HomeMy WebLinkAboutCity Council Minutes 11-12-1997 SpecialAdopted Minutes
Special City Council Meeting
November 12, 1997
A special meeting of the Plymouth City Council was called to order by Mayor Tierney at
7:00 p.m. in the Public Safety Training Room, 3400 Plymouth Blvd., on November 12, 1997.
COUNCIL PRESENT: Mayor Tierney; Councilmembers Bildsoe, Johnson, Spigner, and
Black. Councilmember Preus arrived at 7:40 p.m.
ABSENT: Councilmember Wold.
CITY STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public
Works Director Moore, Park Director Blank, Finance Director Hahn, Public Safety Director
Gerdes, Community Development Director Hurlburt, City Attorney Knutson, and City Clerk
Ahrens.
Proposed Activity Center
Park Director Blank presented the proposed activity center feasibility report. He
introduced Del Erickson and Bruce Jacobson. Mr. Erickson reviewed the four
alternatives for building the activity center. Three of the proposals are immediately
adjacent to the south wall of the Life Time Fitness facility, and a fourth proposal is
separated from the facility and located halfway between City Hall and the Life Time
Fitness Facility. He reviewed the number of trees that would need to be removed
under each scenario.
Director Blank noted that the staff and subcommittee is uncomfortable with the
amount of tree removal under all scenarios, and there are additional concerns about
parking congestion, difficulty of future building expansion, cost, and inability to have
senior parking near the building. The subcommittee recommended that the consultant
be authorized to review an alternative site on 34`h Avenue, approximately one block
east of City Hall.
MOTION was made by Councilmember Johnson, seconded by Councilmember
Black, to direct staff to negotiate a proposed agreement with the architect to conduct a
feasibility study on the 30 Avenue site, as recommended by staff and the Activity
Center Subcommittee.
Councilmember Spigner said the 34"'' Avenue site would be preferable because it
would allow future building expansion and would eliminate the liability concerns
about a swimming pool located adjacent to an Activity Center.
Adopted City Council Minutes
November 12, 1997
Page 2
Councilmember Bildsoe said he does not support any of the four alternatives because
of the impact on the trees. He supports integrating the school districts into this
project and sending the issue to the voters for approval. He cautioned that traffic may
be difficult at 34`h Avenue and Fernbrook Lane, and at 34`h Avenue and Plymouth
Blvd., if an intense use is added on 34"' Avenue.
Mr. Del Erickson said that analysis of the traffic impacts will be included in the
feasibility study.
Councilmember Spigner noted that School District 284 had indicated an interest in
including a Family Resource Center with the Activity Center. She asked about their
timing on the project. She also asked about coordination between School Districts
281 and 284 on the Family Resource use of the building.
Jim Brandl, District 284 Community Education Director, said that the district could
attempt to extend their lease on the current building or move to a temporary location.
Carol Vanelli, Coordinator of the District 284 Early Childhood Program, said she had
spoken with the District 281 Coordinator. Both districts are interested in space in
Plymouth, and she believes that the districts could work together on the project.
Councilmembers stated that a collaboration project between the two school districts
would be very positive.
A member of the audience noted that the majority of seniors would prefer an Activity
Center location away from the Life Time facility.
Motion carried, five ayes.
Life Time Special Assessments
City Manager Johnson presented the staff report on the financing proposal from Life
Time Fitness. Life Time has requested that an additional amount of $400,000 be
assessed, for a total of $800,000, in consideration of `tenant improvements' they have
made in the Club -Pool complex. This additional assessment was to be in
consideration for additions and improvements they made to the project above and
beyond the scope of the agreement, including the size of the indoor pool area, the size
of the outdoor pool, and the degree of finish in the walkway between the buildings.
Manager Johnson identified a list of items that Life Time is willing to commit in
return for $800,000 of financing beyond the parking lot costs. He said that if the
Council is interested in proceeding, the Council should direct that security equal to a
letter of credit be provided and that additional new public purpose items be identified
and included before final approval is given.
Adopted City Council Minutes
November 12, 1997
Page 3
Attorney Knutson responded to Council questions. He explained that the City owns
the land but holds no mortgage on the building. If the Council wishes to approve the
request, the City and Life Time would enter into an agreement that in exchange for a
specified list of items given to the City by Life Time, the City would give Life Time a
specified amount of money which Life Time would repay to the City in the form of
rent. He advised that the City is not legally obligated to consider extra improvements
already completed by Life Time. The Council must determine that the physical and
contractual improvements bear a reasonable relationship to the amount of financing
requested in order for it to serve a public purpose.
Councilmember Preus arrived at the meeting at 7:40 p.m.
