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HomeMy WebLinkAboutCity Council Minutes 01-07-1998APPROVED MINUTES REGULAR COUNCIL MEETING JANUARY 7, 1998 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the City Center, 3400 Plymouth Blvd., on January 7, 1998. COUNCIL PRESENT: Mayor Tierney; Councilmembers Bildsoe, Wold, Johnson, Preus, Spigner, and Black. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Finance Director Hahn, Park and Recreation Director Blank, City Attorney Knutson, and City Clerk Ahrens. Item 3 Plymouth Forum No one appeared for the Forum. Item 4-A Preventing Youth Access to Tobacco Mayor Tierney announced that area mayors have signed a proclamation to encourage prevention of youth access to tobacco in their communities. Public Safety Director Gerdes described the "Doing Our Part So Kids Don't Start" campaign. He also described efforts taken by the City of Plymouth during the past two years to prevent youth access to tobacco. Item 4-11 Police Incident Public Safety Director Gerdes described a police incident that occurred on Sunday, January 4, near Vinewood Lane and Rockford Road. The incident had a favorable outcome. He thanked the police and fire departments, as well as personnel from other police departments who assisted with the incident. The suspect was arrested and charged with four felonies. Item 4-C Mann Theater Grand Opening City Manager Johnson described the Mann Theater grand opening event and invited residents to participate. Item 5 Approve Agenda Councilmember Johnson requested that Items 9-17 and 9-G be moved to 8-B and 8-C in their respective order. Approved City Council Minutes January 7, 1998 Page 2 Chuck Lymangood, 11780 40'hPlace North, said that he appreciates the action to move this item up on the agenda. He expressed great displeasure that his name was placed as the last item on the agenda. He read an excerpt from the December 19, 1993 special Council meeting minutes: "Councilmember-elect Lymangood stated he would prefer that the Council table items to specific dates, rather than indefinitely tabling issues, and that when an issue is tabled to a specific date, it definitely appears on that agenda." Councilmember Spigner stated that she would welcome Mr. Lymangood's comments during the discussion on Items 8-B and 8-C, but she does not believe it is appropriate to discuss the issue under the "Approve Agenda" portion of the agenda. Mayor Tierney asked Mr. Lymangood if he agrees with the motion to amend the order of items on the agenda. Mr. Lymangood again objected to placement of his name last on the agenda and requested to be allowed to briefly speak. Mayor Tierney granted his request. Mr. Lymangood continued, "Discussion was also held on the order of agenda items. It was decided that, generally, items tabled from a previous meeting would be heard first under that section of the agenda." Councilmember Johnson said that she understands Mr. Lymangood's concerns and that is why she made the motion to amend the order of items on the agenda. Motion was made by Councilmember Preus, seconded by Councilmember Johnson, to approve the agenda as amended. Motion carried, seven ayes. Item 6 Consent Agenda Items 6-A and 6-Z were removed from the consent agenda. City Manager Johnson clarified that the meeting date referenced in Item 6-H should be Monday, January 26. Motion was made by Councilmember Preus, seconded by Councilmember Black, to approve the consent agenda as amended. Motion carried, seven ayes. Approved City Council Minutes January 7, 1998 Page 3 Item 6-11 Approve Disbursements Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-1 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING DECEMBER 26,1997. Motion carried, seven ayes. Item 6-C-1 Appointment of Council Secretary Motion was made by Councilmember Preus, seconded by Councilmember Black, to appoint Laurie Ahrens as Council Secretary for 1998. Motion carried, seven ayes. Item 6-C-2 Appointment of Official Depositories Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-2 APPOINTING OFFICIAL DEPOSITORIES FOR CITY FUNDS FOR 1998. Motion carried, seven ayes. Item 6-C-3 Ratification of Bonds for City Employees Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-3 RATIFYING SURETY AND BLANKET BONDS FOR CITY EMPLOYEES FOR 1998. Motion carried, seven ayes. Item 6-C-4 Appointment of Health Officer Motion was made by Councilmember Preus, seconded by Councilmember Black, to appoint Dr. Doug Lowin as City Health Officer for 1998. Motion carried, seven ayes. Item 6-D Ordinance concerning Parking of Vehicles on Public Property Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt ORDINANCE 98-1 AMENDING CHAPTER XIII OF THE PLYMOUTH CITY CODE CONCERNING THE PARKING OF VEHICLES ON PUBLIC PROPERTY. Motion carried, seven ayes. Item 6-E Adjustment to Firefighter Compensation Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-4 ESTABLISHING 1998 PAY SCHEDULE FOR MEMBERS OF THE PLYMOUTH FIRE DEPARTMENT. Motion carried, seven ayes. Approved City Council Minutes January 7, 1998 Page 4 Item 6-F Amend Liquor Ordinance Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt ORDINANCE 98-2 AMENDING CHAPTER XII OF THE PLYMOUTH CITY CODE CONCERNING THE SALE, CONSUMPTION AND DISPLAY OF ALCOHOLIC BEVERAGES. Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt ORDINANCE 98-3 AMENDING CHAPTER X OF THE PLYMOUTH CITY CODE CONCERNING FEES WITH REGARD TO INVESTIGATIONS ON LIQUOR LICENSES. Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-5 REPEALING POLICY RELATING TO THE ISSUANCE OF ON -SALE INTOXICATING LIQUOR LICENSES. Motion carried, seven ayes. Item 6-G Street Reconstruction Policy Revision Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-6 REVISING SPECIAL ASSESSMENT POLICY, STREET RESURFACING AND RECONSTRUCTION. Motion carried, seven ayes. Item 6-H Special City Council Meeting Date Motion was made by Councilmember Preus, seconded by Councilmember Black, to establish Monday, January 26, 1998 at 6:00 p.m. as a Special City Council meeting for the Annual Meeting with Plymouth legislators. Motion carried, seven ayes. Item 6-I United Properties, Plymouth Woods Office Center (97160) Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-7 APPROVING A PRELIMINARY PLAT FOR UNITED PROPERTIES FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF FERNBROOK LANE AND 34'x' AVENUE (97160). Motion carried, seven ayes. Approved City Council Minutes January 7, 1998 Page 5 Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-8 APPROVING SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCE FOR UNITED PROPERTIES FOR PROPERTY LOCATED SOUTHEAST OF FERNBROOK LANE AND 34TH AVENUE (97160). Motion carried, seven ayes. Item 64 Uniform Allowance for Non -Represented Sworn City Employees Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-9 APPROVING THE PAYMENT OF A CLOTHING ALLOWANCE TO SWORN PEACE OFFICERS WHO ARE NON -REPRESENTED CITY EMPLOYEES. Motion carried, seven ayes. Item 