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HomeMy WebLinkAboutCity Council Minutes 02-22-1993MINUTES REGULAR COUNCIL MEETING FEBRUARY 22, 1993 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on February 22, 1993. PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell, Tierney, and Vasiliou ABSENT: None STAFF PRESENT: City Manager Johnson, Assistant Manager Boyles, Public Works Director Moore, Community Development Director Dillerud, Public Safety Director Gerdes, Park Director Blank, Finance Director Hahn, City Attorney Meller, and City Clerk Rauenhorst ITEM 4-A ANNUAL REPORT FROM NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Mary Dolan, the City's representative to the Northwest Hennepin Human Services Council, showed a videotape regarding the organization's planning functions and delivery of services. She stated the Council will be forwarded the annual report. ITEM 4-13 1991 CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING Mayor Bergman presented Finance Director Hahn with the 1991 Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting. This is the eleventh year the City has received this award. Finance Director Hahn thanked the Council and Finance Department staff for their support and assistance in achieving the award. ITEM 4-C 1992 ANNUAL REPORT, PARK AND RECREATION ADVISORY COMMISSION Don Anderson, Chairperson of the Park and Recreation Advisory Commission, presented the Commission's 1992 Annual Report. Regular Council Meeting February 22, 1993 Page 2 ITEM 4-1) PROCLAMATION - FRANK BOYLES DAY Mayor Bergman proclaimed February 26 as "Frank Boyles Day" in the City of Plymouth and wished Assistant Manager Boyles the best in his new position as City Manager of Prior Lake. Assistant Manager Boyles thanked the Council, department directors, and Administration Department staff for their assistance. Manager Johnson thanked Assistant Manager Boyles for his help and support during the City Manager transition. ITEM 5 APPROVE AGENDA MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to approve the agenda. Motion carried on a roll call vote, five ayes. ITEM 6 CONSENT AGENDA Items 6-D, 6-K, and 6-P-2 were removed from the Consent Agenda. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt the Consent Agenda as amended. Motion carried on a roll call vote, five ayes. ITEM 6-A APPROVAL OF MINUTES MOTION was made by Councilmember Helliwell, seconded by Councihnember Edson, to approve the minutes of February 8, 1993. Motion carried on a roll call vote, five ayes. ITEM 6-B DISBURSEMENTS FOR PERIOD ENDING 1-31-93 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-97 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING JAN. 31, 1993. Motion carried on a roll call vote, five ayes. Regular Council Meeting February 22, 1993 Page 3 ITEM 6-C TERRY/DIANA PEDERSEN, AMENDED PUD PLAN AND CUP 93003 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-98 APPROVING AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR TERRY AND DIANA PEDERSEN LOCATED AT 12605 52ND AVENUE NORTH (93003). Motion carried on a roll call vote, five ayes. ITEM 6-D HAZELDEN PIONEER HOUSE, CUP AMENDMENT TO SUBSTITUTE OUTPATIENT TREATMENT (93004) Community Development Director Dillerud stated the Planning Commission recommended approval of the request of Hazelden Pioneer House for amended Conditional Use Permit to allow the substitution of up to 16 outpatient clients within the 75 client authority already approved at 11505 -36th Avenue North. There would be no construction activity or enlargement in the overall authority of 75 patients. He stated that two persons spoke at the public hearing before the Planning Commission and both supported the proposed amendment. Richard Pappin, 3640 Wellington Lane North, stated that two years ago the Council heard resident concerns relating to the Conditional Use Permit for Mission Farms. He stated the Council was advised by area residents that Mission Farms clients urinated on their lawns and wandered onto their property. This created neighborhood fears and residents objected to the constant sirens responding to incidents at the facility. He stated that residents of northeast Plymouth are concerned about any changes at the Hazelden Pioneer House because it is within 1,000 yards of a school. He also stated that thefts increased from 1991 to 1992 in the area of the City in which this facility is located. Mr. Pappin asked how outpatients would be transported to and from the facility. He stated concerns about the patients loitering in the neighborhoods and urged the Council to reject the request. Councilmember Edson asked if there is a projection of the additional traffic that would be generated and a description of who the 