Loading...
HomeMy WebLinkAboutCity Council Minutes 08-21-1996Minutes Regular Council Meeting August 21, 1996 The regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m., in the Council Chambers in the City Center, 3400 Plymouth Blvd., on August 21, 1996. COUNCIL PRESENT: Mayor Tierney, Councilmembers Anderson, Lymangood, Granath, and Black. Councilmember Preus arrived at 7:05 p.m. Councilmember Wold arrived at 7:15 p.m. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Finance Director Hahn, Park Director Blank, Public Safety Director Gerdes, City Attorney Knutson, and City Clerk Ahrens. Item 3-A Forum - The Ponds at Bass Creek Tom Jes, 5055 Evergreen Lane, stated that he visited the development of The Ponds at Bass Creek. He found that there are missing monuments for the wetland buffers, as well as missing erosion fence. He showed a video documenting various problems in this development and stated that it would be a good decision to not allow further development until problems are corrected because these fragile areas need to be appropriately protected. Councilmember Preus arrived at 7:05 p.m. In response to a question by Councilmember Anderson, Mr. Jes stated that some soil has escaped under the erosion barrier and there are washed out areas. Mayor Tierney suggested that this issue be sent to the Environmental Quality Committee or staff for a report back. Public Works Director Moore responded that staff has inspected the site. The siltation fences have been effective, but fence repairs need to be made. There is currently a hold on issuance of building permits in this development until the work is completed. Councilmember Wold arrived at 7:15 p.m. Regular Council Meeting August 21, 1996 Page 2 Manager Johnson suggested that the new Zoning Ordinance may be better able to address this type of issue. Community Development Director Hurlburt stated that staff has identified some deficiencies in the subdivision regulations. It may be possible to tie performance on previous plats with approval of a future one for the same developer in the new Zoning Ordinance. She stated that staff is withholding building permits in this subdivision until corrections are made. She also noted that this development was approved before the wetlands ordinance was adopted; therefore, the monument and buffer standards are different than the current requirements. Some of the problems that exist in this subdivision were rectified in the wetlands ordinance. Councilmember Black stated that the Environmental Quality Committee has discussed the ability of staff to inspect these sites. The Committee is looking at options for providing more enforcement during the summer months, and she expects that a recommendation will be included in the Surface Water Management Plan. Councilmember Anderson asked if there have been any discussions with the developer, Mr. Hunt. At the time the development was considered, Mr. Hunt had indicated that he would protect the environment. Director Moore responded that staff has been in contact with Mr. Hunt. His response is that he will get the work done soon, and he feels that the City is being punitive by withholding building permits. Councilmember Lymangood requested that staff provide a report documenting the various violations on this project which have resulted in the withholding of building permits for this subdivision. Item 3-B Forum - Well Problem Tom Laitala, 18315 8h Avenue North, stated that he recently installed a new well on his property, and it is contaminated. He has spoken with staff about the installation of City water and been informed that it could take until next spring. Public Works Director Moore explained that watermain has never been extended across this property. Mr. Laitala stated that City maps show that the watermain ends about 300 ft. to the east of his property; however, his neighbor across the street is connected to City water and sewer which is only 20 ft. from the Laitala driveway. Regular Council Meeting August 21, 1996 Page 3 Councilmember Preus asked why water service could not be installed this fall rather than waiting until spring. Public Works Director Moore explained that the required process includes petition, design, and public hearings for the project and the assessments. He will provide a report on the process, and the specific watermain requirements for this project. Councilmember Wold asked if there is some concern that typically when the City installs watermain, sewer is also installed. He would like the quickest timeframe possible included in the report. Director Moore stated that the City has no requirements that residents connect to City water. Manager Johnson said there are certain parts of the process that can be speeded with cooperation of all parties. He advised that the first step in the process is City receipt of a petition requesting the improvements. Item 5 Approve Agenda Mayor Tierney noted that revised information has been distributed on Items 6- A, 6-G, and 8-B. Councilmember Lymangood requested the addition of Item 9-A, Plymouth Charter Commission minutes of July 30. Mayor Tierney requested the addition of Item 9-B, discussion with Association of Metropolitan Municipalities (AMM) on 25 mph speed limits. Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to approve the agenda as amended. Motion carried, seven ayes. Item 6 Consent Agenda Item 6-G was deleted from the agenda. A revision to Item 6-A was distributed. Motion was made by Councilmember Preus, seconded by Councilmember Black, to approve the Consent Agenda as amended. Motion carried, seven ayes. Item 6-A Approve City Council Minutes Motion was made by Councilmember Preus, seconded by Councilmember Black, to approve the minutes of the July 24 and the August 6, 1996 regular council meetings, with the revision noted. Motion carried, seven ayes. Regular Council Meeting August 21, 1996 Page 4 Item 6-B Approve Disbursements Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-438 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING AUGUST 9, 1996. Motion carried, seven ayes. Item 6-C City Hall Business Hours Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-439 ESTABLISHING CITY HALL BUSINESS HOURS. Motion carried, seven ayes. Item 6-D Lundgren Brothers, Plum Tree 2°d Addition (96103) Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-440 APPROVING AN RPUD FINAL PLAN/PLAT AND DEVELOPMENT CONTRACT FOR LUNDGREN BROTHERS CONSTRUCTION INC. FOR PLUM TREE 2ND ADDITION LOCATED AT THE NORTHWEST QUADRANT OF PEONY LANE AND OLD ROCKFORD ROAD (94162F) (96103). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-441 ADOPTING ASSESSMENTS, PLUM TREE 2ND ADDITION, CITY PROJECT NO. 623, SANITARY SEWER AND WATERMAIN AREA. Motion carried, seven ayes. Item 6-E CDBG Agreement with Heartland -Plymouth Lakeview Commons, LLC Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-442 AUTHORIZING THE AMENDMENT OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENT WITH HEARTLAND -PLYMOUTH LAKEVIEW COMMONS, LLC. Motion carried, seven ayes. Item 6-F Site Performance Guarantee Reductions And Releases Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-443 REDUCING SITE IMPROVEMENT PERFORMANCE GUARANTEE, LAUKKA- WILLIAMS/PARKERS LAKE N. 10TH ADDITION (93067 E & F) LOTS, 5, 6, AND 7, BLOCK 1. Motion carried, seven ayes. Regular Council Meeting August 21, 1996 Page 5 Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-444 RELEASING SITE IMPROVEMENT PERFORMANCE GUARANTEE, LAUKKA- WILLIAMS/PARKERS LAKE 10TH ADDITION (ASHBURNE) (93067) LOTS 2, 3, AND 4, BLOCK 1. Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-445 RELEASING SITE IMPROVEMENT PERFORMANCE GUARANTEE, LAUKKA- WILLIAMS/PARKERS LAKE 11TH ADDITION (94032). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-446 REDUCING SITE IMPROVEMENT PERFORMANCE GUARANTEE, STATE FARM INSURANCE COMPANY/AUTO SERVICE CENTER (94017). Motion carried, seven ayes. Item 6-H Vacation of Easements, Fernbrook Woods 2"d Addition Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-447 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE, PONDING, AND UTILITY EASEMENT, FERNBROOK WOODS 2m ADDITION. Motion carried, seven ayes. Item 6-I Schmidt Lake Road Preliminary Engineering Report Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-448 ORDERING UPDATE OF PRELIMINARY REPORT, SCHMIDT LAKE ROAD, FERNBROOK LANE TO VICKSBURG LANE, CITY PROJECT 907. Motion carried, seven ayes. Item 64 1996 Street Reconstruction Project - Change Order No. 1 Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-449 APPROVING CHANGE ORDER NO. 1, 1996 STREET RECONSTRUCTION PROJECT, CITY PROJECT NO. 602. Motion carried, seven ayes. Regular Council Meeting August 21, 1996 Page 6 Item 6-K East Medicine Lake Boulevard Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-450 AMENDING RESOLUTION NO. 96-337, DESIGNATING A PORTION OF EAST MEDICINE LAKE BOULEVARD AS A SOUTHBOUND ONE-WAY STREET AND ESTABLISHING A TRAIL. Motion carried, seven ayes. Item 6-L Reductions in Required Financial Guarantees Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-451 REDUCING FINANCIAL GUARANTEE, PLYMOUTH OAKS ADDITION (93078). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-452 REDUCING FINANCIAL GUARANTEE, SUNSET VALLEY HOMES SECOND ADDITION 91051). Motion carried, seven ayes. Item 6-M Reduction of Retainage for City Center Expansion, Project No. 126 Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-453 AUTHORIZING REDUCTION IN RETAINAGE FOR CITY CENTER EXPANSION, PROJECT NO. 126. Motion carried, seven ayes. Item 7-A Lucky Star, Inc. for On -Sale 3.2 Malt Liquor License City Clerk Ahrens presented the staff report on the request of Lucky Star, Inc., for an on -sale 3.2 malt liquor license at 10820 Highway 55. Mayor Tierney opened the public hearing at 7:30 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Anderson, seconded by Councilmember Black, to adopt RESOLUTION 96-454 APPROVING ON -SALE 3.2 MALT LIQUOR LICENSE FOR LUCKY STAR, INC. Motion carried, seven ayes. Item 8-A Policy on Travel to National League of Cities Conference Councilmember Anderson stated that Mayor Tierney has advised the City Council by memo that she has requested reimbursement to attend the National League of Cities Conference in Texas. Since the conference is in November, following the local election, he believes that the Mayor -elect should be designated as having the option of attending this conference. Regular Council Meeting August 21, 1996 Page 7 Mayor Tierney stated that the conference attendance is due to her participation in the League of Minnesota Cities. She attended this conference last year as well, and has paid her own transportation and miscellaneous expenses to attend state and national conferences. She believes that these costs are within the budget. She will issue a revised memo indicating that she will request reimbursement only if she is the Mayor -elect in November, or the City Council could designate the Mayor -elect or Council -elect to attend the conference. Manager Johnson stated that