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HomeMy WebLinkAboutCity Council Minutes 03-01-1993MINUTES REGULAR COUNCIL MEETING MARCH 1, 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 March 1, 1993. PRESENT: Mayor Bergman, Councilmembers Edson, Tierney, and Vasiliou ABSENT: Councilmember Helliwell STAFF PRESENT: City Manager Johnson, Public Works Director Moore, Community Development Director Dillerud, Finance Director Hahn, Public Safety Director Gerdes, City Attorney Meller, and City Clerk Rauenhorst ITEM 4 APPROVE AGENDA MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to approve the agenda. Motion carried on a roll call vote, four ayes. ITEM 5 CONSENT AGENDA Item 5-G was removed from the Consent Agenda. MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt the Consent Agenda as amended. Motion carried on a roll call vote, four ayes. ITEM 5-A AMOCO OIL COMPANY. RELEASE OF SITE PERFORMANCE GUARANTEE (87062) MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION 93-123 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR AMOCO OIL COMPANY FOR THE AMOCO STATION LOCATED AT 3955 VINEWOOD LANE 87062). Motion carried on a roll call vote, four ayes. Regular Council Meeting March 1, 1993 Page 2 ITEM 5-B LUNDGREN BROS. CONSTRUCTION. RELEASE OF TREE PRESERVATION GUARANTEE FOR HARBOR WOODS (90093) MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION 93-124 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR LUNDGREN BROS. CONSTRUCTION FOR TREE PRESERVATION FOR HARBOR WOODS ADDITION LOCATED NORTH AND EAST OF HARBOR LANE AND 8TH AVENUE NORTH (90093). Motion carried on a roll call vote, four ayes. ITEM 5-C MODIFICATION OF ECONOMIC DEVELOPMENT TAX INCREMENT FINANCE DISTRICT NO. 5-1 MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION 93-125 APPROVING THE MODIFICATION OF ECONOMIC DEVELOPMENT TAX INCREMENT FINANCING DISTRICT NO. 5-1 IN MUNICIPAL DEVELOPMENT DISTRICT NO. 5. Motion carried on a roll call vote, four ayes. ITEM 5-D APPROVING PLANS AND ADVERTISE FOR BIDS NORTHWEST BLVD., PROJECT 205 MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION 93-126 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, NORTHWEST BOULEVARD (FUTURE COUNTY ROAD 61 FROM SCHMIDT LAKE ROAD TO 54TH AVENUE NORTH), CITY PROJECT NO. 205. Motion carried on a roll call vote, four ayes. ITEM 5-E DEVELOPMENT CONTRACT BOND REDUCTIONS MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION 93-127 REDUCING DEVELOPMENT BOND, CARLSON CENTER EIGHTH ADDITION (87092). Motion carried on a roll call vote, four ayes. Regular Council Meeting March 1, 1993 Page 3 MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION 93-128 REDUCING DEVELOPMENT BOND, PONDEROSA WOODS 2ND ADDITION (92076). Motion carried on a roll call vote, four ayes. ITEM 5-F AGREEMENT WITH HENNEPIN COUNTY FOR COUNTY ROAD 24 RECONSTRUCTION. PROJECT 031 MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION 93-129 CONSTRUCTION COOPERATIVE AGREEMENT, COUNTY ROAD 24, CITY PROJECT NO. 031. Motion carried on a roll call vote, four ayes. ITEM 5-G ESTABLISHING INDIVIDUAL FUNDS FOR THE VARIOUS RESERVES WITHIN THE PERMANENT IMPROVEMENT REVOLVING FUND Councilmember Tierney asked Finance Director Hahn to explain the proposed establishment of funds. She had understood that when the Charter was adopted, the Permanent Improvement Revolving (PIR) Fund would be replaced by the Community Improvement Fund. Finance Director Hahn stated the PIR Fund was established in 1988 with three individual reserve accounts: Permanent Improvement Reserve, Infrastructure Reserve, and Storm Sewer Improvement Tax District Reserve. The PIR Reserve was established for the receipt of all maturing special assessment debt service fund balances. These monies were to be used for City public improvements and to provide assistance for the street reconstruction program until the levy was adequate or other financing sources became available. In October of 1992, 2,000,000 was transferred to the Infrastructure Reserve Fund to assist with the funding for the City's share of future street reconstruction projects. As a result, this is projected to keep the fund solvent for a number of years. He stated that separation of the Street Reconstruction Funds from the PIR Fund will help provide individual fund status reports and ongoing revenue and expenditure projections. The establishment of the proposed individual funds would provide better controls and more thorough analysis for staff and City Council decision making. He stated that with the implementation of the City Charter, the deferred special assessments from prior matured Debt Service Funds will need to be transferred to the new Community Improvement Fund from the PIR Fund. The individual funds will also provide more detail for auditing and accounting purposes and ensure that transfers were properly made. He also Regular Council Meeting March 1, 1993 Page 4 reported on the anticipated growth in the Community Improvement Fund over the next few years. MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 93-130 ESTABLISHING INDIVIDUAL FUNDS FOR THE VARIOUS RESERVES WITHIN THE PERMANENT IMPROVEMENT REVOLVING FUND. Motion carried on a roll call vote, four ayes. ITEM 5-H AWARD OF BIDS FOR 1993 TREE AND STUMP REMOVAL AND 1993 SPRING REFORESTATION MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 93-131 AWARDING BID FOR THE 1993 TREE AND STUMP REMOVAL. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 93-132 AWARDING OF BID FOR 1993 REFORESTATION PROPOSAL. Motion carried on a roll call vote, four ayes. ITEM 6-A HEAD START FUNDING REQUEST Community Development Director Dillerud stated last fall a task force representing several northwest Hennepin communities was seeking support for the development of a Head Start facility in Brooklyn Park. The location of the facility would be at the old Brooklyn Park Town Hall. Ten northwest communities were asked if they would be willing to contribute a portion of their Community Development Block Grant (CDBG) 1993 funding to make renovations to the building. Total funding requested from the ten communities would be $278,000. Plymouth's contribution was determined by Northwest Hennepin Human Services Council to be $40,000, based on an established formula. The Plymouth HRA considered this request and deferred the item for further study. The Plymouth City Council appointed a subcommittee to investigate further the advantages/disadvantages of contributing to Head Start. The subcommittee met twice. This subcommittee recommends that the 1993 CDBG allocation include 25,000 for this purpose. This would be about 9 percent of the total capital cost of the remodeling project. Recent data indicates that Plymouth children represent Regular Council Meeting March 1, 1993 Page 5 about six percent of the current Head Start volume. The HRA concurs with this recommendation to the Council. Director Dillerud stated there are three recommended conditions: 1) Financial participation must be based on a formula applied to the participating cities that relates the amount of capital contribution to the eligible potential children to be served, but in no case more than $25,000; 2) The provision of capital funding is contingent on receipt from the appropriate authorities responsible for Operation Head Start at this facility that classroom space within the facility will be available to eligible Plymouth children in a proportion equal to the proportion of capital funding provided by Plymouth by this action; and 3) Funding authorized by this resolution shall be provided only from Community Development Block Grant funds as such funds are available and this type of expenditure is, and continues to be an eligible CDBG expenditure as defined by the Department of Housing and Urban Development. He stated that the subcommittee also recommends that the City Council create a task force on Preschool Education to continue to review the subject and to develop alternatives for long term activity in this area by the City. Councilmember Edson asked if the proposed Plymouth funding is 9 percent of the total funding, then would Plymouth children constitute 9 percent of the total enrollment? Director Dillerud stated that is the intent of Condition No. 2 of the proposed resolution. Councilmember Edson stated concern that Head Start may return with a request for operating funds. He would like a commitment that if Plymouth contributes 25,000, they would not be asked to contribute toward operating costs. Director Dillerud stated that is a concern that has been raised with the Head Start group. They have indicated their operating funds are currently provided from other sources, but there is nothing to preclude them asking for further funding in the future. Councilmember Edson stated the Council can't predict what may occur in the future with the federal programs that fund Head Start. He would like a written understanding of where the operating funds are coming from today and what is proposed in the future so the City has assurance that a request for operating funds will not be received in the near future. Councilmember Vasihou shared Councilmember Edson's concerns. She stated that she has no opposition or problems with the Head Start Program, but without Regular Council Meeting March 1, 1993 Page 6 written confirmation that Plymouth will not be requested to provide operating funds, she will not be supporting the request. She asked staff to clarify Condition No. 3. Director Dillerud stated that Condition No. 3 was included in the event that the HUD rules changed so that this contribution would cease to be eligible under the CDBG Program, the City's commitment toward the $25,000 would also end. Otherwise, the City may be faced with providing funding from the General Fund. Phil Cohen, Chair of the Head Start Site Search Committee, stated that when the site search process was started three years ago, Hennepin County assured the committee that this is an eligible CDBG activity. He stated the request for capital funds will be made of each community only once. The operating funds are provided by the federal government. He stated there will be a growing need for additional Head Start facilities, and they would like to start another Search Committee to begin locating additional facilities. If additional operating funds become available, the group can then take advantage of the funding. Alice Dillon stated she represents Parents in Community Action (PICA), a private, nonprofit organization that has operated Head Start in Hennepin County for 23 years. She stated that 7 Plymouth children are currently served through Head Start and another 16 are on the waiting list. Ms. Dillon stated that her group believes the federal appropriation for Head Start will be increased, and the Minneapolis City Council has committed to provide additional funding. She stated that only 25 percent of the eligible children in Hennepin County are currently served, and she would hope that at some point the Council would consider funding to expand services to