16 outpatients would be replacing. Director Dillerud stated that traffic was discussed at the Planning Commission meeting. This Conditional Use Permit amendment would result in about two trips per day per client, or a total of 32 trips added to 36th Avenue North. This increase would be unnoticeable. He stated Hazelden representatives indicated that outpatients would arrive and leave by vehicle, and would not be coming and going Regular Council Meeting February 22, 1993 Page 4 from the facility during the day. Director Dillerud stated the facility is not currently being used to full capacity. The substitution of 16 outpatients is an effort to better use the facility and personnel. The same type of patients will be treated. Mike Shicks represented Hazelden Pioneer House. He stated the outpatients will be the same adolescent population that is currently served by the facility. They will be transported to and from the facility by private vehicle, and will not be wandering around the neighborhood. Councilmember Helliwell asked what type of treatment is offered at the facility. Mr. Shicks stated the program involves counseling and education related to alcohol and drug use. In nine years, he has received no complaints about the facility or the Hazelden clients creating problems in the neighborhood. MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to adopt RESOLUTION 93-99 APPROVING CONDITIONAL USE PERMIT AMENDMENT FOR HAZELDEN PIONEER HOUSE (93004). Councilmember Edson stated he will support this request. He clarified that Hazelden Pioneer House and Union Mission are two separately owned facilities. He joins the neighbors in their concerns relating to the adult population and problems in the neighborhood relating to Union Mission. To his knowledge, no complaints have been received relating to Hazelden Pioneer House. Mayor Bergman stated he has received no complaints with respect to Union Mission since the issue was last discussed about two years ago. The meetings between the Union Mission representatives and neighborhood have resulted in improvements. Councilmember Tierney stated Hazelden has a history of providing fine services for its clients and she will support the request. Also, the offering of outpatient services may result in cost savings to patients. Motion carried on a roll call vote, five ayes. ITEM 6-E TIMOTHY/PATRICIA O'BRIEN, AMENDED PUD PLAN AND CUP 93007 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-100 APPROVING AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR TIMOTHY AND PATRICIA O'BRIEN LOCATED AT 4615 TRENTON CIRCLE (93007). Regular Council Meeting February 22, 1993 Page 5 Motion carried on a roll call vote, five ayes. ITEM 6-F VERN REYNOLDS CONSTRUCTION COMPANY. FINAL PLAT FOR "BASS LAKE TERRACE 3RD ADDITION" (93011) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-101 APPROVING FINAL PLAT FOR VERN REYNOLDS CONSTRUCTION COMPANY FOR BASS LAKE TERRACE 3RD ADDITION LOCATED SOUTHWEST OF VINEWOOD LANE AND 55TH AVENUE NORTH (93011). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-102 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR VERN REYNOLDS CONSTRUCTION COMPANY FOR BASS LAKE TERRACE 3RD ADDITION LOCATED SOUTHWEST OF VINEWOOD LANE AND 55TH AVENUE NORTH (93011). Motion carried on a roll call vote, five ayes ITEM 6-G CITY OF PLYMOUTH, LOT DIVISION/CONSOLIDATION (93009) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-103 APPROVING LOT DIVISION/CONSOLIDATION FOR THE CITY OF PLYMOUTH FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF 54TH AVENUE NORTH AND NORTHWEST BOULEVARD (93009). Motion carried on a roll call vote, five ayes. ITEM 6-H GARBAGE HAULER LICENSE FOR ACTION SANITATION/ WASTE TECH INC. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-104 APPROVING GARBAGE HAULER LICENSE FOR ACTION SANITATION/WASTE TECH INC. Motion carried on a roll call vote, five ayes. Regular Council Meeting February 22, 1993 Page 6 ITEM 6-I SCHEDULE HEARING TO CONSIDER REVOCATION OR SUSPENSION OF OFF -SALE INTOXICATING LIQUOR LICENSE OF KENNY'S INC. This item was rescheduled for March 1. ITEM 6-J APPOINTMENT TO NORTHWEST SUBURBS CABLE COMMUNICATION COMMISSION MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 92-105 APPOINTING DWIGHT D. JOHNSON TO NORTHWEST SUBURBS CABLE COMMUNICATION COMMISSION. Motion carried on a roll call vote, five ayes. ITEM 6-K APPROVE FOUR SWINGS FOR BASS LAKE PLAYFIELD Councilmember Vasiliou stated that two swings was not sufficient when Bass Lake Playfield opened; however, she was shocked that the addition of four swings is estimated to cost $4,000. She asked if there is a way to add the swings at a lower cost, perhaps by having City employees do the construction. She also questioned if