6-K Settlement of Labor Contract with LELS Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-10 APPROVING THE LABOR AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND PLYMOUTH SERGEANTS REPRESENTED BY LAW ENFORCEMENT LABOR SERVICES (LELS) FOR CALENDAR YEARS 1998-1999. Motion carried, seven ayes. Item 6-L Establish Board of Review Dates Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-11 ESTABLISH 1998 BOARD OF REVIEW MEETING DATES. Motion carried, seven ayes. Item 6-M 1998 Compensation and Classification Plan Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-12 APPROVING THE 1998 CLASSIFICATION AND COMPENSATION IMPLEMENTATION PLAN. Motion carried, seven ayes. Item 6-N New Home Services. Lot Division/Consolidation in French Ridge Park Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-13 APPROVING LOT DIVISION/LOT CONSOLIDATION FOR NEW HOME SERVICES FOR PROPERTY LOCATED AT LOTS 14 AND 15, BLOCK 1, FRENCH RIDGE PARK (97178). Motion carried, seven ayes. Approved City Council Minutes January 7, 1998 Page 6 Item 6-0 Elm Creek Playfield Change Order Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-14 APPROVING CHANGE ORDERS FOR THE ELM CREEK PLAYFIELD. Motion carried, seven ayes. Item 6-P Fencing Upgrade at Zachary Park Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-15 APPROVING FENCE UPGRADE AT ZACHARY PLAYFIELD. Motion carried, seven ayes. Item 6-Q Reduction in Required Financial Guarantee Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-16 REDUCING REQUIRED FINANCIAL GUARANTEE, ROCKFORD ESTATES ADDITION 93008). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-17 REDUCING REQUIRED FINANCIAL GUARANTEE, MISSION VIEW ADDITION (94158). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-18 REDUCING REQUIRED FINANCIAL GUARANTEE, ORCHARDS OF PLYMOUTH 2'"D ADDITION (96093). Motion carried, seven ayes. Item 6-11 Order Public Hearing to Consider Vacation of Easements Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-19 ORDERING PUBLIC HEARING ON THE VACATION OF THE DRAINAGE AND UTILITY EASEMENTS WITHIN CARLSON CENTER SECOND ADDITION, CARLSON CENTER SIXTH ADDITION AND CARLSON CENTER THIRTEENTH ADDITION. Motion carried, seven ayes. Item 6-S Purchase of Single Axel Dump Truck Chassis Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-20 APPROVAL OF PURCHASE OF ONE NEW CURRENT MODEL SINGLE AXLE DUMP TRUCK CHASSIS. Motion carried, seven ayes. Approved City Council Minutes January 7, 1998 Page 7 Item 6-T Purchase of Tractor Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-21 APPROVAL OF PURCHASE OF ONE LOW HOUR DEMONSTRATOR TRACK TYPE TRACTOR. Motion carried, seven ayes. Item 6-U Change Order for East Medicine Lake Boulevard Improvements Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-22 APPROVING CHANGE ORDER NO. 1, EAST MEDICINE LAKE BOULEVARD, CITY PROJECT NO. 7006. Motion carried, seven ayes. Item 6-V Set Public Hearing for Cavanaugh Area Street Reconstruction Project Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-23 CALLING FOR HEARING ON IMPROVEMENTS, CAVANAUGH AREA, STREET RECONSTRUCTION PROJECT, CITY PROJECT NO. 8001. Motion carried, seven ayes. Item 6-W 1998 Street Reconstruction Project Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-24 ORDER PRELIMINARY ENGINEERING REPORT FOR 1998 STREET RECONSTRUCTION PROJECT, CITY PROJECT NO. 8001. Motion carried, seven ayes. Item 6-X Display of Plymouth Fine Arts Council Fine Art in City Hall Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-25 APPROVING PLYMOUTH FINE ARTS COUNCIL REQUEST TO DISPLAY ART WORK. Motion carried, seven ayes. Item 6-Y Proclamation for "How to Talk Minnesotan" Day Motion was made by Councilmember Preus, seconded by Councilmember Black, to proclaim January 18, 1998 as "How to Talk Minnesotan" Day. Motion carried, seven ayes. Item 7-A Housing Improvement Fees for the Shenandoah Townhomes Housing Improvement Area Mayor Tierney stated that because she is on the board of the Franklin National Bank, she will refrain from voting on this item. However, she will remain for the discussion. Approved City Council Minutes January 7, 1998 Page 8 Housing Supervisor Goldsmith presented the staff report on the approval of Housing Improvement Fees for the Shenandoah Townhomes Housing Improvement Area. He said that the Shenandoah Association has finalized the plans for the residing work and accepted bids for the project. Based on the bids received, the estimated cost for the project, including City financing cost, is expected to be a maximum of $1,670,000, or $7,630 per unit. The City would issue taxable general obligation bonds to finance this cost. The cost could be paid in part or in full prior to the bond sale or amortized over 15 years at a rate of approximately 8 percent, for a maximum annual fee of $960 per unit. The actual fee will be determined by the actual interest rate on the bonds at the time of the bond sale. Under state statutes, the Housing Improvement Fee can be vetoed by a minimum of 35 percent of the property owners filing objections with the City Clerk within 45 days of the fee being approved. In the event that construction proceeds prior to the issuance of the bonds, after the 45 day veto period, he also requested that the Council approve the use of up to $1 million from the City's unfinanced improvement fund as a loan to provide interim financing until the bonds are sold on the project. Supervisor Goldsmith said that in an effort to assist low and moderate income owners with the cost of residing, the Franklin National Bank submitted an application on behalf of the Plymouth Housing and Redevelopment Authority to the Federal Home Loan Bank Affordable Housing Program. He said that verbal confirmation of the award has been received. This will provide zero interest deferred payment loans to assist 53 low and moderate income homeowners with a portion of the cost of the residing. He explained that the state statutes provide that all costs of the Housing Improvement Area are to be charged against the affected properties as fees. However, the City could have some short-term risk to cover any delinquent debt service payments that exceeded the amount factored into the project cost. The City can recoup these fees through the Housing Improvement Fees. He said that continued deterioration of the property would adversely affect property values and property tax revenues from this area. The assessor's market value for the area is approximately $15,500,000. Property taxes payable in 1997 are $240,000, of which $31,200 is City property tax. Short- term risk to the City of providing assistance for the project would be offset by preventing the inevitable decline in property values that would occur if the improvements were not made. In the long term, the proposed housing improvements would preserve and possibly increase property tax revenues for the City and other local taxing jurisdictions. He concluded that the Shenandoah Townhome Improvement