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HomeMy WebLinkAboutCity Council Minutes 01-23-1996MINUTES REGULAR COUNCIL MEETING JANUARY 23, 1996 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 23, 1996. PRESENT: Mayor Tierney; Councilmembers Wold, Lymangood, Preus, Granath, Black, and Anderson. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Finance Director Hahn, Park Director Blank, City Attorney Knutson and City Clerk Ahrens. ITEM 3 FORUM No one appeared for the Plymouth Forum. ITEM 4 PRESENTATIONS Mayor Tierney announced that the City would be offering special hours at the yard waste site on January 27 for drop off of tree limbs. Mayor Tierney welcomed Scout Troop 537 from Plymouth Creek Elementary School. Councilmember Lymangood presented a letter from Michael Ricci, Jr., president of the New Hope -Plymouth Athletic Association supporting the proposed recreational facilities. Mr. Ricci indicated that Plymouth is one of four communities in the state to receive Mighty Duck grant funds and the City should take advantage of this funding. He noted that Plymouth is the largest city in the state without a municipal ice rink, and Plymouth children must travel all over the Twin Cities for ice time. His letter concluded that the City staff has secured additional external funding for ice facilities that the City Council should take advantage of at this time. ITEM 5 APPROVE AGENDA Councilmember Black requested that a status report on the nuisance noise ordinance be added to the agenda as Item 9-C. Regular Council Meeting January 23, 1996 Page 2 MOTION was made by Councilmember Lymangood, seconded by Councilmember Black, to approve the agenda as amended. Motion carried, seven ayes. State Representative Abrams addressed the City Council. He stated that the Plymouth grant application for Mighty Duck funds was the best submitted in the state, and Plymouth was awarded a $250,000 grant. He presented Mayor Tierney with a certificate of grant award. City Manager Johnson recognized Park Director Blank who did much of the coordination work with the school districts and the City of Wayzata in preparing the grant application. ITEM 6 CONSENT AGENDA Items 6-C, 6-D, 6-E, and 6-T were removed from the consent agenda. The approval of minutes of the November 27, 1995, Special Council Meeting was removed from the consent agenda. MOTION was made by Councilmember Anderson, seconded by Councilmember Preus, to approve the Consent Agenda as amended. Motion carried, seven ayes. ITEM 6-A APPROVE CITY COUNCIL MINUTES MOTION was made by Councilmember Anderson, seconded by Councilmember Preus, to approve the minutes of the Regular Council Meeting of January 9, 1996. Motion carried, seven ayes. ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Councilmember Anderson, seconded by Councilmember Preus, to adopt RESOLUTION 96-40 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING JANUARY 12, 1996. Motion carried, seven ayes. ITEM 6-F ESTABLISH SPECIAL COUNCIL MEETING MOTION was made by Councilmember Anderson, seconded by Councilmember Preus, to adopt RESOLUTION 96-41 SETTING SPECIAL MEETING FOR FEBRUARY 7,1996, TO CANVASS RESULTS OF SPECIAL ELECTION AND TO DISCUSS THE OPEN MEETING LAW. Motion carried, seven ayes. Regular Council Meeting January 23, 1996 Page 3 ITEM 6-G ESTABLISH SPECIAL COUNCIL MEETING TO SET COUNCIL GOALS AND OBJECTIVES MOTION was made by Councilmember Anderson, seconded by Councilmember Preus, to adopt RESOLUTION 96-42 ESTABLISHING FEBRUARY 12, 1996, AS A SPECIAL COUNCIL MEETING TO SET COUNCIL GOALS AND OBJECTIVES. Motion carried, seven ayes. ITEM 6-H ADOPT ORDINANCE AMENDING CITY CODE PERTAINING TO REGULAR CITY COUNCIL MEETINGS MOTION was made by Councilmember Anderson, seconded by Councilmember Preus, to adopt ORDINANCE 96-1 AMENDING THE PLYMOUTH CITY CODE SECTION 200.01, PERTAINING TO REGULAR CITY COUNCIL MEETINGS. Motion carried, seven ayes. ITEM 6-I APPROVE PUD, PRELIMINARY PLAN AMENDMENT, AND C.U.P. FOR NORTHWEST BUSINESS CAMPUS 11TH ADDITION. CALIBER DEVELOPMENT (95131) MOTION was made by Councilmember Anderson, seconded by Councilmember Preus, to adopt RESOLUTION 96-43 APPROVING MPUD PRELIMINARY PLAN AMENDMENT, CONDITIONAL USE PERMIT, FINAL PLAN, AND FINAL PLAT FOR CALIBER DEVELOPMENT FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF NORTHWEST BOULEVARD AND XENIUM LANE (95131). Motion carried, seven ayes. ITEM 6-J APPROVE FINAL PLAT FOR SAVANNAH 2ND ADDITION. LUNDGREN BROTHERS CONSTRUCTION (95021) MOTION was made by Councilmember Anderson, seconded by Councilmember Preus, to adopt RESOLUTION 96-44 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR LUNDGREN BROTHERS CONSTRUCTION COMPANY FOR "SAVANNAH 2ND ADDITION" LOCATED SOUTH OF SCHMIDT LAKE ROAD AND EAST OF FERNBROOK LANE (95021). Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Preus, to adopt RESOLUTION 96-45 ADOPTING ASSESSMENTS, CITY PROJECT NO. 603, SANITARY SEWER AND WATERMAIN AREA, SAVANNAH 2ND ADDITION. Motion carried, seven ayes. Regular Council Meeting January 23, 1996 Page 4 ITEM 6-K RENEW STATE CONTRACT FOR RADIOLOGICAL RESPONSE MOTION was made by Councilmember Anderson, seconded by Councilmember Preus, to adopt RESOLUTION 96-46 RENEWING STATE CONTRACT FOR RADIOLOGICAL RESPONSE. Motion carried, seven ayes. ITEM 6-L RENEW MAINTENANCE CONTRACT FOR OPTICAL SCAN VOTING EOUIPMENT MOTION was made by Councilmember Anderson, seconded by Councilmember Preus, to adopt RESOLUTION 96-47 RENEWING MAINTENANCE AGREEMENT FOR OPTICAL SCAN VOTING EQUIPMENT. Motion carried, seven ayes. ITEM 6-M APPROVE REDUCTION OF DEVELOPMENT CONTRACT FINANCIAL GUARANTEES MOTION was made by Councilmember Anderson, seconded by Councilmember Preus, to adopt RESOLUTION 96-48 REDUCING REQUIRED FINANCIAL GUARANTEE, FRENCH RIDGE PARK ADDITION (94159). Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Preus, to adopt RESOLUTION 96-49 REDUCING REQUIRED FINANCIAL GUARANTEE, NANTERRE ADDITION (94093). Motion carried, seven ayes. ITEM 6-N APPROVE FINAL PAYMENTS MOTION was made by Councilmember Anderson, seconded by Councilmember Preus, to adopt RESOLUTION 96-50 REQUEST FOR PAYMENT NO.9 AND FINAL, TRUNK HIGHWAY 55 NORTH FRONTAGE ROAD/SOUTH SHORE DRIVE IMPROVEMENTS, CITY PROJECT NO. 406. Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Preus, to adopt RESOLUTION 96-51 REQUEST FOR PAYMENT NO. 14 AND FINAL, SCHMIDT LAKE ROAD/FERNBROOK LANE, CITY PROJECT NO. 213. Motion carried, seven ayes. Regular Council Meeting January 23, 1996 Page 5 ITEM 6-0 APPROVE CHANGE ORDERS TO IMPROVEMENT PROJECT CONTRACTS MOTION was made by Councilmember Anderson, seconded by Councilmember Preus, to adopt RESOLUTION 96-52 APPROVING CHANGE ORDER NO. 1, TRUNK HIGHWAY 55 NORTH FRONTAGE ROAD/SOUTH SHORE DRIVE, CITY PROJECT NO. 406. Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Preus, to adopt RESOLUTION 96-53 APPROVING CHANGE ORDER NO. 2, SCHMIDT LAKE ROAD, CITY PROJECT NO. 213. Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Preus, to adopt RESOLUTION 96-54 APPROVING CHANGE ORDER NO'S. 3 AND 4, WEST MEDICINE LAKE PARK IMPROVEMENTS - PHASE 1, CITY PROJECT NO. 330. Motion carried, seven ayes. ITEM 6-P APPROVE CIGARETTE LICENSES MOTION was made by Councilmember Anderson, seconded by Councilmember Preus, to adopt RESOLUTION 96-55 APPROVING 1996 CIGARETTE LICENSE APPLICATIONS. Motion carried, seven ayes. ITEM 6-0 APPROVE PUBLIC PROJECT CLOSE-OUT REPORT MOTION was made by Councilmember Anderson, seconded by Councilmember Preus, to adopt RESOLUTION 96-56 APPROVING THE CLOSING OF PROJECTS AND TRANSFER OF FUNDS. Motion carried, seven ayes. ITEM 6-R APPROVE AMENDMENT TO PERSONNEL POLICY REGARDING HOLIDAYS MOTION was made by Councilmember Anderson, seconded by Councilmember Preus, to adopt RESOLUTION 96-57 AMENDING THE CITY OF PLYMOUTH PERSONNEL POLICY REGARDING HOLIDAYS. Motion carried, seven ayes. Regular Council Meeting January 23, 1996 Page 6 ITEM 6-S ACCEPT ANNUAL REPORT AND WORK PLAN FOR ENVIRONMENTAL QUALITY COMMITTEE MOTION was made by Councilmember Anderson, seconded by Councilmember Preus, to accept the 1995 annual report and approve the 1996 work plan for the Environmental Quality Committee. Motion carried, seven ayes. ITEM 8-A APPOINT BOARD AND COMMISSION MEMBERS Assistant City Manager Lueckert presented the recommendations of the Council subcommittee on appointment of board and commission members. MOTION was made by Councilmember Wold, seconded by Councilmember Preus, to adopt RESOLUTION 96-58 APPOINTING INDIVIDUALS TO FILL VACANT TERMS ON VARIOUS BOARDS AND COMMISSIONS. Councilmember Preus commented that as a member of the subcommittee, he felt that there were a number of qualified applicants for each of the available positions. Mayor Tierney stated that in the past the City Council has often appointed a Councilmember to the Housing and Redevelopment Authority. Since there is no current Councilmember serving on the HRA, she