four additional swings will be adequate. Park Director Blank stated the Bass Lake Playfield contractor quoted $13,000 to add the swings as part of the original project. Staff delayed the purchase in order to get a better price. He stated that City employees can do some of the work. The majority of the cost is due to the retaining wall and fill material under the play equipment needed to meet the Federal Consumer Product Safety guidelines. Mayor Bergman asked if there are other locations in the park where the swings could be added, and noted this would be a good project to involve volunteers and/or Parent Teacher Organizations. Director Blank suggested that the southwest corner of the park may be an alternate location for the swings. Councilmember Helliwell stated the swings should be located near the other play equipment - not isolated in the park. She asked how many swings are available at Parkers Lake, Director Blank responded there are six swings near the lake and cited the number of swings in other parks. Regular Council Meeting February 22, 1993 Page 7 Councilmember Edson stated he was also surprised at the high cost to install four swings, but he receives requests from many people who want them at Bass Lake Playfield. He suggested that the staff provide an itemization on the costs for installation of the four swings. MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to defer this item until March 15 and to direct staff to provide cost detail on the installation of the swings. Motion carried, five ayes. ITEM 6-L FEASIBILITY REPORT FOR 1993 PARK PROJECT MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-106 AUTHORIZING THE DEVELOPMENT OF A FEASIBILITY REPORT AND INSTALLATION OF A HANDICAPPED ACCESSIBLE PLAYGROUND. Motion carried on a roll call vote, five ayes. ITEM 6-M SETTING HEARING FOR IMPROVEMENTS ON SCHMIDT LAKE ROAD AND FERNBROOK LANE, PROJECT 213 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-107 CALLING FOR HEARING ON IMPROVEMENTS, SCHMIDT LAKE ROAD, FERNBROOK LANE STREET AND UTILITIES IMPROVEMENTS, CITY PROJECT NO. 213. Motion carried on a roll call vote, five ayes. ITEM 6-N STREET LIGHTING FOR SUGAR HILLS ADDITION MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-108 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - SUGAR HILLS ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-109 RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING, SUGAR HILLS ADDITION. Regular Council Meeting February 22, 1993 Page 8 Motion carried on a roll call vote, five ayes. ITEM 6-0 DESIGNATING STREETS TO MUNICIPAL STATE AID SYSTEM MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-110 ESTABLISHING MUNICIPAL STATE AID HIGHWAY, FERNBROOK LANE. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-111 ESTABLISHING MUNICIPAL STATE AID HIGHWAY, FERNDALE ROAD. Motion carried on a roll call vote, five ayes. ITEM 6-P REALIGNMENT OF COUNTY ROAD 24 SOUTH OF HIGHWAY 55, PROJECT 031 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-112 AUTHORIZE THE APPROPRIATION OF MUNICIPAL STATE AID FUNDS TO CONSTRUCTION COUNTY ROAD 24. Motion carried on a roll call vote, five ayes. Councilmember Edson stated the current affected property owner is aware that the median divider may be extended westerly on County Road 24 at such time as County Road 24 is further upgraded or at such time as a hazardous condition exists as a result of the left turn traffic in and out of driveways. He asked how subsequent property owners would be advised. Public Works Director Moore stated the agreement for the median extension will be recorded with Hennepin County, and this information will be discovered if a title search is done before a sale. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-113 AGREEING TO THE MEDIAN EXTENSION, HENNEPIN COUNTY STATE AID HIGHWAY NO. 24. Motion carried on a roll call vote, five ayes. Regular Council Meeting February 22, 1993 Page 9 ITEM 6-0 SET HEARING ON VACATION OF EASEMENT IN ZACHARY HILLS ADDITION MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-114 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF A PORTION OF A DRAINAGE EASEMENT, LOT 6, BLOCK 2, ZACHARY HILLS. Motion carried on a roll call vote, five ayes. ITEM 6-R AWARD CONTRACT FOR LARCH HEIGHTS LAGOON OUTLET STRUCTURE, PROJECT 220 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-115 AWARDING BID, LARCH HEIGHTS LAGOON OUTLET STRUCTURE, PROJECT NO. 220. Motion carried on a roll call vote, five ayes. ITEM 7-A VACATION OF DRAINAGE EASEMENT IN ZACHARY HILLS ADDITION Public Works Director Moore presented the staff report on the request of Steven J. Koshiol to vacate a portion of the drainage easement in Lot 4, Block 2, Zachary Hills Addition, Mayor Bergman opened a public hearing on the vacation request at 7:50 p.m. No one appeared, and the hearing was closed. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Tierney, to adopt RESOLUTION 93-116 AUTHORIZING THE VACATION OF A PORTION OF A DRAINAGE EASEMENT IN LOT 4, BLOCK 2, ZACHARY HILLS. Motion carried on a roll call vote, five ayes. ITEM 7-B VACATION OF PORTION OF MEDICINE LAKE DRIVE WEST Public Works Director Moore stated that when Bass Lake Terrace 2nd Addition was platted, the area adjacent to Medicine Lake Drive West remained as an outlot until a temporary street access through Outlot B was constructed. This has been completed and all the necessary drainage and utility easements will be dedicated with the final plat of Bass Lake Terrace 3rd Addition. He recommended that the Regular Council Meeting February 22, 1993 Page 10 Council vacate the portion of Medicine Lake Drive West within the Bass Lake Terrace Addition. Mayor Bergman asked about the proposed time schedule for the Northwest Blvd. bridge construction and the purpose of the existing road to the south. Director Moore stated the gravel road provides access from County Road 47 to connect West Medicine Lake Drive. He stated the bridge work is scheduled to be completed in 1993. Mayor Bergman opened a public hearing on the vacation of a portion of Medicine Lake Drive West within Bass Lake Terrace Addition at 7:54 p.m. No one appeared, and the hearing was closed. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-117 AUTHORIZING THE VACATION OF A PORTION OF MEDICINE LAKE DRIVE WEST IN BASS LAKE TERRACE ADDITION. Motion carried on a roll call vote, five ayes. ITEM S-A CONSIDERATION OF ADOPTION OF HOUSING CODE AND RENTAL INSPECTION LICENSING PROGRAM Building Official Joe Ryan presented the staff report on the proposed Housing Maintenance Code and Rental Inspection Licensing Program. He introduced Housing Inspector Warren Kulesa. Building Official Ryan stated ordinance provisions from several neighboring communities were used to design the proposed Plymouth ordinance. In December, 1992, a letter was sent to all apartment owners in the City advising them of the City's intent to adopt a formal Housing Maintenance and Rental Licensing Code. A draft version of the proposal was included. Apartment owners were invited to attend an informational meeting to discuss the various provisions of the proposed ordinance, as well as the process by which the City proposes to administer the program. Six persons attended that meeting and formed the nucleus of the subsequent focus group. Building Official Ryan reported on the proposed implementation of the program assuming the Code was adopted by the Council. By the end of March, staff would notify all possible apartment owners (listed as non -homestead in the assessor's records) of the existence of the Housing Maintenance Code and Rental Licensing Program. Rental owners would be given 60 days to either advise the City that their property is no longer rented or submit a simple first year rental licensing application, along with the established fees. Inspections of rental dwelling units would begin in June with the order of inspection being established by a lottery. Regular Council Meeting February 22, 1993 Page 11 The purpose of the lottery is to spread the inspection load over a 12 month period. Once the Housing Inspector has completed inspection of the properties and generated a list of deficiencies, the property owner will be provided about 12 months to correct those deficiencies. He stated that members of the focus group raised concerns about the proposed fee schedule and felt that the fees should be reduced since the total operating budget approved by the Council was less than originally proposed. The focus group felt the program should be self-supporting, but the proposed fee for multi -family buildings should be reduced since apartment complex owners already pay more taxes than single family property owners. Building Official Ryan stated that although the fees proposed by the focus group appear to generate enough revenue to support the program, staff feels that the figures are uncertain since all of the 1,180 non -homestead single family dwellings are not rental properties. An unknown number of these properties are either vacant or in transition of a sale. The total revenues from the staff proposal and the focus group proposal are nearly identical. The staff proposal relies more on multi- family than single family rentals for revenue . He presented a list of rental licensing fees charged by other communities. Mayor Bergman asked if staff believes the proposed ordinance would be effective. Housing Inspector Kulesa stated yes. The ordinance would be a tool for the City