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