children. She requested that the Council approve the 40,000 request. Councilmember Tierney asked if it will be possible for their organization to comply with the condition that the number of Plymouth children in the program equal, on a percentage basis, the amount of funding provided. Ms. Dillon stated it is possible, but the condition is not necessary. She stated PICA is committed to providing Head Start to Plymouth children whether or not the Council approves the funding request. She believes there will be an increase in the number of Plymouth children served. She stated that the condition could be interpreted to mean that PICA could not serve more than that percentage of Plymouth children. Ms. Dillon stated that Plymouth is not actually contributing nine percent of the money when all factors are considered, and she doesn't see a relationship between the funding and percentage of Plymouth children served. Councilmember Edson stated that the Council must justify this expenditure to the Plymouth taxpayers. If the additional children to be served are from a City other Regular Council Meeting March 1, 1993 Page 7 than Plymouth, then Plymouth residents will not receive the benefit of their 25,000 contribution. If Plymouth contributes to the project, an increase in the number of Plymouth children to be served should occur. In response to a question by Councilmember Edson, Ms. Dillon explained that several factors and a weight system are used to determine eligibility and placement on the waiting list. She stated that how children are slotted is based on federal regulations. Those regulations would supersede any requirements that a City Council may adopt. She asked that the Council recognize a good faith effort on the part of PICA to serve Plymouth children. Councilmember Vasiliou reported on a meeting she recently attended at School District 284 with respect to this issue. She stated that the consensus was that there are increasing problems that need to be addressed as locally as possible. Therefore, she believes the $25,000 should be spent locally. Councilmember Edson stated he is supportive of this effort, but wants to ensure that the limited amount of money available is spent to benefit the most Plymouth children possible. He stated that the Council may need additional information on how Head Start operates so they know what to expect from their contribution. MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to defer the Head Start funding request to a study session. Marie Duncan, 117 Arleigh St., Wayzata, stated she is a low income mother of four children. She cited difficulties with transportation since there is no nearby Head Start facility, and the Head Start waiting lists. She supports the money being spent in the Plymouth area to serve Plymouth area children. Linda Hopkins, 17325 5th Avenue North, represented the Peppermint Fence Preschool Facility at County Road 6 and Highway 101. She stated that through the school district learning readiness program funding, they have been able to serve 25 to 28 children through scholarships at four area facilities in 1992. That funding is questionable for next year. She believes there are ways to provide these services locally and at a much lower cost than Head Start. She stated that $25,000 would give scholarships to 30 children in her program. Councilmember Tierney stated the Council needs to compare the types of programs and services available. For example, do the programs all provide meals and health care, and parent involvement. Carol Vannelli, 16715 28th Avenue North, stated she coordinates the Early Childhood Program and Learning Readiness Center for School District 284. She stated she previously worked with Head Start in south Minneapolis to try to get a Regular Council Meeting March 1, 1993 Page S site in the Plymouth area. She stated they were not interested in locating in this area. Ms. Vannelli explained the Learning Readiness Program and services provided, as well as the funding. She stated it is unknown whether funding will continue for next year. Twenty-five of thirty-three students served this year were Plymouth residents. She is concerned because Head Start is a segregated program. At risk children are in an environment only with other at risk children. The Learning Readiness Program is designed to integrate at right children with children from typical families. She stated that travel distance is a factor, and there is some stigma associated with children entering kindergarten from a Head Start Program. She requested that the Council use the money locally in Plymouth for the Learning Readiness Program. Gayleen Touhey, 12325 Highway 55, stated she has been in the early childhood profession for 25 years and believes that program alternatives are needed for various children. She stated that her day care center served 12 children through the Learning Readiness Program this year, and the center donated an additional 1,200 to help meet their needs. Ms. Touhey stated that money should not be donated for buildings when children's needs are not met, and she supports donation of the money within the City. Genelle Magler, 3305 Harbor Lane #7205, stated she has a four-year old in the Peppermint Fence Program. Her ten-year old was previously in the Head Start Program. She stated that both programs are good, but she prefers to have her children attend a local facility due to transportation problems. She requested the Council donate the money to existing facilities in the City. Grace Norris, Greater