the City Council could adopt a motion to this effect. The registration for this conference could be canceled or amended as late as Friday after the November general election. Councilmember Lymangood suggested that Mayor Tierney revise her memo to indicate that she will request reimbursement only if she is the Mayor -elect. Mayor Tierney stated she will do so. Councilmember Preus asked the amount of the conference reimbursement cost. Finance Director Hahn stated it is approximately $850 for registration and hotel. Item 8-B Mayor and Councilmember Future Salaries and Benefits Assistant City Manager Lueckert presented several options for City Council salaries and benefits. Option A would retain the existing salaries and benefits. Under Option B, salaries would be increased by 3 percent, and the current benefit policy would be retained. Option C would increase salaries by 3 percent, and discontinue benefits. Option D would retain the existing salaries and discontinue benefits. Option E would increase salaries by 5 percent, and allow members of the City Council the option of purchasing health and dental coverage. Mayor Tierney stated that it can be awkward to discontinue benefits while people are receiving them. She stated that serving on the City Council is a volunteer position with a stipend or salary. She favors Option E, whereby members can purchase benefits if they wish. Under the current ordinance, council members who receive benefits are benefited more than others. This proposal would also save money. Councilmember Lymangood stated that he does not view serving on the City Council as a volunteer position. Regular Council Meeting August 21, 1996 Page 8 Motion was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt ORDINANCE 96-19 RELATING TO COUNCIL SALARIES AMENDING SECTION 205 OF THE PLYMOUTH CITY CODE, with Option D to retain existing salaries and discontinue benefits to be effective January 1, 2000. Councilmember Lymangood stated that there has been an ongoing and continuing reduction of City Council benefits. A number of years ago, transportable life insurance policies were discontinued, followed by travel benefits. He would like to continue the policy of reducing benefits to City Council members. An effective date of January 1, 2000, would give current and future City Council members sufficient warning of the change. Councilmember Lymangood noted that the Brooklyn Park Mayor and City Council members are among the highest paid, as shown in the survey provided by staff. Brooklyn Park also has the highest tax rate in the Twin Cities area, and that rate is about twice the Plymouth tax rate. He stated that Plymouth has the lowest tax rate of all 77 cities over 10,000 population in Minnesota. He noted that Edina has the lowest salaries for Mayor and Council members, and Edina has the second lowest tax rate. He disagreed with Mayor Tierney's comment that serving on the City Council is a volunteer position. He said it is an elected position, and the compensation should be commensurate. Councilmember Wold asked staff if whether the City Council is eligible for health and dental benefits would affect the City's group rates. Finance Director Hahn believed there would be no cost effect. Motion to amend was made by Councilmember Wold, seconded by Councilmember Anderson, to provide that benefits shall be made available to the Mayor and individual Council members in an amount equal to the entire cost. Councilmember Wold stated he supports the amendment because it is cost neutral to the City and would offer something to City Council members. Councilmember Anderson concurred. He stated that the salaries would remain the same, but individual Council members would have the option of purchasing health and dental benefits at their own cost. Currently, the City pays a portion of the cost. Mayor Tierney asked why the ordinance should not be immediately effective. Regular Council Meeting August 21, 1996 Page 9 Councilmember Wold stated that the amendment under consideration does not address the effective date. Tim Bildsoe, 18840 32nd Avenue, supported the motion. He stated that the City Council should show a leadership example, and a salary increase would go against the Council's efforts to reduce spending and property taxes. Motion to amend the amendment was made by Councilmember Lymangood, seconded by Councilmember Anderson, to make the effective date January 1, 1999. Councilmember Black stated that all current terms of office would be completed by that date. Councilmember Lymangood stated that City Council members have adjusted their lives to the benefits that were available when they were elected. This amendment would ensure that current and future Council members would have advance notice of the change. Councilmember Granath supported the amendment. He supports the general trend of reducing City Council benefits and keeping taxes low. He spoke in favor of allowing members of option of purchasing benefits at the full cost because he does not want to discourage people from serving on the City Council because they need benefits. Mayor Tierney stated that there is currently an inequity because members who opt for benefits receive about double the salary of members who do not choose to receive benefits. She would like the effective date to be January 1, 1997. Councilmember Preus favored the amendment. He believes that it balances between showing an understanding of individual situations and the need for health benefits, while saving money for the