suggested that Councilmember Black serve as council coordinating representative to the HRA. Councilmember Wold accepted this as a friendly amendment to his motion, and requested that the question be called. Motion carried, seven ayes. Assistant Manager Lueckert stated that the Council subcommittee proposed alternative resolutions for consideration by the Council for appointments to the Planning Commission. MOTION was made by Councilmember Black, seconded by Councilmember Granath, to adopt RESOLUTION 96-59 APPOINTING INDIVIDUALS TO FILL VACANT TERMS ON THE PLANNING COMMISSION, APPOINTING JOHN STOEBNER, SAUNDRA SPIGNER, ROGER BERKOWITZ, TIMOTHY BILDSOE, AND JEFFREY THOMPSON. Mayor Tierney stated that these are all good applicants, but she is concerned with an overall lack of experience on the Planning Commission and would prefer the alternative resolution. Councilmember Preus stated that the selection process for planning commissioners was more difficult than for other commissions because there were so many qualified candidates. He is supportive of all individuals listed Regular Council Meeting January 23, 1996 Page 7 in the proposed motion, but will vote against the motion because he believes the alternative resolution is preferable. Motion carried, five ayes; Preus and Tierney nays. ITEM 8-B APPROVE COMPREHENSIVE PLAN AMENDMENT TO THE LAND USE GUIDE PLAN ELEMENT FOR PLYMOUTH CITY CENTER DOWNTOWN PLYMOUTH) Community Development Director Hurlburt presented the staff report on the proposed comprehensive plan amendment to the land use guide plan element for Plymouth City Center (Downtown Plymouth) located east of Vicksburg Lane between County Road 9 and Highway 55. She explained that the City Council began this process in January, 1995. An area designated as "Downtown Plymouth" has been designated for a number of years in the City's Comprehensive Plan. This area has been planned and zoned for a variety of commercial, residential, and public uses. Streets and utilities have been in place for some time, but the area has not developed into the focal point for commercial and civic activities that was envisioned. Director Hurlburt explained the existing uses in Downtown Plymouth and stated that parcels have developed as freestanding sites, with little relationship among them. The Hoisington Koegler Group was hired to assist with developing a concept plan and design guidelines for the area. A subcommittee worked closely with staff, planning commissioners, residents, and landowners of the area to create a vision for Downtown Plymouth. The Planning Commission held a public hearing on the plan and unanimously recommended approval. She recommended that the City Council approve the plan contingent on Metropolitan Council review. She stated that the Metropolitan Council views this as a minor amendment to the comprehensive plan. She stated that the Planning Commission will hold a public hearing on February 13 on the proposed zoning text and map amendments needed to adopt the plan. Community Development Director Hurlburt presented a letter received from Carlson Companies requesting that they be given additional time to work with staff on an alternative road alignment impacting property at 35th Avenue and Vicksburg Lane. Director Hurlburt recommended that it is not necessary to delay approval of the plan in order to do so. The plan does not preclude the staff from looking at alignment alternatives. Michael Schroeder, Hoisington Koegler Group Inc., stated that this plan involved business owners, residents, a City Council subcommittee, and outside consultants. He clarified that this is not the development plan, but rather a concept plan. The plan orients to the streets in the center of the area - not to the parking lots that are tucked out of the prime view of the streets. He stated that pulling buildings to the street will create a greater sense of density, and uses are proposed to give the Regular Council Meeting January 23, 1996 Page 8 center an atmosphere of business and activity. The goal is to have people in the center and active at all times of day and evening. He stated that the public uses and entertainment retail areas have a strong role. Circulation within the center was considered from two levels - vehicular and pedestrian. A strong pedestrian orientation is proposed north and south throughout the blocks. Mr. Schroeder stated that this plan deals with patterns and relationships among the uses, rather