to use to ensure that properties are maintained at a certain minimum level. Steven Schacktman, Steven Scott Management Inc., stated his company manages 6,500 apartment units, including Vicksburg Village and Harbor Lane Apartments. He feels that the proposed rental licensing fee schedule is discriminatory to apartment dwellers. He stated the program does not necessarily have to be self- supporting as there are benefits to the community at -large in maintaining the housing stock. Mr. Schacktman stated he would need to raise rents $6.40 per unit per year in Plymouth in order to pay the inspection fee proposed by staff, and apartments already have a much greater tax burden than single family homes. He questioned whether one inspector could do all inspections in the City the first year. He supported the program, but encouraged the Council to revise the fee structure as he believes apartment tenants are not getting equal benefits as single family residents from the taxes they pay. He believes, for example, that apartment dwellers do not use the City parks. Mayor Bergman stated the City initiated this ordinance at the request of tenants. Regular Council Meeting February 22, 1993 Page 12 Councilmember Vasiliou stated multiple dwelling residents receive basically the same benefits from the City as single family residents. In addition, multiple dwellings cause the City increased costs due to more frequent public safety calls. Councilmember Helliwell noted that renters came to the Council requesting a rental licensing program because they were experiencing problems like falling balconies, water leaks through light fixtures, and holes through the floor. She asked staff to respond to Mr. Schacktman's proposed fee schedule. Building Official Ryan stated the only concern is if a number of the non - homesteaded single family dwellings are not rentals, the program may not be self- supporting. Councilmember Vasiliou asked staff to respond to Mr. Schacktman's comment that renters do not use City parks. Recreation Supt. Mary Bisek stated apartment dwellers use the City parks and participate in recreation programs. The City gives financial assistance to a number of people in the community to participate in recreation programs and many of the people who receive assistance are renters. Councilmember Edson stated he supports a self-supporting fee structure. He believes it is more fair to charge the program costs against the users than to charge the entire City population through property taxes. George Warner, 4250 Park Glen Road, St. Louis Park, stated he is the lobbyist for the Minnesota Multi -Housing Association. The Association is not opposed to the proposed Housing Maintenance and Licensing Code; however the fee structure is unfair because much of the revenue will be used for corrective inspections on problem properties. Properties that are properly maintained do not receive equal benefit. He argued that the program should not be self-supporting and homeowners should share part of the burden in order to maintain the City's housing stock. Mr. Warner suggested that a complaint driven program would be more fair and fees could be charged for each corrective inspection. He stated that the City of St. Paul is on a two-year inspection cycle, and the City of Minneapolis has established increased fees for corrective inspections. Councilmember Vasiliou stated that several of Mr. Warner's comments have merit; however, she suggested that the City go through one inspection cycle so that a benchmark is established. Then the Council could consider further changes to the program. Mary Langum, 3501 Xenium Lane, stated she is the Property Manager for Stonehill Apartments. She stated that apartment owners have been trying to Regular Council Meeting February 22, 1993 Page 13 stabilize occupancy and income for the past several years. If the proposed fee structure is adopted, apartment owners will have to push rents higher and renters will move to surrounding communities. She requested that the Council adopt the fee structure recommended by the focus group. Susan Halgrimson, 15300 37th Avenue North, stated she is the Property Manager for SummerPlace Apartments. She stated Plymouth has a reputation of having quality housing, including the multiple housing stock. She feels the proposed licensing fees could be better used by property owners to maintain their properties. She supports a fine system for property owners who do not properly maintain their property. Carol Scheidler, Magnolia Lane, represented Park Avenue of Wayzata. She supports the proposed program, but believes the fees need revision. She believes the proposed per building base fee is unfair. Park Avenue of Wayzata has 160 units in 10 buildings, and under the City's proposed schedule would pay $2,800. If all 160 units were contained on one building, the fee would be $900. Mayor Bergman stated he would like to consider alternatives to the fee schedule before adopting the program. He would support a more flat per unit fee schedule between building types. Councilmember Tierney questioned the Council's previously directed goal of the program being totally self-supporting. She stated this should be discussed further, particularly for the first year of the program. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Tierney, to defer the adoption of a Housing Code and Rental Inspection Licensing Program and to direct staff to provide fee schedule alternatives, including increased fees for corrective inspections, and the complaint -based concept. Motion carried, five ayes. Councilmember Vasiliou stated the program needs to move forward. She requested that property owners and managers be contacted if there are additional focus group meetings. ITEM 8-B APPROVE RENTAL POLICIES - PARKERS LAKE PLAYFIELD PICNIC SHELTER/BASS LAKE PLAYFIELD SHELTER Recreation Supt. Bisek presented the proposed rental policy for Parkers Lake Playfield Picnic Shelter. The proposed policy would establish a $60 full day or $30 half day rental fee and a $25 key and damage deposit for Saturday and Sunday reservations. A sign would be posted indicating the shelter is reserved. The Regular Council Meeting February 22, 1993 Page 14 shelter would remain available on a first-come, first -serve basis Monday through Friday. The two pavilions near the lake could not be reserved. Councilmember Edson suggested that the policy be expanded to allow reservations seven days per week. He stated private companies may wish to reserve the shelter for company picnics during the week. Reservations should be limited to Plymouth residents and Plymouth businesses. Councilmember Vasiliou stated that Plymouth residents should not be denied use of the shelters. She suggested that weekends and holidays could be on a first- come first -serve basis, with reservations allowed only on weekdays. Recreation Supt. Bisek stated that the Parkers Lake Shelter would be the only shelter in the City of Plymouth that could be reserved. There are other facilities available to residents on a first-come, first serve basis. She stated staff receives many requests for facility reservation. Some events are very difficult to plan without reservations, i.e. wedding receptions, family reunions. MOTION was made by Councilmember Edson, seconded by Councilmember Vasdiou, to adopt RESOLUTION 93-118 APPROVING RENTAL POLICIES FOR PARKERS LAKE PLAYFIELD PICNIC SHELTER, with the amendment that reservations would be allowed seven days per week, excluding holidays, with a $60 full day or $30 half day or evening fee. Reservations would be accepted only from Plymouth residents and businesses. Staff was further directed to document non-resident requests for reservation of the shelter, and to amend the policy to indicate the reference to Large" shelter and to indicate that the shelter is available on a first-come, first -serve basis when not reserved. Councilmember Vasiliou asked whether the holiday exemption was a single day legal holiday or a holiday weekend. Councilmember Edson stated the intent of his motion was that reservations would not be allowed only for the day of a legal holiday - Memorial Day, July 4, Labor Day. Councilmember Vasiliou concurred. Motion carried on a roll call vote, five ayes. Staff was directed to include this information item in an upcoming Plymouth News. Recreation Supt. Bisek recommended that the Council adopt a rental policy for the Bass Lake Shelter Building. The policy would provide that use of the building is free for Plymouth organizations with a $25 key deposit which is refunded. Regular Council Meeting February 22, 1993 Page 15 MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 93-119 APPROVING RENTAL POLICY FOR BASS LAKE SHELTER BUILDING. Motion carried on a roll call vote, five ayes. ITEM 9-A 1993 LABOR AGREEMENT WITH LAW ENFORCEMENT LABOR SERVICES INC. REPRESENTING POLICE SERGEANTS Assistant Manager Boyles presented the proposed 1993 Labor Agreement between the City and Law Enforcement Labor Services, Inc., representing police sergeants. He stated the changes in the proposal from the one the Council previously reviewed are: 1) wages have been reduced from 4 percent to 3.25 percent across the board, and 2) sergeants will become eligible to overtime payment just as police officers are. Councilmember Helliwell stated that when the Council reviewed the previous proposal, it was noted that the sergeants had slipped in wages compared to similar