Councilmember Bildsoe asked if the City specifically requested the larger pool sizes
and degree of finish. He questioned whether the City would be getting enough in
relationship to the proposed financing amount.
Manager Johnson responded that the City advised Life Time that staff thought the
pool area, particularly the pool decks, were too small. However, no Council -
authorized requests were made by the City.
Several Councilmembers expressed concern that there was no Life Time
representative present to discuss the issue.
MOTION was made by Councilmember Spigner, seconded by Councilmember Black,
to deny the request of Life Time Fitness and to direct staff to convey a response to
Life Time Fitness along with the reasons for denial.
MOTION to amend was made by Councilmember Johnson, seconded by
Councilmember Bildsoe, to invite Life Time to have a dialogue with the City Council
on this issue.
Councilmember Spigner spoke against the amendment. She said that Life Time can
approach the City with another proposal if desired. Councilmember Preus concurred.
He said that staff can adequately explain the reasons for denial of the request, and
Life Time can decide whether to amend the request.
Councilmember Johnson withdrew her motion to amend.
Motion carried, six ayes.
Wellness Committee Proposal for Employee Fitness Program
Assistant City Manager Lueckert described the Employee Fitness Incentive Program
proposed for 1998. The Wellness Committee proposes to institute an incentive
Adopted City Council Minutes
November 12, 1997
Page 4
program at area fitness facilities to encourage employees to make exercise a regular
part of their daily routine. The incentive will be based on regular employee
attendance at the fitness facility. The program would be instituted on a trial basis
during 1998, and its success and continued funding evaluated during the 1999 budget
process. The estimated first-year cost of the program is $25,000, proposed for
funding from the Risk Management Fund. She said that employees have indicated a
great deal of interest in the program.
Councilmember Johnson asked about the current Wellness Committee/
Pathways budget.
Assistant Manager Lueckert responded that it is $7,000, funded from the Risk
Management Fund. Health Partners has split the cost with the City of providing
many of the wellness programs to employees. Eighty percent of City employees have
participated in some wellness program since its inception.
Councilmember Bildsoe asked if this could be part of the collective bargaining
process. He is hesitant about the public perception of providing this benefit to City
employees.
Assistant Lueckert said that management decided to treat this program similar to the
tuition reimbursement program which is outside of collective bargaining.
Councilmember Johnson asked what standards would be used to evaluate the success
of the program after one year. She also wants to ensure that employees understand
this would be a one-year trial program.
Assistant Lueckert said the number of participants who have followed through with
consistent attendance would be considered. Manager Johnson added that information
received from other cities indicates that a consistent participation rate of 15 to 20
percent would be a success.
In response to a question from Mayor Tierney, Manager Johnson said that the City
spends about $1 million per year on health insurance.
Councilmember Spigner asked if the City has considered allowing the use of sick
leave for physical fitness activities.
Assistant Lueckert explained that employees' annual leave policy does not include a
separate "sick leave" fund.
Councilmember Spigner suggested that employees could choose to use annual leave
Rinds for paying a portion of their health club fees.
Adopted City Council Minutes
November 12, 1997
Page 5
Councilmember Johnson said that she will support the program with a maximum
expenditure on a one-year trial basis because it fits within the Council's goal to
acknowledge City employees.
Councilmember Preus asked if Health Partners would participate in the cost of the
program.
Assistant Manager Lueckert said that Health Partners is not willing to contribute
funds toward the program, and Health Partners has been unsuccessful in obtaining a
corporate membership with LifeTime Fitness.
MOTION was made by Councilmember Johnson, seconded by Council Spigner, to
direct staff to prepare an agenda item for Council consideration to approve the
proposed Employee Fitness Program, with a first-year $25,000 cap, a one-year trial
period to be communicated to employees, and with established standards to be met
after the one-year period. Motion carried, six ayes.
Charter Issues
Assistant City Manager Lueckert explained that during 1996, the Plymouth Charter
Commission and City Council discussed the merits of requiring a supermajority vote
5/7) of the City Council for a tax rate increase. In May 1996 the City Council
adopted Ordinance 96-9 requiring a supermajority vote. The Charter Commission
reviewed the proposed amendment and did not recommend its adoption and
incorporation into the charter. In October 1996, the City Council adopted Resolution
96-555 which places the supermajority amendment on the ballot in November 1998.
She stated that at its October 21, 1997, meeting, the Charter Commission affirmed its
opposition to the amendment in its current form. The Charter Commission adopted a
resolution recommending that the City Council repeal Ordinance 96-9 and Resolution
96-555. In the same resolution, the Charter Commission indicated its willingness to
discuss with the City Council at a joint meeting other options for a supermajority
requirement should the Council be interested in such discussions. The Charter
Commission has invited the City Council to meet with them at their annual meeting
on December 2, 1997.
