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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. M Wffwj-,_c InV City Clerk