than the exact building footprints. The plan tries to develop a pattern of development that makes sense for the city center, recognizing that it will change over time. Mayor Tierney asked about the design element of flat roofs. Mr. Schroeder stated that it is desirable to develop a relationship between buildings and building forms without having all buildings look the same. He noted that most commercial buildings have flat roofs, and it is important to look at how similar styles of roofs establish the character for the area. He recommended that the City avoid franchise architecture where dominant roofs are common. Councilmember Preus stated that many of the area landowners have legitimate concerns because this land has been vacant for many years. They also have concerns that the land still won't be marketable under the new plan, particularly the area designated for office/tech use. He questioned whether a detailed market study should be conducted in order to determine the potential success of the plan. Mr. Schroeder stated that a full market study was not conducted for development of the plan. However, broad market patterns for the northwest sector were considered. He noted that the office/tech uses offer options for developing a wider range of uses than could be done under the previous plan. Community Development Director Hurlburt showed a preliminary proposed zoning map for the area. She noted that the map shows public areas, entertainment areas, office/tech areas, and retail. She stated that the City's pure office zoning is very limited. The new office/tech language would give a fuller range of options. She emphasized that the plan does not attempt to designate what use is allowed on a particular site as much as how the use integrates with others in the area. The use can have flexibility if the design guidelines and concept plan goals are met. Councilmember Wold noted that many signalized intersections are proposed in the plan and asked if staff is comfortable with the impact this plan would have on the surrounding road system. Public Works Director Moore stated that the plan does not differ from the original traffic proposals for the area. All of the traffic studies show there is a need for a six -lane facility at Highway 55 and Vicksburg Lane. The need and demand are there, but unless the State can fulfill the need, it will be a very congested roadway. Regular Council Meeting January 23, 1996 Page 9 Ken Streeter, 13100 35th Avenue North, stated that it is his understanding that under the proposed plan he can still construct a free-standing building, but must have a pedestrian emphasis in order to maintain the integrity of the plan. He is interested in continuing to pursue construction of a free-standing restaurant, and noted that this use will particularly be needed with the recreational uses proposed in the area. Community Development Director Hurlburt stated that this plan discourages drive- through businesses of any kind, but encourages sit-down restaurants or other uses that could serve the entertainment uses in the area. The draft zoning ordinance would allow sit-down restaurants as conditional uses. The plan encourages parking on the Highway 55 side and outer edges of the plan, rather than in the interior areas. She stated that the buildings must have a good appearance on all four sides. Jim Guddal, 4465 Vicksburg Lane, represented a number of property owners in the area. He had submitted written comments to the Planning Commission, and thanked the Council for allowing landowners to be involved in the process. Mr. Guddal, expressed concerns about the proposed use matrix and believes more work needs to be done to perfect the proposed uses. Mr. Guddal also addressed the market research issue, noting that the data in the current report is eight years old. If the broadest uses are allowed under the office/tech area, then his concerns are lessened. He also addressed the proposed pedestrian environment and stated that Minnesota is not a walking retail environment. He suggested that the Council consider deletion of the walkway as consumers don't walk long distances to purchase their goods and services. Mr. Guddal said it is his understanding that fences would no longer be permitted around the water ponds. He stated that if walkways are built along the water ponds, geese will be a problem and asked if the City is prepared to provide cleanup. He asked that the Council consider