Area Advisory Committee and the Shenandoah Homeowners Association have approved the residing project, including the proposed City financing. Approved City Council Minutes January 7, 1998 Page 9 Councilmember Johnson asked for clarification on the amount per unit and whether the final amount could be less. Supervisor Goldsmith responded that the Council would establish a maximum amount per unit, but the final amount could be less based on actual costs. Councilmember Bildsoe announced that he attended the homeowner association meeting last evening where the homeowners voted on the issue. Councilmember Preus asked about the outcome of the homeowner association vote and the bids on the project. Supervisor Goldsmith said that 96 homeowners voted in favor of the project, with 35 opposed. He said the construction bids were more than $100,000 lower than the architect's estimate and within the anticipated cost. Mayor Tierney opened the public hearing at 7:30 p.m. Jerry Maley, 2656 Shenandoah Lane, President of the Shenandoah Townhome Association, spoke on behalf of Bud Greely, 15620 27 h Avenue North. He said that 131 homeowners or proxies were present at last night's meeting. He verified the vote was 96 in favor of the project and 35 against the project. There are 219 total homeowners. Camille Jahnke, 15792 27`h Avenue North, said that she owns two units in the Shenandoah Townhomes and hopes to receive financial assistance for the improvements. Ms. Jahnke said the siding is needed, but the cost is excessive. She believes that there are types of longer -wearing and more durable siding available for the bid amount. Mayor Tierney closed the public hearing. Councilmember Bildsoe thanked the homeowner association for identifying the problem and working for a long time to address it. He also commended Supervisor Goldsmith for bringing this financing mechanism to their attention. Approved City Council Minutes January 7, 1998 Page 10 Motion was made by Councilmember Bildsoe, seconded by Councilmember Preus, to adopt RESOLUTION 98-28 APPROVING A HOUSING IMPROVEMENT FEE FOR THE SHENANDOAH TOWNHOMES HOUSING IMPROVEMENT AREA, PURSUANT TO MINNESOTA STATUTES 428A, AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE SHENANDOAH HOMEOWNERS ASSOCIATION AND AUTHORIZING USE OF THE UNFINANCED IMPROVEMENT FUND FOR INTERIM FINANCING. Mayor Tierney asked if there is anything additional that can be done to assist homeowners with the fee. Supervisor Goldsmith said that there were six low and moderate income applicants who did not meet the Federal Home Loan bank criteria. He will request that the Housing and Redevelopment Authority provide additional assistance for those individuals. Motion carried, six ayes; Tierney abstained. Item 7-B Vacation of Easements Public Works Director Moore presented the staff report on the vacation of a permanent easement for street and utility purposes in Outlot A, Plymouth Freeway Center 4`h Addition. Mayor Tierney opened the public hearing at 7:42 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Johnson; seconded by Councilmember Black; to adopt RESOLUTION 98-26 AUTHORIZING THE VACATION OF A PERMANENT EASEMENT FOR STREET AND UTILITY PURPOSES IN OUTLOT A, PLYMOUTH FREEWAY CENTER 4THADDITION, and RESOLUTION 98-27 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF RESOLUTION 98- 26 VACATING A PERMANENT EASEMENT FOR STREET AND UTILITY PURPOSES IN OUTLOT A, PLYMOUTH FREEWAY CENTER 4THADDITION, with the correction to add the word easement" on the first line of Resolution 98-26. Motion carried, six ayes; Spigner absent. Item 8-A Employee Fitness Program Assistant Manager Lueckert presented the staff report on a proposed Employee Fitness Incentive Program for 1998. She said this item was tabled from December 3. She described the program proposed by the Wellness Approved City Council Minutes January 7, 1998 Page 11 Committee, and referenced similar programs in the public and private sectors. At the December meeting, it was pointed out that staff had omitted an analysis on the implications to the proposed program of the 1994 State Auditor's Report which had investigated employee benefit practices in Plymouth. The City Attorney has reviewed the proposed program and the State Auditor's opinion, and has opined that the program would be allowable if approved by the City Council. She said the program would be capped at $25,000 for 1998, and it would be a one-year trial period. There are certain participation and performance measurements that must be met in order for the program to continue. Councilmember Black thanked staff for obtaining information on the private sector comparison information. She had requested that information because of concerns about the perception of public employees and the benefits they receive. Councilmember Johnson noted that an alternate resolution has been distributed which specifically states that City Council members are not eligible for the program. This was her intent since the program was first discussed. Motion was made by Councilmember Black, seconded by Councilmember Johnson, to adopt RESOLUTION 98-29 APPROVING THE EMPLOYEE FITNESS INCENTIVE PROGRAM FOR 1998 (alternate resolution excluding the City Council from the Program). Mayor Tierney asked if the initiation fee reimbursement would end if the program were extended for a second year. Assistant Manager Lueckert said that the reimbursement provision could continue for employees who did not participate in the program the first year but met the participation requirements in the second year. Councilmember Johnson said the City Attorney did a good job of outlining case laws which support the City providing this type of employee program. Councilmember Wold noted that a variety of companies in the private sector, including his own, offer similar programs. Councilmember Black thanked Chuck Lymangood for pointing out that under the original resolution language the Council would have been eligible for the program, as it was never her intent to include the City Council in this benefit. Approved City Council Minutes January 7, 1998 Page 12 Motion carried, six ayes; Spigner absent. Item 8-13 (9-F) Discussion of Charter Commission December Resolution Mayor Tierney said that the Charter Commission adopted a resolution in late 1997 relating to the supermajority vote issue and is looking for a response from the City Council. The City Council discussed the resolution at a study session, but took no action. Councilmember Johnson clarified that while the Council took no immediate action at the study session, the Council indicated that the issue would be placed on a future study session agenda. Assistant Manager Lueckert explained that at its December 2, 1997 meeting, the Charter Commission adopted a resolution asking the City Council to consider its October 21 resolution. The October 21 resolution requested that the Council repeal Ordinance 96-9 and Resolution 96-555; these