Minneapolis Day Care Association, reported on the Head Start Task Force she previously worked on. She urged the Council to look carefully at all the available programs before making a decision. Phil Cohen stated Head Start is not competing with Learning Readiness Programs. There are more needs than there are resources for. He invited the Council to visit the Head Start facility to see it function prior to the study session. Councilmembers Edson and Vasiliou stated they are not against the Head Start Program. However, they have concerns about travel distance, providing services locally, and maximizing the benefit to Plymouth residents. Motion to defer to a study session carried, four ayes. Regular Council Meeting March 1, 1993 Page 9 ITEM 6-B SUPPORT LEGISLATION REMOVING STATUTORY CAP ON FIRE PENSION BENEFITS Public Safety Director Gerdes stated that the Plymouth Fire Relief Association has requested Council support of pending legislation that would remove the statutory cap on fire pension benefits. He stated once the legislation is passed, it would be necessary to evaluate the funds to determine if funds are available in order to increase benefits. MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to direct staff to notify legislators of the City's support for legislation removing the statutory cap on fire pension benefits. Motion carried, four ayes. ITEM 7-A SCHEDULE HEARING TO CONSIDER REVOCATION OR SUSPENSION OF KENNY'S LIQUOR OFF -SALE INTOXICATING LICENSE City Clerk Rauenhorst stated on July 27, 1992, an incident involving the sale of liquor to a minor occurred at Kenny's Liquor, Inc., 12 Nathan Lane North. Subsequently, the clerk pled guilty to a misdemeanor charge of illegally selling alcohol to a minor. Staff believes that this incident meets the minimum standards for considering license suspension or revocation as set forth in the City Code. She recommended that the Council schedule a public hearing to consider whether civil action should be taken against Kenny's Inc. MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to adopt RESOLUTION 93-133 ESTABLISHING A PUBLIC HEARING TO CONSIDER THE SUSPENSION OR REVOCATION OF AN OFF -SALE INTOXICATING LIQUOR LICENSE ISSUED TO KENNY'S INC., 12 NATHAN LANE. Motion carried on a roll call vote, four ayes. ITEM 7-B REPORT ON 1992 DEER HUNT Public Safety Director Gerdes introduced Support Services Supervisor Barb Cox. She presented statistics on the 1992 deer hunt and reported that it was very successful. The hunt took place between Sept. 19 and Dec. 31, 1992. Twenty- eight landowners participated in the bow hunt, and approximately 1,765 acres of land in the northwest area of the city were hunted. The Public Safety Department issued 153 individual bow permits, and 50 deer were taken. Regular Council Meeting March 1, 1993 Page 10 Mayor Bergman asked if the Hennepin County Park District participated in the hunt. Director Gerdes stated they did participate in 1992 and are interested again for 1993. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Tierney, to accept the 1992 Deer Bow Hunt Report, and to direct staff to proceed with a 1993 Deer Bow Hunt. Motion carried, four ayes. ITEM 7-C STUDY SESSION SCHEDULE AND COUNCIL INFORMATION MEMORANDUM Manager Johnson reported that the joint Planning Commission meeting with Minnetonka has been deferred. He also reported that a new sewer and water maintenance worker has been hired. Councilmember Vasiliou stated she has received many phone calls with respect to the joint Planning Commission meeting with Minnetonka. She stated she does not comment on a proposal until the Planning Commission has concluded its process. She stated it would be helpful if this information was passed along at neighborhood meetings if staff are in attendance. The Council set the study session on the Head Start Funding request to immediately following the 4:00 p.m. Business Persons Town Meeting on March 10. The Council briefly discussed the goose problem in the City and the Translocation Program. Staff was directed to send a letter to area legislators indicating that Plymouth was one of the first communities to participate in the program but it was not effective. The problem is much larger and the Translocation Program alone will not solve the problem. This is a problem that needs to be addressed on a metro, if not state-wide, basis. Councilmember Vasiliou noted that legal opinions have been expressed with respect to the Baton Corporation planning application. She asked if it would benefit the Planning Commission to have the benefit of a City Attorney's opinion on the issue. Director Dillerud stated a City Attorney's opinion has already been requested and received by the Planning Commission. Regular Council Meeting March 1, 1993 Page 11 Councilmember Tierney stated that she was informed that Anneliese Dilworth has resigned from the Northwest Hennepin Human Services Council. Staff was directed to confirm and provide applications of individuals who have been interviewed to the Council for consideration of appointment. ITEM 7-D AFFIl2MATION OF EXISTENCE OF PLYMOUTH PORT AUTHORITY AND APPOINTMENT OF THREE COMMISSIONERS MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to adopt RESOLUTION 93-134 AFFIRMING THE EXISTENCE OF THE PORT AUTHORITY OF THE CITY OF PLYMOUTH AND APPOINTING THREE COMMISSIONERS TO THE BOARD THEREOF, appointing Kim Bergman, Joy Tierney, and John Edson. Motion carried on a roll call vote, four ayes. The meeting was adjourned at 8:53 p.m. Cit Clerk