flexibility from the flat roof mandate currently proposed in the plan. He doesn't believe that developers should be required to build structures that are not attractive from a market perspective in order to meet the plan. Community Development Director Hurlburt responded to Mr. Guddal's comments. She stated that the use matrix is not yet final. She noted that a 1995 market analysis was included in the information provided to the City Council, and stated that more market study was done for this planning process than would normally be done for a comprehensive plan amendment. She hopes that the plan allows flexibility to respond to the market. Director Hurlburt explained that one of the concepts of the plan is that NURP ponds would become focal points where pedestrian uses could be built interior to the project. There is a need for pedestrian circulation between buildings, and appropriate landscaping and slopes can impact geese control. She stated that good pedestrian crossings at the intersections are Regular Council Meeting January 23, 1996 Page 10 included in the plan. No pedestrian bridges are suggested, nor would they be required based on the concept plan. She stated that an attractive building can be designed with a flat roof and commercial buildings generally have flat roofs. If there is a reason that a particular building needs a sloped roof, that can be considered. She emphasized that this plan does not specify building materials, but rather allows flexibility. Councilmember Preus stated that a flat roof mandate may be limiting to an architect that is particularly creative. He stated the City needs to have a minimum requirement, but he would like the ability to consider alternatives that may not currently be anticipated. Community Development Director Hurlburt stated that an applicant could conceivably show that a particular design fits the plan and is better than a flat roof. The process for considering these alternatives would be included with the zoning ordinance amendment language in the next step of the process. In response to questions by Councilmember Lymangood, Public Safety Director Gerdes stated that the geese relocation program has been positive and successful. If a particular area becomes a problem, it could be added to the relocation list. Councilmember Lymangood added that the City has learned of ways to reduce geese near pond areas. He believes that the combination of NURP areas and walkways is a novel idea and will be an asset to the plan. Brad Lis, Carlson Real Estate, supported the concept plan. He has concerns with specific proposed zoning near Cub Foods which would be addressed at a future meeting. Jack Day, 11150 Pheasant Lane, stated he does not agree with the market study findings and believes that retail uses would be better that office/tech classifications, particularly for the parcels abutting Vicksburg Lane. MOTION was made by Councilmember Lymangood, seconded by Councilmember Black, to adopt RESOLUTION 96-60 APPROVING AMENDMENT TO PAGE 31 OF LAND USE GUIDE PLAN TO ADOPT THE CONCEPT PLAN AND DESIGN GUIDELINES FOR CITY CENTER (95125). Motion carried, seven ayes. ITEM 8-C (6-E) APPROVE LABOR AGREEMENT WITH AFSCME UNIT 3839 Councilmember Granath mentioned that he was contacted by Mr. Pouliot, an employee who has concerns relating to this proposed labor contract. Regular Council Meeting January 23, 1996 Page 11 MOTION was made by Councilmember Granath, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-61 APPROVING THE LABOR AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND PLYMOUTH CLERICAL, TECHNICAL, AND PROFESSIONAL EMPLOYEES, REPRESENTED BY AFSCME, COUNCIL 14, LOCAL 3839 FOR THE CALENDAR YEARS 1996 AND 1997. Motion carried, seven ayes. ITEM 8-D (6-C) AWARD BID OF TREE AND STUMP REMOVAL CONTRACT Councilmember Lymangood brought to the Council's attention that nine companies were supplied with specifications for 1996 public tree and stump removal; however, only one bid was received by the City. He would like to see more than one bid received because it is difficult to make a decision on whether the amount is reasonable based on a single bid. He noted that the next Council item relating to 1996 street tree trimming is the same situation where only two bids were received. Park Director Blank stated that the City is required to follow state bidding laws and City bidding policies. The advertisement for bids was published in the official