreed, stating that if significant changes are made to the interim ordinance, a new public hearing should be held. This would delay consideration of the ordinance. However, the Council can make minor adjustments to the ordinance. She stated that adding a buffer requirement or increasing the setback to the interim ordinance would be a significant change; however, it will be considered for the permanent ordinance. Regular Council Meeting May 16, 1994 Page 13 Councilmember Helliwell believes this is a good interim ordinance and will support it. She stated that any significant changes would delay the process further. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt ORDINANCE 94-8 AMENDING THE ZONING ORDINANCE REQUIREMENTS FOR YARD AREAS ABUTTING WETLANDS. Councilmember Lymangood stated this interim ordinance is a step in the right direction. The interim ordinance does not contain everything he would like for wetland protection, but it important to adopt an interim ordinance and move forward to draft the permanent ordinance. Councilmember Morrison also felt it important that the Council get an interim ordinance in place, and improvements can be made in the permanent ordinance. Mayor Tierney stated it would be her preference to adopt a permanent ordinance but agreed that an interim ordinance is needed as soon as possible for some protection. Motion carried, six ayes. ITEM 8-C ADOPT COMMUNITY IMPROVEMENT FUND ORDINANCE Finance Director Hahn stated that on April 18, the Council directed that the proposed Community Improvement Fund ordinance be revised to include language that the capital expenditures be for a project that is in the Capital Improvement Program for the current year, or is for an emergency, and to limit the $3 million expenditure to a single project. He stated that only a Council majority vote - not 5/7 vote - would be required if the expenditure is for a project that has been in the Capital Improvement Program for at least two years. Mayor Tierney asked about emergency expenditures. Director Hahn stated the Council would have to declare an emergency and the expenditure approval would have to be by 5/7 vote. Councilmember Anderson stated he is concerned with the general word emergency". The Council could decide that anything is an "emergency" in order to expend funds for a project. Regular Council Meeting May 16, 1994 Page 14 Attorney Barnard agreed that the word "emergency" unless defined in the ordinance, could be defined by the City Council in that situation. It allows future Councils much flexibility. Discussion was held on how best to define "emergency". MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt ORDINANCE 94-9 AMENDING THE CITY CODE TO CREATE A COMMUNITY IMPROVEMENT FUND (attachment 1 of the staff report), with the addition after the word emergency': "e.g. Act of God as defined by generally accepted business liability insurance policies." Councilmember Anderson stated this language will define "Act of God" without limiting or listing every type of natural disaster. Councilmember Lymangood asked if the loan provisions would apply to expenditures requiring 5/7 Council approval. Director Hahn stated no. Councilmember Lymangood asked if staff has any concern about the requirement that a project be contained for two years in the CIP. Councilmember Anderson asked why there is only a current year inclusion in the CIP with a 5/7 vote, and two year inclusion in the CIP with a majority vote. Director Hahn stated the two year requirement was meant to be more restrictive because it only requires a majority vote - not 5/7. Councilmember Morrison questioned whether the two year inclusion in the CIP may be too restrictive. It could be left to the discretion of the Council. Director Hahn stated the ordinance could be amended by future Councils. Motion carried, six ayes. ITEM 9-A REPORT ON RENTAL HOUSING INSPECTION PROGRAM AND FEES Building Official Ryan stated that in 1992 the City Council directed staff to prepare a housing maintenance code. The Council had initially indicated that the program should be self-supporting. A focus group was used to develop the Regular Council Meeting May 16, 1994 Page 15 ordinance, and there was disagreement on the fee schedule and discussion on how the costs should be split between single and multi -family housing. The Council adopted the Housing Maintenance Code in November, 1993, and a fee schedule was adopted on December 20, 1993. Since then, staff has notified landlords of the new code and received fees. There have been concerns raised about the fee schedule, primarily from single family owners. Building Official Ryan recommended that the Council defer any action on this issue until late 1994 or early 1995 at which time the licenses will begin to be issued. In response to questions by Councilmember Helliwell, Official Ryan explained that the licensing fee is annual although not all units are inspected each year. It is anticipated that 5 percent of all units in multi -family buildings would be inspected each year, with all single family, duplex, and four-plex units inspected yearly. Councilmember Helliwell did not believe it is fair to charge an annual fee unless the unit is inspected. She also questioned whether it is necessary to inspect the single family units each year as proposed and the fairness of the rates. Councilmember Morrison