actions place the proposed supermajority charter amendment on the ballot in November 1998. She said the Charter Commission's December resolution requests the City Council to discuss the possible repeal of the ordinance and resolution at a regular City Council meeting and further requests that the City Council hold a public hearing on the possible repeal of the proposed supermajority amendment by April 1, 1998. Assistant Manager Lueckert stated that the City Council has several options: 1) As requested by the Charter Commission, discuss the Charter Commission's October 21 resolution at the January 7 meeting, or schedule the discussion for a future regular meeting; 2) Schedule a discussion of the Charter Commission's request for a future study session, possibly in February or March; and 3) Take no action on the Charter Commission's request. She said the Charter Commission recognizes that their resolution is a request to the Council and that the Council is not bound to take any action. Mayor Tierney said that if the Council decides to take no action, she would like a written response made to the Charter Commission. Councilmember Preus said that when this issue was discussed at the City Council study session, the Council directed that the issue be placed on a study session agenda during the first quarter of 1998. He sees no reason that further action is needed by the Council at this time. Councilmember Black agreed that no further action is needed at this time. She has reviewed the entire file on the supermajority vote issue. She believes that the report forwarded to the City Council by the Charter Commission on Approved City Council Minutes January 7, 1998 Page 13 this issue did not present all of the facts, both pro and con on the issue, and did not present options for addressing concerns. She said the discussion on the issue to date has been emotional and full of opinions and views. The facts have not been clearly explained. She does not believe the Council can do this work tonight, and she favors further discussion at a study session. Councilmember Johnson concurred with Councilmember Black's comments. She suggested that the Charter Commission could be invited to attend and participate in the upcoming study session on the issue. Councilmember Wold asked if any new information was presented by the Charter Commission regarding this amendment. Assistant Manager responded no. Councilmember Wold stated that in light of no new information being presented, he is perplexed why the Council would again discuss the issue. He has heard all of the arguments against the proposed Charter amendment and was not persuaded. Councilmember Wold said that the Council should reconsider an issue if there is a problem with the method of voting, new information, or some issue not given due consideration. In this case, the Council saw all of the facts, studied the issue, and overwhelmingly voted to support it. He believes the Council should move on to other issues. Councilmember Spigner agreed that the Council should not spend additional time on the supermajority vote issue, especially at a study session. She supports Option 3 to take no action on the Charter Commission's request. Councilmember Johnson said that there are new members on the City Council and the Charter Commission. She said the argument was made during the 1996 Council discussion, that the voters, through implied approval, were supporting the supermajority issue because candidates had included that in their campaign literature. She has heard all of the arguments, but has not had the opportunity to discuss and weigh the arguments with the City Council. Chuck Lymangood, 11780 40`h Place North, spoke in favor of the item. He said that the City Council took action at the November 12 study session to place the issue on an upcoming study session agenda; however, the Charter Commission was told that the Council took no action. He spoke with the Mayor today and believes that the Council should hold a meeting on the issue, with an invitation to the Charter Commission to attend the meeting, and that the Council should take a vote to rescind or not to rescind. He believes that a vote should be taken by the Council in order to clarify the misunderstandings Approved City Council Minutes January 7, 1998 Page 14 that have occurred. He believes that a lack of proper communication between the City Council and the Charter Commission is interfering with the addressing of the issue. The Charter Commission was told that the Council took no action, so the Commission twice more asked the Council to consider the issue. He suggested that the Council place the issue on an agenda as soon as possible. Mayor Tierney said that the issue should be addressed in a study session by April 1 so that the City Council could then place the issue on a regular agenda or conduct a public hearing. She agrees that the issue should be considered at a regular meeting with the Charter Commission present. Councilmember Preus said that the Council has already placed the item on a future study session. He is not ready to commit to a regular Council meeting or public hearing on the issue. Councilmember Black said that citizens need information on the supermajority issue in order to make an educated vote. She would like to get information on the pros and cons of the proposal to the public. Motion was made by Councilmember Johnson, seconded by Councilmember Wold, that the upcoming Council study session be held in the Council Chambers, videotaped, and replayed on Channel 37. Councilmember Wold agreed that the public should have the right of greatest access to that meeting. Councilmember Johnson said that although all City Council meetings are noticed, she would like to generate additional interest and notice of the study session. Motion to amend was made by Councilmember Preus, seconded by Councilmember Wold, to establish the study session on the supermajority vote issue on March 11 at 7:00 p.m., with the Charter Commission invited to attend. Motion to amend carried, seven ayes. Main motion as amended carried, six ayes; Spigner nay. Item 8-C (9-G) Discussion of Mr. Lymangood's Forum Comments Councilmember Wold said that Mr. Lymangood's comments at a previous Plymouth Forum were tabled to this meeting, as well as the content of those Approved City Council Minutes January 7, 1998 Page 15 comments which were regarding a December 2 memo written by Mayor Tierney. Chuck Lymangood, 11780 40`h Place North, referenced the placement of this item on the agenda. He said that his tendency would be to address issues contained in the Mayor's memo item by item; however, he will not do so because he does not want to "make a war." He said that when two Council members purposefully place an item at the end of the agenda and involve the City Manager's office in doing so, it is disrespectful to him. He said it was also disrespectful that the staff report distributed to the City