newspaper. He believes that the bid submitted is so low that the other vendors feel that they could not compete. Councilmember Lymangood suggested that the resolutions could contain the clause indicating that an advertisement for bids was published in the official newspaper. Councilmember Anderson stated that Councilmember Lymangood previously has raised the issue that the City's list of consultants is at least two years old. He said that the City has an established list of vendors to whom specifications are submitted, and the City may be skewing the results. MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to adopt RESOLUTION 96-62 APPROVING 1996 PUBLIC TREE AND STUMP REMOVAL CONTRACT. Motion carried, six ayes; Lymangood nay. ITEM 8-E (6-D) 1996 STREET TREE TRIMMING CONTRACT MOTION was made by Councilmember Lymangood, seconded by Councilmember Granath, to adopt RESOLUTION 96-63 APPROVING 1996 STREET TREE TRIMMING CONTRACT. Motion carried, six ayes; Lymangood nay. Regular Council Meeting January 23, 1996 Page 12 ITEM 9-A APPOINT CITY COUNCIL SUBCOMMITTEE ON COMMUNITY POLICING Public Safety Director Gerdes stated that Councilmembers have expressed an interest in establishing some type ofjoint policing committee with staff and citizen involvement. In an effort to address concerns of the community as a whole, the Public Safety Department has created an internal community policing committee made up of representatives from each division of the department. Staff proposes the establishment of a broader subcommittee on community policing. This subcommittee could deal with any number of public safety issues which are of interest to the community, the Council, or staff and would be able to bring issues to the attention of the entire Council and community. He recommended that the City Council establish a subcommittee on community policing with membership to include two or three Councilmembers, two citizens, the City Manager or his designee, the Chief of Police and three members of the Police Department. He noted that the three Police Department members could rotate based on issues currently under discussion. Mayor Tierney suggested that there may be ways to include members of the Plymouth Human Rights Commission or the Interfaith outreach group "Connect" on the subcommittee. Councilmember Wold stated that last fall he attended a meeting in School District 284 to address alcohol and drug abuse in the district. He and other Council candidates met to develop a way to specifically address concerns expressed at that community event. He fully supports a community policing subcommittee and believes it is important to receive information directly from the police officers in order to jointly develop solutions. H suggested selecting citizens for the subcommittee from the board and commission applications. MOTION was made by Councilmember Wold, seconded by Councilmember Preus, to establish a subcommittee on community policing with membership to include Councilmembers Wold, Preus, and Granath; two citizens; the City Manager or his designee; the Chief of Police; and three members of the police department. Motion to amend was made by Councilmember Lymangood, that the subcommittee make a recommendation to the City Council on the process to fill the citizen appointments. Councilmember Wold accepted this as a friendly amendment to his motion. Motion carried, seven ayes. Regular Council Meeting January 23, 1996 Page 13 ITEM 9-B -1 ESTABLISH COUNCIL SUBCOMMITTEE TO CONSIDER CHANGES TO CITY CODE SECTION 200.23, ATTENDANCE AT COUNCIL MEETINGS MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to adopt RESOLUTION 96-64 ESTABLISH A COUNCIL SUBCOMMITTEE TO CONSIDER CHANGES TO CITY CODE SECTION 200.23, ATTENDANCE AT COUNCIL MEETINGS. Mayor Tierney and Councilmember Lymangood indicated they would be willing to serve on this subcommittee. Councilmember Anderson stated that it is appropriate to have City staff on the subcommittee, but questioned whether Councilmembers should be involved. He noted that the subcommittee could be recommending changes in the City Code that would impact Councilmembers. Mayor Tierney recommended that City Clerk Ahrens and Finance Director Hahn be appointed to the subcommittee. She also recommended Councilmember Preus serve on the subcommittee. Councilmember Preus stated he would be happy to serve; however, he is not convinced that any change in the ordinance is needed. He believes that some