Mayor Tierney verified that the Charter Commission does not support the
supermajority vote requirement for a tax rate increase. She encouraged the City
Council to meet with the Charter Commission to discuss the issue, and noted that
there are several new Councilmembers and Charter Commission members since this
issue was addressed. She said that in the fall of 1996, the City Council was prepared
to back away from the requirement, but made no subsequent change.
Adopted City Council Minutes
November 12, 1997
Page 6
Councilmember Johnson asked the City Attorney to comment on what would occur if
the Charter Commission proposed an alternate question for the 1998 ballot. She
believes it would be preferable to have one question go to the voters.
Attorney Knutson said that the two questions would both be placed on the ballot.
There could be a problem if the questions are contradictory and both are adopted.
Councilmember Preus said that the City Council considered all possible options in
1996 and decided to put the supermajority question forward to the voters in 1998. He
said it is not true that the City Council was unsure about the amendment a year ago,
as stated by the Mayor. He sees no reason to go through the discussion process again.
The Charter Commission can proceed as they see fit.
Mayor Tierney said that in the fall of 1996, she received a phone call from (former)
Councilmember Lymangood indicating that the Council was establishing a special
meeting to discuss other options. She believes there was a move by the City Council
to rescind its action because there was discussion of calling a Charter Commission
meeting if the Council was willing to reconsider the issue. However, the Council
made no change. Mayor Tierney said the Council can either repeal the ordinance or
meet with the Charter Commission to discuss the issue further.
Councilmember Spigner said the Council has a third option to take no action and
allow the question to be voted on the November 1998 ballot.
Mayor Tierney said that there are times when the Charter Commission may not be
acting in a way that the City Council would like, but that is why she suggests a joint
meeting. She believes that a supermajority vote requirement could negatively impact
the City's bond rating, and that the City Council is forcing the issue.
Motion was made by Councilmember Johnson, seconded by Councilmember Spigner,
to meet with the Charter Commission on December 2 for discussion of the
supermajority vote issue if the meeting is televised and open to the public.
Councilmember Johnson said, as a new Councilmember, she would be interested in
participating in a discussion on the issue. If the issue is put before the voters, she
would like to have input.
Councilmember Spigner said that she does not want to take away anyone's right to
vote on the issue. She believes the issue should remain on the 1998 ballot for a
decision by the voters.
Adopted City Council Minutes
November 12, 1997
Page 7
Councilmember Preus said it is unfair to say that the City Council is forcing this
issue. It is up to the voters to approve or deny it. He believes that a meeting with the
City Council and Charter Commission will result in a lengthy debate.
Mayor Tierney said that she will have a major concern if the Charter Commission
proposes another question for the ballot.
Councilmember Spigner asked if Mayor Tierney was speaking as a City Council or
Charter Commission member.
Mayor Tierney responded, "both".
Councilmember Black asked why the Charter Commission would want to propose a
question if it will put the City in a situation of having two conflicting questions on the
ballot. The City Council gave the Charter Commission an opportunity to act with
them. Now the Charter Commission is considering placing alternate language on the
ballot because they don't like the action taken by the Council.
Assistant Manager Lueckert stated that the Charter Commission has taken no official
action to place anything on the ballot.
Councilmember Johnson said she values the opinion of the Charter Commission, and
she would like an opportunity to participate in the discussion.
Mayor Tierney said the Charter Commission would like the opinion of this City
Council on the ballot language.
Manager Johnson said there are three new Councilmembers and five new Charter
Commission members since the issue was addressed in 1996. In addition, the State
has completely rewritten the tax laws.
Councilmember Preus said he would be unable to attend the December 2 meeting. He
supports Councilmember Johnson's intent, but won't support the motion because of
the comments made by the Mayor.
Councilmember Johnson reminded the Council that the request for a joint meeting
came from the Charter Commission. The Charter Commission would like to know
how this Council feels about the proposed amendment. She said there is a potential
of two competing ballot questions, and she believes that dialogue could resolve the
issue. She asked the City Attorney to comment.
Attorney Knutson responded that one ballot question could require a 5/7 vote and
another a different percentage vote, and both questions could pass.
Adopted City Council Minutes
November 12, 1997
Page 8
Mayor Tierney said there is no case law on what happens if two conflicting Charter
amendments pass.
Councilmember Preus asked Attorney Knutson to speak further to the issue.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson,
to call the question. Motion failed: Johnson, Bildsoe, and Spigner ayes; Black, Preus
and Tierney nays.
Chuck Lymangood addressed the Council. He said the Mayor's characterizations of
what occurred last fall are false. There was no movement on the part of the Council
to soften the proposed amendment. He suggested that someone should ask the City
Attorney to respond to the question asked by Councilmember Preus of which
language would prevail if two conflicting ballot questions are adopted.