Council and the news media included the Mayor's memo but not his memo which attempted to make peace on the issue. Mayor Tierney said that the City Council has received both her memo and the response of Mr. Lymangood. She directed staff to provide both memos to the news media. Councilmember Johnson said that no disrespect was intended with respect to the placement of this item on the agenda. Councilmember Black requested that Mr. Lymangood be allowed to make his comments without interruption. Mr. Lymangood said that he had taken the time to write a memo and expected it to be included along with the Mayor's memo, as a matter of respect. He said the issue for the City Council is how the Council is going to conduct debates and discussion in a respectful manner in order to get to the issues and not interject personalities. He distributed a list of observations about the Mayor's memo and suggestions for the City Council. He read an excerpt from Dr. Martin Luther King's speech "I Have a Dream." Mr. Lymangood said it is his dream that the citizens, employees, and elected leaders of Plymouth would be judged not by the color of false accusations made about them, but by the content of their contributions to the City of Plymouth. Councilmember Black said that she believes each individual is entitled to their view on the supermajority vote issue. She may vote against the proposed amendment when it appears on the ballot, but it is her view that residents deserve the opportunity to vote on the issue. She is concerned about the attitude, tone, and statements in the Mayor's memos of December 2 and December 30 because she believes the correspondence was disrespectful to Mr. Lymangood and potentially disrespectful to City Council members. There have been accusations that the supermajority vote issue has eroded the public trust of the voters. She takes issue with that statement. Several Approved City Council Minutes January 7, 1998 Page 16 candidates placed the supermajority issue on their campaign material because they believed there is already a breach of confidence by the public in local government. One of those reasons is that they feel their taxes, at times, have been increased unduly to pay for programs they do not want. The supermajority issue was proposed to help restore the public's confidence and give them the opportunity to vote on the issue. Councilmember Black said that it is her view that a single issue, such as the proposed supermajority issue, cannot erode public trust. It is the handling of the issue that erodes public trust, i.e. including bickering, bringing in of personal views, emotional discussions, disrespect shown others. She believes that the Mayor's memo of December 2 and letter of December 30 promotes that kind of distrust through its tone and content. She said the December 30 letter stated that not all council members voted in favor of the Pro -Plymouth Pledge. She has reviewed the alternatives discussed by the Council and noted that all versions contain the language, "to be civil to our fellow councilmembers, staff, and citizens by dealing courteously, honestly, and respectfully, and refraining from personal attacks." Even though some members may have not voted for the Pro -Plymouth Pledge, they in effect voted for that language because it was in all proposed versions. She would like a factual presentation on the supermajority issue so the voters have as much information as possible when voting on the issue. She would like an explanation and clarification of certain statements in the Mayor's memos such as "in -your -face intimidation", "silencing my expression of concern," and end run around the Charter Commission." She doesn't know what these comments mean and doesn't believe this was done. The Charter Commission receives notices of the Council meetings, and she asked what additional notice they desire. Mayor Tierney said that some of the statements noted in her memo and letter related to occurrences of the prior City Council. She agrees that it is the handling of an issue that erodes public trust and this has happened to a certain extent on this issue. She is concerned that there is a potential for two conflicting issues to come before the voters, and she believes it is time that the Council and Charter Commission meet to discuss the issue. Mayor Tierney volunteered to privately or publicly meet to discuss past behavior of Councilmembers. She said that the Charter Commission has requested that the Council meet with them. It is not friendly that the City Council has not honored the request or made an adequate response. She believes it is positive that the Council has now agreed to meet with them. Councilmember Spigner said she doesn't believe that the Council has honored the Charter Commission's request to meet with them. She clarified that the Approved City Council Minutes January 7, 1998 Page 17 City Council has set a study session to study the supermajority vote issue, and the Charter Commission is welcome to attend. Assistant Manager Lueckert said it is her understanding that the Council will conduct a study session and the Charter Commission is welcomed and invited to attend. Mayor Tierney said she would be willing to meet with Councilmember Black to review other details in her December 2 and 30 correspondence. Councilmember Spigner said that she would like the Mayor to explain specific issues in her letters with the entire Council. Councilmember Wold said that he is concerned with many issues in the Mayor's letters that are too numerous to discuss at this meeting. He said that the letters accuse him of doing something that was politically -motivated and not policy -motivated, of playing games, and of doing a variety of things that he did not do. He believes that the Mayor made unfounded and unsupported accusations against a former Councilmember. Councilmember Wold asked whether the Council is now going to take an issue that was overwhelming supported by the City Council and play games with it. He said the Mayor compared this Council to the "dark days of the past" when letters were sent to the editor of questionable tone, theme, and fact. However, this has not been recently repeated. Councilmember Wold said the Mayor's memos are disturbing, and he suggested that the Mayor rescind the memos and admit that they were ill-conceived. He stated that Mr. Lymangood asked for a simple apology which the Mayor responded to with another vicious attack against Mr. Lymangood and other former Councilmembers. He is saddened and very concerned where the Council is headed. Mayor Tierney said there is remaining business on the agenda and this issue can be discussed later. Councilmember Wold said he will not relinquish the floor. Mayor Tierney said that when she tried to speak on this issue 1 % years ago, Councilmember Wold strongly spoke up and said that Mayor Tierney was not allowed to speak and that the Council did not want to hear her concerns. She