stated her concerns are that the fees are the same for single family as for multi -family units. She stated there should be equity in the fees for the amount of work being done through inspections. Councilmember Lymangood noted that the previous City Council adopted this housing maintenance program late in 1993. Staff is now recommending to wait one year to consider the entire program and fee schedule because additional changes may be warranted based on the first year experience of the program. Manager Johnson stated this is a budget consideration and it would be helpful to have some direction on the fee structure for 1995. Councilmember Lymangood stated that some change in the fee schedule may be needed, but it could be accomplished by reallocating the cost among housing types. Joseph Van Oss, 13111 Ridgemount Avenue, stated he owns a single family home and his annual fee is $105. He believes this is too high since a multi- family owner pays $5 per unit. He stated there were no single family homeowner representatives on the focus group. It was his understanding that the housing maintenance program was started because of problems with multi- family units, so he suggested that dwellings of six units or less be eliminated from the program for the first year. Regular Council Meeting May 16, 1994 Page 16 Councilmember Lymangood suggested that this issue be tabled until December, 1994, so the Council can review the fee structure for 1995. Councilmember Morrison asked about the status of program implementation. Building Official Ryan stated all rental property owners have been notified of the program for 1994, but the City has not begun the inspection process. Councilmember Morrison stated it would be helpful for the Council to have additional information by the end of 1994 so an equitable fee structure can be adopted. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to table the housing maintenance code fee structure issue to December, 1994, at which time staff will report on implementation of the first year of the program, as well as fees. In the interim, staff is to reconvene the focus group and to include members from single family and duplex units on a pro -rata basis. Motion carried, six ayes. ITEM 9-B VOTING ON ITEMS ADDED TO THE AGENDA Councilmember Morrison stated that she asked the City Attorney to address the matter of new items being added at Council meetings so there is a clear understanding among the Council on this issue. The City Attorney has provided a memo on the subject and advises that the City Council may be either policy or an ordinance take any number of approaches to considering new agenda items added at council meetings. Councilmember Morrison proposed that the Council adopt the option presented by the City Attorney which would permit the addition of agenda items which are restricted to the receipt of information, discussion, and provide direction to staff. Councilmember Lymangood stated that he would support permitting all additions to the agenda when clearly identified at the beginning of the meeting, except for items which specifically approve the expenditure of city funds. After further discussion, the Council indicated that their concern is that no action be taken where the public may want to provide input. Attorney Barnard suggested amended language. Regular Council Meeting May 16, 1994 Page 17 SUBSTITUTE MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, that the Council permit the addition of agenda items which are restricted to the receipt of information, discussion, and motions providing direction to staff, setting future agendas, or that deal with procedural not substantive - matters. Councilmember Granath stated that he believes the current system is adequate. Councilmember Lymangood stated that these are guidelines the Council is imposing upon itself. Under Roberts Rules of Order, at any meeting, the Council could suspend the rules in the event of an unforeseen item. Attorney Barnard agreed that this is binding policy on the Council until changed. Motion carried: five ayes; Granath nay. ITEM 9-C REPORT ON MEETING OF SUBCOMMITTEE ON STATE AUDITOR'S REPORT Manager Johnson reported that the Subcommittee on the State Auditor's Report has held two meetings and considered all 19 recommendations of the State Auditor. Subcommittee discussion has generally been in the categories of expense reimbursement procedures, travel policy, and salary and employee benefits administration. A full report will be provided at the conclusion of the Subcommittee review. MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to accept the report of the Subcommittee on the State Auditor's Report. Motion carried, six ayes. ITEM 9-1) FIRST 4 MONTHS 1994 - FINANCIAL STATEMENTS Finance Director Hahn presented the financial statements for the first four months of 1994. He stated that tax cancellations and abatements continue to be a problem and the projected shortfall in tax revenue is $555,000. However, permit revenue is stronger than expected. In summary, he stated revenues are projected to be $231,100 less than budget, and expenditures are estimated to be 275,800 less than budget, for an estimated net surplus of $40,000. Councihnember Anderson asked where contingency funds and the 1993 surplus are held. He asked what use is proposed for the 1993 General Fund surplus. Regular