of the previous problems have been addressed by amending the process by which Councilmember paychecks are issued. Mayor Tierney stated that she believes the existing ordinance is inadequate and that changes are needed. Councilmember Granath volunteered to also serve on the sub -committee. Mayor Tierney clarified that the motion includes the appointment of herself, Councilmember Preus, Councilmember Granath, Councilmember Lymangood, City Clerk Ahrens, and Finance Director Hahn to the subcommittee. MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to move the previous question. Motion carried, seven ayes. Main motion carried: five ayes; Anderson and Wold nays. ITEM 9-B-2 LETTER TO FORMER COUNCILMEMBER HELLIWELL ON DECEMBER PAY CHECK Mayor Tierney stated that Manager Johnson has prepared a proposed letter to former Councilmember Carole Helliwell requesting return of the amount of her December pay check. She stated that the draft letter cites the ordinance and asks for voluntary compliance with its intent, while acknowledging the legal uncertainties involved. She presented a proposed alternative to that letter, and noted that Councilmember Anderson has also prepared an alternative letter for consideration by the Council. The Council reviewed the three alternatives. Regular Council Meeting January 23, 1996 Page 14 MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to approve the letter alternative prepared by Councilmember Anderson for mailing to former Councilmember Carole Helliwell. Mayor Tierney stated that she does not support the letter prepared by Councilmember Anderson because it attempts to blame a Councilmember for certain actions and asks a Councilmember to return funds which the City may not have the right to do. She believes that this is a political issue. Councilmember Wold stated that this is a situation where a Councilmember received money that she did not deserve according to the City ordinances. It is clear to him that she should return the money. He believes the letter as proposed by Councilmember Anderson is appropriate and does not see the political nature of the issue. Mayor Tierney stated that the City Council is responsible for enacting ordinances and making changes when necessary. She believes that whether Councilmember Helliwell returns the money or not, it is her business, as the City has no way of legally enforcing the ordinance. She believes that a letter should describe the concerns that the City Council has and indicate that the City has erred in issuing the check and in not ensuring that the ordinance is current. Councilmember Black stated that she does not view this as a political issue. She stated that Councilmembers are sworn to uphold and follow state and local laws. Ignorance of the law does not mean it should not be followed. Councilmember Black stated that former Councilmember Helliwell should not have received the December paycheck, and in good faith is obligated to pay that back. Mayor Tierney stated that the Council does not have an obligation to request it back. She believes it is former Councilmember Helliwell's decision whether she repays the funds. Councilmember Lymangood stated that there are no politics involved in this issue. He is attempting to deal with the situation in a forthright manner, and supports the letter proposed by Councilmember Anderson. MOTION was made by Councilmember Granath, seconded by Councilmember Anderson, to move the previous question. Motion carried, seven ayes. Main motion carried, five ayes; Granath nay; Tierney abstained. Regular Council Meeting January 23, 1996 Page 15 ITEM 9-C REPORT ON NUISANCE NOISE ORDINANCE Councilmember Black asked about the schedule for the Council to consider a revised nuisance noise ordinance being drafted by the City Attorney. City Manager Johnson responded that he will provide a status report this week. ITEM 9-D CITY COUNCIL MINUTES MOTION was made by Councilmember Wold, seconded by Mayor Tierney, to approve the minutes of the Special Council Meeting of November 27, 1995, with a correction to the date. Motion carried, five ayes; Black and Preus abstained. MOTION was made by Councilmember Wold, seconded by Councilmember Black, to approve the minutes of the January 9 Regular Council Meeting. Motion carried, seven ayes. MOTION was made by Councilmember Wold, seconded by Councilmember Lymangood, to adjourn the meeting at 9:15 p.m. Motion carried, seven ayes. Laurie Ahrens City Clerk