City. Councilmember Anderson stated that he noted there was over $4,000 in City Council conference reimbursement costs for 1996. He requested that staff provide a report on who requested expense reimbursement and for which conferences in the past 18 months. Vote on the amendment to the amendment: six ayes; Tierney nay. Mayor Tierney stated that she voted against the motion because she believes it should become effective immediately. She stated that some Council members did not even know benefits were available when they took office and it can be easily adjusted. Regular Council Meeting August 21, 1996 Page 10 Councilmember Anderson clarified that the amendment now under consideration would have no financial impact on the City because the cost for health or dental coverage would be at a City Council member's cost. Vote on the amendment carried, seven ayes. Councilmember Lymangood spoke in favor of the main motion as amended. He commented on the survey that was conducted by staff on City Council benefits and salaries. He stated that at the budget study session, he had instructed that no survey be done, and no objections were made by Council members. He was concerned that specific instructions given to staff were not followed. Mayor Tierney stated that she instructed staff that she wanted the survey information. Manager Johnson stated that staff had conducted the survey prior to Mayor Tierney's request. He stated that staff had misunderstood the Council's directive. Main motion as twice amended carried, seven ayes. Item 9-A Charter Commission Minutes of July 30 Councilmember Lymangood read an excerpt of the Plymouth Charter Commission minutes of July 30: "Joy Tierney asked what the deadline is for ballot language. Kathy Lueckert stated that the practical deadline is the week of the primary election. Dave Crain stated that the legal guideline for ballots is 45 days prior to the election. Joy Tierney stated that there does not seem to be much interest on the Council to hold a special election just for this issue. " Councilmember Lymangood stated that he does not recall the City Council discussing whether this issue was of sufficient importance to schedule for consideration at a special election. Mayor Tierney stated that no official position was taken by the City Council, but she had made this assumption from Councilmember Lymangood's previous comment that if the question does not get on the November ballot, it would take two more years to be considered. She stated that this was brief, general discussion and that she did not relay an official position of the City Council to the Charter Commission. Motion was made by Councilmember Lymangood, seconded by Councilmember Granath, to direct staff to prepare a report for consideration at Regular Council Meeting August 21, 1996 Page 11 the next budget study meeting on funds necessary to allow for one special election in the 1997 proposed budget. Motion carried, seven ayes. Councilmember Lymangood stated that the Charter Commission has scheduled a public hearing on September 9 to address the issue of a supermajority vote requirement for a tax levy increase. Assistant Manager Lueckert announced that the meeting will begin at 7 p.m. on September 9, and citizens are invited to attend. The meeting will be cablecast. Councilmember Anderson asked if the Charter Commission intends to vote on the recommendation to the City Council following the public hearing that evening. Assistant Manager Lueckert stated that she believes the intent of the Charter Commission is to make a decision on their recommendation following the public meeting that evening, if possible. The City Council could schedule a special meeting on September 10 or 11. In the event that the Charter Commission makes a recommendation, the City Council could act on the issue. The ballot language must be submitted to the County for ballot printing on September 11. Councilmember Anderson supported scheduling a special council meeting to consider the recommendation of the Charter Commission. Manager Johnson stated that the City Council could schedule a special meeting on September 10, but the meeting could not begin until 8 p.m. due to the State Primary Election. Motion was made by Councilmember Wold, seconded by Councilmember Lymangood, to establish a Special Council Meeting for September 10 at 8 p.m. to receive the recommendation of the Plymouth Charter Commission on the issue of a supermajority vote requirement for a tax levy increase, and to consider the proposed charter amendment language. Mayor Tierney stated that the Charter Commission is holding a public hearing on September 9, but they may not necessarily adopt a report to submit to the Council following the public hearing. Assistant Manager Lueckert clarified that it is her understanding that the Charter Commission intends to adopt a recommendation to the Council following the public., hearing on September 9; however, the Charter Commission legally nas until October 15 to adopt a recommendation. Regular Council Meeting August 21, 1996 Page 12 Mayor Tierney reported that speakers from the Minnesota Taxpayers Association and the League of Minnesota Cities, as well as the former City Manager attended the last Charter Commission meeting to speak on the supermajority vote issue. There was not significant support for the proposal. A point of order was made by Councilmember Preus. He stated that the discussion does not relate to the motion under consideration which is whether to schedule a special meeting. Councilmember