communities. She stated the reduction from 4 percent to 3.25 percent is estimated to save the City $2,537; however, the inclusion of overtime is expected to cost the City about $10,000 per year. Public Safety Director Gerdes stated that by delaying the hiring of new personnel, the City will be able to accommodate the increased overtime within the existing 1993 budget. MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt RESOLUTION 93-120 APPROVING THE LABOR AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND PLYMOUTH POLICE SERGEANTS REPRESENTED BY LAW ENFORCEMENT LABOR SERVICES, INC., FOR CALENDAR YEAR 1993. Motion carried on a roll call vote, four ayes; Vasiliou nay. ITEM 9-B APPOINTMENTS TO FINANCIAL ADVISORY COMMITTEE AND PLANNING COMMISSION MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt RESOLUTION 93-121 APPOINTMENTS TO FINANCIAL ADVISORY COMMITTEE, appointing Peter Bartling to a term expiring 1-31-94, John Sullivan to a term expiring 1-31-96, and David Stene to a term expiring 1-31-96. Regular Council Meeting February 22, 1993 Page 16 Motion carried on a roll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt RESOLUTION 93-122 APPOINTMENT TO PLANNING COMMISSION, appointing Julie Witt to a term expiring 1-31-94. Motion carried on a roll call vote, five ayes. ITEM 9-C-1 CITY COUNCIL DIRECTIVES MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to accept the pending City Council Directives report. Motion carried, five ayes. ITEM 9-C-2 CAPITAL IMPROVEMENT AND PROJECT STATUS REPORTS MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to accept the Capital Improvement and Project Status Reports. Motion carried on a roll call vote, five ayes. ITEM 9-1) UNAUDITED FINANCIAL REPORT FOR 1992 Finance Director Hahn presented the 1992 Unaudited Financial Report. He stated the General Fund revenue was $520,814 more than anticipated. The largest portion of this overrun came from Permit Fees, Delinquent General Property Tax Collections, and charges for Current Services. He stated 1992 was a record year for building permit activity and that is very evident in the revenues received. The General Fund expenditures are under budget by $613,138. Most categories of expenditures ended the year considerably less than budget, with the exception of Legal. Director Hahn stated the 1992 operating revenues less expenditures yields a net surplus of $1,133,952 for the year. When that is added to the January 1, 1992, fund balance, the new projected fund balance is $5,352,831. This represents 44.4 percent of the 1993 budget. He suggested that the Council may wish to consider leaving this balance over the 40 percent goal until some of the uncertainties in the legislature are resolved. He reported on the status of the other City Funds. Councilmember Vasiliou asked about the Risk Management Fund balance. Regular Council Meeting February 22, 1993 Page 17 Finance Director Hahn stated the Financial Advisory Committee will be reviewing the Risk Management reserve at its next meeting to determine whether it is adequate. Councilmember Edson asked if the City has had an actuarial review the City's records to determine if the current reserve is adequate with respect to the potential exposures. He also asked if the City has any stop loss insurance above this reserve. Director Hahn stated there is no insurance above the reserve. Several years ago an insurance advisor reviewed the City's five years claim history. At that time, the reserve was believed adequate. MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to accept the 1992 Unaudited Financial Report. Motion carried, five ayes. ITEM 9-E PENDING STUDY SESSION TOPICS AND SCHEDULE City Manager Johnson reported that Harry Brull has indicated a date in late April would work for a City Council/staff teambuilding session. Mayor Bergman requested that the Housing Maintenance Code and Rental Licensing Program be added as a Study Session topic. Manager Johnson reported that the proposed train whistle restriction ordinance will be on the March 15 regular Council agenda. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to accept the Study Session Schedule. Motion carried, five ayes ITEM 9-G CITY COUNCIL INFORMATION MEMORANDUM Manager Johnson reported on an informational meeting to be held with alarm users, the 1993 LMC Legislative Conference, nominations process for LMC, C.C. Ludwig Award, and events planned for outgoing Assistant City Manager Frank Boyles. Manager Johnson reported that he received a memo from Mr. Cavanaugh's representative indicating that they wish to exercise the option to repurchase the initial library site. Regular Council Meeting February 22, 1993 Page 18 The meeting was adjourned at 9:50 p.m. City Clerk