Council Meeting May 16, 1994 Page 18 Finance Director Hahn stated all funds are pooled for investment and collecting interest. The 1993 general fund surplus of $435,000 is shown in the general fund balance. This could be used as directed by the Council. He suggested that it could be used for future delinquent taxes or cancellations. Or, if the budget increases next, the amount may be needed to maintain the 40 percent General Fund cash balance. Manager Johnson stated these financial reports are greatly improved from the previous reports. Staff has begun a budget process to include monthly revenue/expenditure detail to year-end. Councilmember Helliwell asked if the sewer rate needs adjustment. Director Hahn stated the make-up bill for 1993 was recently received from the Metropolitan Waste Control Commission. The bill was reduced from the previous estimate; however, there is still concern in the future. MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to accept the financial statements for the first four months of 1994. Motion carried, six ayes. ITEM 9-E APPOINTMENTS TO PARK AND RECREATION ADVISORY COMMISSION MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-295 APPOINTMENTS TO PARK AND RECREATION ADVISORY COMMISSION, appointing Timothy Bildsoe to the Ward 1 term to expire January 31, 1996, and David Priebe to the At -Large term to expire January 31, 1995. Mayor Tierney noted concerns that there will be no females on the Park and Recreation Advisory Commission. Councilmember Anderson stated that both individuals are motivated volunteers who are concerned about park issues. Motion carried, five ayes; Mayor Tierney nay. Regular Council Meeting May 16, 1994 Page 19 ITEM 9-F REQUEST OF PLYMOUTH HOUSING ALLIANCE TO OBTAIN SERVICES OF VOLUNTEER COORDINATOR Housing Specialist Dale explained the request of the Plymouth Housing Alliance to obtain services of the Volunteer Coordinator. Steve Ludovissie, Plymouth Housing Alliance, provided a brief overview of the Plymouth Housing Alliance and its work to date. He requested the use of the Volunteer Coordinator's services to recruit volunteers to assist in fund raising. The Housing and Redevelopment Authority supports this request. He stated this concept started as a public/private venture with board appointments made by the Council. Additional help is needed from the community to make the project work. Councilmember Helliwell stated she believes the proposal is good, but she questioned the number of hours needed and whether that time is available from the Volunteer Coordinator. Mr. Ludovissie stated the Volunteer Coordinator may have access to City resources to attract volunteers. Manager Johnson stated that the Volunteer Coordinator uses targeted advertising for the volunteer positions available. The issue is that this may set a precedent because it has been a requirement that volunteers are designated to a specific staff person. He believes this effort would take a 10 to 20 hour commitment of the Coordinator's time. MOTION was made by Councilmember Helliwell, seconded by Councilmember Anderson, to adopt RESOLUTION 94-296 APPROVING THE USE OF THE VOLUNTEER COORDINATOR BY THE PLYMOUTH HOUSING ALLIANCE TO RECRUIT VOLUNTEERS, for one job with a 6 to 10 hour maximum commitment, with Council review by September 15, 1994. Councilmember Lymangood asked if there is a way to meet this need without use of the Volunteer Coordinator. He stated that, for example, the Plymouth Civic League was allowed use of the Plymouth New for fundraising. Mr. Ludovissie stated the City is involved in this project through appointment of board members, and donation of the site for the first home. The Housing Alliance believes this request is modest. The 6 to 10 hours would help the Alliance, and time is important because a qualifying family has been identified for the first home. Regular Council Meeting May 16, 1994 Page 20 Councihnember Granath stated he is somewhat concerned about the precedent of the request, but will support the request because he endorses the goals of the Alliance. Motion carried; five ayes, Lymangood nay. Councihnember Lymangood stated his no vote relates to the precedent setting nature of the requested use of the Volunteer Coordinator's time and is not related to the work of the group. ITEM 9-G APPOINT BOARD MEMBERS TO PLYMOUTH HOUSING ALLIANCE MOTION was made by Councihnember Helliwell, seconded by Councihnember Granath, to adopt RESOLUTION 94-297 APPOINTMENT OF MEMBERS TO SERVE ON THE BOARD OF DIRECTORS OF THE PLYMOUTH HOUSING ALLIANCE, appointing John Homme, Dale Hallen, and Jo Buchanen. Manager Johnson explained the board is being expanded from 6 to 8 members. In response to a question from Councihnember Anderson, Attorney Barnard stated the by-laws of this organization indicate that ih-was established in large part to be set up by the Council. Manager Johnson stated the Alliance was established that way in order to protect the City's interest of donated land and other expenses. Motion carried, six ayes. ITEM 9-H CITY ATTORNEY SERVICES PROCUREMENT Councihnember Granath proposed a resolution to clarify the Council's position with respect to legal services and to direct that staff solicit legal services on a retainer basis only. MOTION was made by Councihnember Granath, seconded by Councihnember Anderson to adopt RESOLUTION 94-298 PROCUREMENT OF