Mayor Tierney said that former Councilmember Lymangood had informed her that a
different motion was being considered to address the supermajority vote issue and
asked whether the Charter Commission would meet. She said that this left her with
the impression that the question for the ballot may change from the one initially
proposed by the Council. She asked Attorney Knutson to comment on which
language would prevail if two conflicting ballot questions are adopted.
Attorney Knutson said that he is unsure that the most restrictive would apply and
further research is needed. He is aware of no court decisions on this issue.
Mayor Tierney expressed concern about dueling amendments that could get tied up in
the courts.
Councilmember Black said that she has not changed her opinion on this issue. She
feels there is no need to meet with the Charter Commission. When the amendment
appears on the 1998 ballot, she may vote against it, but she believes that the voters
have a right to vote on the issue. She is hopeful that there will be good debate on the
issue prior to the election, including a League of Women Voter forum, so that voters
can make an informed decision. She encouraged other Councilmembers to meet with
the Charter Commission if they wish to do so.
Councilmember Spigner said that individual members can attend the meeting, but she
does not wish to accept the invitation to meet as a full Council.
Councilmember Johnson suggested that the City Council could also hold a study
session with former Councilmembers in attendance to discuss the merits of the
proposal.
Adopted City Council Minutes
November 12, 1997
Page 9
Councilmember Preus supported a study session, but would not want it to interfere
with other priorities of the City. He suggested the study session be held during the
first quarter 1998.
Mayor Tierney said it should be held as early in January as possible.
Councilmember Preus asked the City Attorney to comment on the Mayor's status
when attending a Charter Commission meeting.
Attorney Knutson said the conservative answer is that she is there in both capacities.
Councilmember Johnson withdrew her motion.
Motion was made by Councilmember Johnson, seconded by Councilmember Spigner,
that the City Council discuss with former Councilmembers the supermajority vote
issue in a study session the first quarter 1998.
Councilmember Spigner noted that if individual Councilmembers wished to attend
the December 2 Charter Commission meeting they were free to do so, but not as
representatives of the entire Council.
Motion carried, six ayes.
Stop Sign/Speed Humps Policy
Public Works Director Moore presented the staff report on an "All -Way" Stop Sign
Policy. Staff believes there is merit is considering the City of Lakeville Policy.
MOTION was made by Councilmember Preus, seconded by Councilmember
Johnson, to direct staff to conduct the analysis on a recommendation for an "All -
Way" stop for Zircon Lane, Valley Forge Lane, and the Cottonwood/471b intersection
using the criteria established in the City of Lakeville policy.
Councilmember Bildsoe said that the Lakeville policy is a good place to start. The
policy is objective, yet takes many variables into account.
Motion carried, six ayes.
Mayor Tierney said that if the City is going to use speed humps, then the Council
should adopt a policy for their placement.
Adopted City Council Minutes
November 12, 1997
Page 10
Manager Johnson stated that a policy would be advisable if the Council intends to
frequently approve speed humps. If they will be used only rarely, it would be
difficult to establish a uniform policy.
Staff was requested to research other jurisdictions that may have speed hump policies.
Robert Hall represented the Gleason Lake Drive Association. He requested that the
Council implement five requests that were presented at the Plymouth Forum on
October 15 in order to improve traffic on Gleason Lake Drive. He asked that the
Council adopt an ordinance to restrict all trucks with axle weight of 3,000 pounds or
more from passing through Gleason Lake Drive between Carlson Parkway and
Vicksburg Lane.
Director Moore said that staff is researching the requests from the Gleason Lake
Drive Association and the matter will likely be considered on the December 17
agenda.
MOTION was made by Councilmember Preus, seconded by Councilmember Black,
to direct staff to study the issue of speed humps, to review policies from other
communities and to make a recommendation to the Council. Councilmember Preus
said it is his view that speed humps should be used in the most limited situations, if at
all, in the future.
Councilmember Black said that residents have requested an increased number of
speed limit signs. The signs are often right at an intersection, and a motorist cannot
see them.
Manager Johnson said the signs are placed near the intersection for enforcement
purposes.
Mayor Tierney said the Mayor of Medicine Lake is interested in removal of the speed
hump near the former Flying Tiger business.
Motion carried, six ayes.
Discuss Ways to Encourage Special Assessment Payments
Councilmember Bildsoe said that he had reviewed the report on the possibility of
publishing the listing of delinquent utility customers in an effort to reduce the volume
of delinquencies. He agrees with staff that this should not be pursued further.
Adopted City Council Minutes
November 12, 1997
Page 11
Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to
adjourn the meeting at 9:35 p.m. Motion carried, six ayes.
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