deeply resents that the Council voted to call the question in order to cut off her concerns. She recognized Councilmember Johnson. Councilmember Preus made a point of order. He said that Councilmember Wold has the floor, and the Chair does not have the right to unilaterally take it Approved City Council Minutes January 7, 1998 Page 18 away. The five-minute rule does not apply to Councilmembers, and he requested that Councilmember Wold be allowed to continue his comments without interruption. Mayor Tierney reminded Councilmember Wold that the behavior requested by the Council tonight is the same behavior that she expected of the Council 1'/2 years ago when discussing the supermajority issue. She supports allowing members to fully speak on issues. Councilmember Wold responded that under parliamentary procedure, once a motion has been adopted to call the question, there may be no further discussion. He characterized the Mayor's correspondence as "bashing a former councilmember." Councilmember Johnson said that during her campaign she brought forward a complaint against a former councilmember for a violation of the Pro Plymouth Pledge. She said that everyone makes mistakes, and the Council needs to move on with its business. If Councilmembers want to get into details of a memo, then the issue should be placed on a study session. Councilmember Spigner said that these are good points; however, her main concern is the image that has been placed on the City Council by these memos. She said the Council can place this item on a study session to "cover up" the discussion. She does not want only one or two council members to meet with the Mayor for clarification of the issues when the entire Council and the public need clarification. She said that some of her constituents have read these memos, and they have unanswered questions. She stated that the public does not understand why the Council is bickering on the dais, and she believes that the City Council should review the document under which they have chosen to govern their behavior. Councihnember Johnson stated that her intent was not to cover up issues by placing the discussion on a study session. Mayor Tierney said that she would be willing to meet with some or all Councilmembers to discuss the issues in her memos. She noted that the Council had tabled this agenda item until all Councilmembers could be in attendance. However, the supermajority vote issue came before the City Council when she was not present at the meeting. When she expressed her displeasure that action was taken at a meeting when she, as a representative of the Charter Commission, was not present to participate, she was informed that it was not appropriate for her to be speaking. Approved City Council Minutes January 7, 1998 Page 19 Mayor Tierney said that the accusation that the Charter Commission violated the Open Meeting Law is not correct, and it puts the City in a potentially embarrassing situation. She said this is an internal Council issue, and she took deference from past antagonistic behaviors on the part of some Councilmembers. She said that when a person appears at a meeting with a war book to discuss a divisive issue, it is evidence of what she has been tolerating from a certain councilmember or others. She believes it sends a message. Mayor Tierney called the next agenda item. Councilmember Wold said that he refuses to move on to the next agenda item. He said the Mayor is making innuendo and speaking to the intent of others' behaviors which is a problem and her assumptions are completely inaccurate. He said that it is not his fault that the Mayor wrote these memos, that she mischaracterized this issue and the events surrounding this issue, or that she attacked Mr. Lymangood and the entire City Council. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to suspend the rules by moving to the other items on the agenda, and when those are completed to continue the discussion on this item at this meeting. Motion failed: Johnson and Tierney ayes; Bildsoe, Wold, Preus, Spigner, and Black nays. Motion was made by Councilmember Wold to postpone this issue to the next regular Council meeting. Mayor Tierney ruled that the motion died for lack of a second. Mayor Tierney stated that she will call a special meeting to provide history on this issue. She said there is a lack of understanding about this issue and her feelings, which largely relate to the previous Council. She believes it is counterproductive for this Council to bring up this issue, and she applauds the efforts of this Council for agreeing to meet with the Charter Commission. She called the next agenda item. Councilmember Preus stated that during the past six weeks, Mr. Lymangood has been publicly attacked and unfairly insulted. However, Mr. Lymangood recommended a solution on the last agenda to get a good, positive relationship between the City Council and the Charter Commission. He said that Mr. Lymangood's conduct and statements on this item are peaceful. He has suggested that the Council should stick to the issues and has provided a list of five suggestions for consideration. Approved City Council Minutes January 7, 1998 Page 20 Councilmember Preus stated that Councilmember Black did an excellent job of discussing concerns and asking good questions in a conciliatory manner about the two memos written by the Mayor. He believes that Councilmember Black deserves an answer to her questions tonight. He said that Councilmember Spigner spoke to the public's desire to understand this issue, for the Council to address substantive issues, and to end personal attacks. He believes that the City Council has been incredibly productive during the past three years, and 1998 can be equally as productive. This can be accomplished in a peaceful or combative fashion. He said that Councilmember Black indicated that the Mayor's memos of December 2 and 30 are combative, and he was personally offended by many of the statements which were unfair and untrue. He suggested that the Mayor retract the memos so the Council can move on with its business in a peaceful and productive manner. He said that he had called the Mayor a week ago and asked her to apologize and retract the letters, which would be an honorable and good thing. Mayor Tierney said that she has apologized to Mr. Lymangood for being hasty in writing the first memo. She doesn't know how to retract a memo that she believes contains truthful information. She admits that the memo was written in anger due to frustrations with past behaviors. She doesn't appreciate when the Council is discussing a sensitive issue to have someone declare that "this is going to war." She found that statement offensive. She apologized for typos in the memos and for writing down what she could have said in public. She will call a meeting to discuss it further. Councilmember Black agreed with Councilmember Preus that it is important that the Mayor apologize