LEGAL SERVICES. Regular Council Meeting May 16, 1994 Page 21 Mayor Tierney stated she will not support the resolution. The City Manager requested that the Council explore the possibility of in-house attorneys, and it is premature not to receive proposals for legal services on both an in-house and contract basis. She stated that a round -table discussion video tape that she viewed indicated that an in-house attorney provides increased accessibility, added resource for discussing topics, less possibility of conflict of interest, mutual respect with department heads, and ready availability. Cost and space were more unknown issues. Manager Johnson stated that the Council held a full discussion on this issue at the May 9 study session. He has worked successfully with in-house and contract attorneys, and each City Council needs to decide this issue for itself. One goal of the Council is to enhance the confidence of the citizens, and the Council needs to determine which legal service option will best do that. Councilmember Helliwell stated she is not interested in considering an in-house attorney. There are a variety of issues in a developing community, and she does not believe an in-house attorney is the greatest benefit to the community. Councilmember Anderson stated the Council has considered this issue in two study sessions and the Council response was overwhelming against having an in- house attorney. He stated it is one of his goals to keep the local government small and not increase it. Councilmember Morrison stated she is skeptical about the approach of an in- house attorney. While she expressed openness to requesting proposals both ways, the majority of her opinion opposes in-house legal services. MOTION to amend was made by Councilmember Granath, seconded by Councilmember Anderson, to add "on a contract basis only". Motion carried, six ayes. Main motion as once amended carried, five ayes; Tierney nay. ITEM 9-I SUMMARY OF CLOSED SPECIAL MEETING REGARDING CITY MANAGER EVALUATION Councilmember Granath read the following statement in summary of the closed special meeting regarding the City Manager evaluation. "Earlier this evening the Plymouth City Council met in a closed meeting pursuant to state law for the declared purpose of evaluating the performance of City Manager Dwight Regular Council Meeting May 16, 1994 Page 22 Johnson. Under the Open Meeting Law, the Council is required to summarize this meeting. I am reporting as one of the three council members who called this meeting. The purpose of this meeting was to express and clarify the needs and expectations the Council has of its City Manager, as well as to allow the City Manager an opportunity to respond. The timing oft his meeting was needed in order to respond to an increasingly busier Council agenda and because several council members and City Manager are new to the City. The meeting was closed in order to facilitate a full and frank discussion. Main points of discussion at the meeting included clarifying the respective roles of Council and Manager, the Council members' need for structured information flow, and personnel policy. A full and constructive exchange occurred. As a result of this meeting, the Council is confident that its City Manager is better informed of the needs of the Council, and is encouraged that City Manager Dwight Johnson will continue to well serve the needs of the City." MOTION was made by Councilmember Helliwell, seconded by Councilmember Anderson, to accept this report. Motion carried, six ayes. 94 ADD TOPICS TO MAY 23 STUDY SESSION MOTION was made by Councilmember Granath, seconded by Mayor Tierney, to add the following topics to the May 16 study session: West Medicine Lake Park, Employee Survey, Summer Study Session Schedule, Discuss settlement of pending litigation in closed session - Plymouth v. W.J. Cavanaugh, and approve settlement agreement - Plymouth v. W.J. Cavanaugh. Motion carried, six ayes. ITEM 9-K STREET ADDRESSING IN TRENTON PONDS MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to accept the staff report regarding Trenton Ponds contained in the Council Informational Memo. The report indicates that staff will change the street name and numbering system in the Trenton Ponds area and inform all property owners of the new addressing system, Motion carried, six ayes. Regular Council Meeting May 16, 1994 Page 23 ITEM 9-L WEST MEDICINE LAKE PARK LAND ACQUISITION Councilmember Anderson stated the City is proposing to purchase a parcel for 220,000 for West Medicine Lake Park land acquisition; however, the family indicates they will be moving the house across the street to another lot. Park Director Blank stated that is their preference, but it is not known if that is possible. Staff is investigating the most economical way for the relocation to occur, and maximum of $220,000 is recommended. He stated this would be the maximum relocation amount - not the actual purchase price. MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-299 AUTHORIZING ACQUISITION OF PROPERTY AT 1830 FORESTVIEW LANE, with the inclusion of "Whereas, the Director of Park and Recreation has recommended a maximum comparable relocation price of $220,000." Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Councihnember Anderson, to adjourn the meeting at 10:18 p.m. Motion carried, six ayes. CcvLce_ 9 l,li t_ 2 ¢ Ci y Clerk