Wold stated that he is aware that the Charter Commission has the legal right not to act on September 9 following the public hearing. However, the City Council must schedule a Special Meeting in the event that a recommendation is received. Councilmember Black expressed disappointment that she will be unable to attend the Special Meeting. Motion carried, seven ayes. Councilmember Lymangood asked if the Charter Commission meeting on September 9 is a public hearing or public meeting. Manager Johnson explained that the entire meeting is open for the public to attend. As part of the meeting, a public hearing will be conducted on the supermajority vote issue. The Charter Commission could consider their recommendation following the public hearing portion of the agenda. Councilmember Anderson asked if the City Council can formally request that the recommendation on the proposed supermajority Charter amendment be voted on by the Charter Commission on September 9 following the public hearing. City Attorney Knutson stated that the City Council can go on record as requesting that the Charter Commission make their recommendation on September 9, but can't require any action to be taken. Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to respectfully request that the Charter Commission make a recommendation on the proposed supermajority Charter amendment on September 9. Councilmember Granath stated that the City Council respects the independence and commitment of the Charter Commission. He believes that they should Regular Council Meeting August 21, 1996 Page 13 consider the item and make a recommendation while the public is present on September 9. Councilmember Wold spoke against the motion as he does not believe it is appropriate for the City Council to make official requests of the Charter Commission. He believes that the Council can trust the Charter Commission to deliver a recommendation and does not want to be party to an appearance of the Council pushing the Charter Commission for a recommendation. He expects that the Charter Commission will make a recommendation on September 9. Councilmember Granath stated that the independence of the Charter Commission is necessary to the governing of the City. He wants to encourage the Commission to make a recommendation to the Council, irrespective of the decision. Councilmember Preus stated that he will support the motion. The Charter Commission knows that it is an independent body, and he fully respects their independence. However, he will support the motion as a reminder to the Charter Commission that this is what the City Council would like in order to get the supermajority amendment on the ballot in November. If the Charter Commission does not adopt a recommendation on September 9, the issue cannot be placed on the November ballot. Mayor Tierney stated that one question has arisen on whether the Charter Commission could have moved up the public hearing. She said that when the City Council indicated it did not wish to meet with the Charter Commission on the supermajority amendment issue, it slowed the schedule. The Charter Commission wanted full notice of the public hearing, and this was done through the newspapers and September Plymouth News. She forewarned the Council that the Charter Commission previously considered the supermajority vote issue and that most information they received is against such a Charter amendment. The Charter Commission has some valid concerns in putting this language into a charter amendment, and the Charter Commission deserves respect. Councilmember Preus stated there is no question that members of the City Council respect the Charter Commission. He said that the Charter Commission's scheduling of the public hearing on September 9 has nothing to do with the decision of the City Council not to meet as a whole with the Charter Commission That decision was made in June or July. The Charter Commission waited to schedule the public hearing because they wanted to get additional information on the proposal. He said that the Charter Commission Regular Council Meeting August 21, 1996 Page 14 disagreed with the Council's decision not to meet with the Commission, but they respected that decision. Mayor Tierney stated that Councilmember Preus may be correct, but it did seem like a delay to the Charter Commission. Motion carried: Anderson, Lymangood, Preus, Granath, and Black ayes; Wold nay; Tierney abstained. Mayor Tierney said that she abstained because of the dual role that she is playing at this point. Item 9-B AMM Meeting on Transportation Mayor Tierney reported that one of the main areas of interest to the Association of Metropolitan Municipalities is transportation. They are currently discussing ways of reducing speeding through neighborhoods, including consideration of 25 mph speed limits. She asked if the Council supports this effort. Councilmember Wold stated that he supports such an effort. He suggested that the issue of 25 mph speed limits be forwarded to the Community Policing Subcommittee. He rode with a police officer on National Night Out and stated that there are other ideas to discuss as well. Motion was made by Councilmember Wold, seconded by Councilmember Granath, to direct the Community Policing Subcommittee to review the issue of 25 mph speed limits and other efforts to reduce neighborhood speeding, and make a recommendation to the AMM. Motion carried, seven ayes. Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adjourn the meeting at 8:35 p.m. City Clerk