and move on. She has read all information on the proposed supermajority issue and disagrees that the content of the Mayor's December 2 and 30 memos is fact. She believes that some fact is contained in them, but it is colored by the Mayor's anger and frustration which puts it into the realm of offending Mr. Lymangood, as well as Councilmembers. She said that the Council is not asking the Mayor to apologize for the fact that is contained in the memos. The Council is asking for an apology for the tone and personal perspective that slanted the facts in the memos. Mayor Tierney suggested that if Mr. Lymangood would come forward and state that he is not declaring war on this issue, they could shake hands and declare the issue closed. Councilmember Johnson suggested that the Council act on the five suggestions submitted by Mr. Lymangood. Approved City Council Minutes January 7, 1998 Page 21 Motion was made by Councilmember Johnson, seconded by Councilmember Black, to respectfully request the Plymouth Charter Commission to consider adding at each of its subsequent annual meetings a provision for public input. Motion carried, seven ayes. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-30 REGARDING PREPARATION OF CITY COUNCIL MINUTES. Motion carried, seven ayes. Mayor Tierney asked Mr. Lymangood to come forward to shake hands and put the issue to rest. Councilmember Preus said that Mayor Tierney's proposal that Mr. Lymangood come forward and shake hands is premised on the Mayor's conclusion that Mr. Lymangood declared war. This conclusion was unfairly drawn because Mr. Lymangood had a book with him which has the primary purpose of avoiding war. Councilmember Preus said that Mayor Tierney is now asking Mr. Lymangood to defend himself, giving the impression that he is no longer declaring war. He said these are unfair allegations, and the Mayor should retract the statements and shake Mr. Lymangood's hand. Mayor Tierney said that she did not state Mr. Lymangood was declaring war in her memos, and she had supplied additional information in her correspondence on the book he was carrying. She said that because Mr. Lymangood did not explain why he was behaving in the way he was, she was left to make her own conclusions based on past behaviors. She said that she has been at odds with him in the past, and suggested that it be put in the past now. Councilmember Black said that from reading Mayor Tierney's memo of December 2, she believed that Mayor Tierney was stating that Mr. Lymangood was declaring war, based on the title of the book he was carrying. If that was not Mayor Tierney's intent, it was not clear. Mayor Tierney said that she had not heard why Mr. Lymangood carried this book to the Council study session and, therefore, individuals are left to their own devices to interpret his intent. Councilmember Black said that at the November 12 study session, Mr. Lymangood held up the book and talked about how it referenced avoiding war. Approved City Council Minutes January 7, 1998 Page 22 Mayor Tierney said that when a sensitive issue is being discussed, individuals should show sensitivity toward it. There was not the sensitivity that she would like to have seen at that study session. She asked Mr. Lymangood to address the issue. Mr. Lymangood said that he attended the study session on November 12 and had two books with him. The second book was on composting. He questioned the right of a public official to make an interpretation and put these words in print, when a citizen is silently reading a book. He said that Roberts Rules of Order clearly states that the Council is prohibited from inferring intentions from people's actions and directed to address the issues. He was silently reading a book and never referred to it at that meeting. Mr. Lymangood said that he was bored at the study session, and left for 20 minutes to go for a jog. He said that he was exercising his legal right to tape the meeting, and the City Manager asked for a copy of the tape to help make the meeting minutes. He said that the Mayor wants to shake his hand, but won't publicly apologize for misspelling his name four times. Mayor Tierney apologized for misspelling Mr. Lymangood's name four times. She said it was a hurriedly written memo and that she had earlier apologized to Mr. Lymangood for the misspellings. Mr. Lymangood said that the Mayor placed a document into the public discussion and now believes that a private apologize suffices; however, the public insult remains. He said that if the Mayor would apologize for violating the Pro -Plymouth Pledge and for wrongly inferring intentions, and would commit tonight to deal with the issue and not personalities, he would shake her hand. Mayor Tierney apologized for misspelling Mr. Lymangood's name. She said that the memo was hastily written and that she was very frustrated with a year- long discussion of an issue that she would like resolved, rather than taking time at each Council meeting. She said that she had thought there was a reason that Mr. Lymangood was holding up a book on war, and that he was not just reading it. Mayor Tierney said that she would like to shake his hand because there appears to be a misunderstanding about what that meant. If it meant further problems, it should be openly discussed. She said that she cannot apologize for a misinterpretation of Mr. Lymangood's intent when she knows that it has been part of his conversations for years. She said that she did not know what he meant by his action and apologized if her inference was wrong. Approved City Council Minutes January 7, 1998 Page 23 Councilmember Preus said that the Mayor is wrong and should apologize. He said the Mayor proved she is wrong with her statement that she does not know Mr. Lymangood's intention. Yet, she put the worst conceivable interpretation of his acts. He said that this is not what anyone else wants and asked that the Mayor apologize. Mayor Tierney said that she has apologized. Motion was made by Councilmember Spigner, seconded by Councilmember Black, "Whereas, in light of the content of the Mayor's memo of 12/2/97, the way in which it was presented, and her refusal to publicly apologize to Chuck Lymangood and to the Plymouth City Council, therefore, be it resolved that the Mayor's above referenced actions violate sections 2, 3, 4, and 6 of the Pro Plymouth Pledge." Councilmember Johnson requested copies of the Pro -Plymouth Pledge, which staff distributed. Councilmember Spigner said that this issue may be too imbedded to address tonight, and the Council needs to move ahead to consider other items on the agenda. She said that tonight's meeting is important because the Council will be making appointments to boards and commissions, designating the official newspaper, and acting on other important citizen issues. She personally apologized to the citizens for anything they observed at this meeting and disagreed with or didn't like. She said this was not representative of Plymouth's elected officials. She asked that the Council move on to other issues. Councilmember Johnson stated that it is difficult for her to support the motion because she feels it is uncharted territory. She said that no one has previously brought forward a violation of the Pro Plymouth Pledge; however, past minutes indicate that there have been violations by various council members. She said that she believes someone violated the Pledge against her last year. She brought the issue to the City and nothing happened. She cautioned the Council to be careful and thoughtful before deciding consequences of violating the Pledge. Councilmember Spigner said the Council is just making a statement of fact and moving on. She doesn't believe there are any consequences; it is merely a public statement of fact. Motion carried: Wold, Preus, Spigner, Bildsoe, Black, and Johnson ayes; Tierney nay. Approved City Council Minutes January 7, 1998 Page 24 Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-31 TAPING OF SPECIAL CITY COUNCIL MEETINGS. Motion carried, seven ayes. Councilmember Johnson said that this could be done by audio or video tape. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to direct staff to make copies available free of charge to whomever asks of all three memos, and any other documents deemed appropriate, pertinent to this subject. Motion carried, seven ayes. Item 8-D (6-A) Approve Minutes Councilmember Spigner asked for clarification on the draft minutes of the November 12 Special Council meeting. Manager Johnson explained that discussion on the Wellness Committee proposal has been added to the draft minutes of November 12, submitted by staff for approval by the City Council. Motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to approve the proposed minutes of the November 12 Special Council Meeting, the December 10 Special Council Meeting, and the December 17 Regular Council Meeting as submitted with the January 7 agenda packet. Councilmember Preus made a correction to Page 8 of the December 10 Special Council meeting minutes to reflect the vote on the motion to set the Council conference and travel budget at $4,500. This change was accepted as a friendly amendment to the main motion. Motion carried, seven ayes. Item 8-E (6-Z) Outdoor Mobile Performance Stage Councilmember Preus said that it is his understanding, based on the staff report, that the City previously rented a portable stage from the City of Richfield at the cost of $1,000 per day. This option is no longer available, and the cost of purchasing a stage is estimated at $85,000. He asked if other alternatives were considered, including renting from entities other than the City of Richfield. Approved City Council Minutes January 7, 1998 Page 25 Park Director Blank said that rental of a stage from a commercial establishment would cost at least $1,000 annually. He suggested that it may be appropriate to purchase a portable stage so it could be used for other special events in the City. Mayor Tierney said that the cost of a permanent stage for the amphitheater would be much more. Park Director Blank said there are no monies slated in the Capital Improvements Program for a permanent stage. The cost for a permanent stage would be prohibitive and could not be justified; however, there would be many uses each year for a portable stage. Councilmember Johnson suggested that a portable stage owned by the City could be rented to other groups. Park Director Blank responded that a rental policy could be developed. City Manager Johnson asked if similar stages are available for rent from nearby communities. Park Director Blank was unaware of any stages available for rent from nearby communities that would be large enough to accommodate the Minnesota Orchestra for Music in Plymouth. He believes that a commercially rented stage would be flat, with no background, lighting, or canopy. Councilmember Preus said that he does not support bidding for the purchase of a portable performance stage at this time. He is not opposed to the proposal, but would like to receive more information on the available options before proceeding. Mayor Tierney asked if the Park and Recreation Advisory Commission has discussed this proposal. Councilmember Wold said that this has been discussed by the Park and Recreation Advisory Commission. A portable stage is needed for a variety of events, particularly for Music in Plymouth. He noted that the action requested this evening is only to seek bids; there is no commitment to more forward. Motion was made by Councilmember Wold, seconded by Councilmember Johnson, to adopt RESOLUTION 98-32 APPROVING THE BIDDING OF ONE MOBILE PORTABLE STAGE. Approved City Council Minutes January 7, 1998 Page 26 Motion to amend was made by Councilmember Black to direct staff to provide information on rental options prior to the Council taking any action on the bids. Councilmember Wold accepted this as a friendly amendment to the motion. Councilmember Preus said that he will support the motion because no monies are being committed and other options will be investigated. Motion carried, seven ayes. Item 9-A Designate Official Newspaper Motion was made by Councilmember Wold, seconded by Councilmember Black, to adopt RESOLUTION 98-33 DESIGNATING THE PLYMOUTH SUN SAILOR AS THE CITY OF PLYMOUTH OFFICIAL NEWSPAPER FOR 1998. Motion carried, seven ayes. Item 9-11 Appoint CCRs and Agency Representatives Motion was made by Councilmember Black, seconded by Councilmember Wold, to adopt RESOLUTION 98-34 DESIGNATING APPOINTMENTS FOR 1998 FOR COUNCIL COORDINATING REPRESENTATIVES I iZi , I s7 Y iIZ Z 7ului [I7tF Motion was made by Councilmember Black, seconded by Councilmember Preus, to suspend the rules and set the adjournment time for 10:10 p.m. Motion carried, seven ayes. Assistant Manager Lueckert read the list of proposed appointments. Motion carried, seven ayes. Item 9-C Designate Deputy Mayor Motion was made by Councilmember Spigner, seconded by Councilmember Wold, to adopt RESOLUTION 98-35 APPOINTMENT DEPUTY MAYOR FOR 1998, appointing Christian Preus. Motion carried, seven ayes. Item 9-D Appointments to Boards and Commissions Motion was made by Councilmember Wold, seconded by Councilmember Johnson, to adopt RESOLUTION 98-36 APPOINTING INDIVIDUALS TO FILL VACANT TERMS ON VARIOUS BOARDS AND COMMISSIONS. Approved City Council Minutes January 7, 1998 Page 27 Assistant Manager Lueckert read the list of proposed appointments. Motion carried, seven ayes. Item 9-E Special Notices to Charter Commission Mayor Tierney requested that the City Council direct staff to notify the Charter Commission in advance if any issue relating to the charter is scheduled for a regular city council agenda. Councilmember Wold directed staff to do so. Motion was made by Councilmember Wold, seconded by Councilmember Spigner, to adjourn the meeting at 10:05 p.m. Motion carried, seven ayes. 2"' iz City Clerk