HomeMy WebLinkAboutCity Council Minutes 09-18-1996Minutes
Regular Council Meeting
September 18, 1996
The regular meeting of the Ply..:outh City Council was called to order by Mayor Tierney
at 7:00 p.m., in the City Council Chambers, 3400 Plymouth Blvd., on September 18,
1996.
COUNCIL PRESENT: Mayor Tierney; Councilmembers Lymangood, Granath, Preus
and Wold. Councilmember Anderson arrived at 7:05 p.m.
ABSENT: Councilmember Black.
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 Forum
No one appeared for the Forum.
Councilmember Anderson arrived at 7:05 p.m.
Item 5 Approve Agenda
Manager Johnson presented an item for addition to the agenda (Item 8-B)
relating to the Home Depot project. He suggested removal of Item 6-T -
Approve revised Ice Arena Project Budget.
Councilmember Lymangood stated that he would like to discuss Item 6-T,
rather than deleting it from the agenda.
Mayor Tierney requested addition of Item 8-C, tabulation of City Manager
evaluation.
Motion was made by Councilmember Preus, seconded by Councilmember
Granath, to approve the agenda, with the addition of Items 8-B and 8-C, and
moving Item 6-T to 9-D for discussion. Motion carried, six ayes.
Item 6 Consent Agenda
An amendment was noted to Item 6-A, minutes for the Special Council
meeting of August 12, 1996. Items 6-E, 6-I, 6-S, and 6-U were removed from
the Consent Agenda.
Regular Council Meeting
September 18, 1996
Page 2
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to approve the Consent Agenda as amended. Motion carried, six
ayes.
Item 6-A Approve Minutes
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to approve the minutes of the August 21, 1996 regular council
meeting and the August 12, August 14 and September 10 special council
meetings. Motion carried, six ayes.
Item 6-B Approve Disbursements
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-491 APPROVING
DISBURSEMENTS FOR THE PERIOD ENDING SEPTEMBER 6,
1996. Motion carried, six ayes.
Item 6-C Establish Special Council Meetings
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to establish October 9, at 7:00 p.m. as a Special Council Meeting
to discuss the City Manager's Annual Evaluation and October 17, at 7:00 p.m.
as a Special Council Meeting to discuss the 1997 Proposed Budget and 1997-
2001 Capital Improvements Program. Motion carried, six ayes.
Item 6-D False Alarm Permit Fees
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-492 DECLARING COST TO BE
ASSESSED AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT FOR PAST DUE FALSE FIRE ALARM FEES. Motion
carried, six ayes.
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-493 CALLING FOR PUBLIC
HEARING ON PROPOSED ASSESSMENT, PAST DUE FALSE FIRE
ALARM FEES. Motion carried, six ayes.
Item 6-F Extend Conditional Designation of City Center Developer
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-494 EXTENDING
CONDITIONAL DESIGNATION OF FRAUENSCHUH COMPANIES
AS DEVELOPER OF PROPERTY AT HIGHWAY 55 AND
VICKSBURG LANE AND DIRECTING STAFF TO NEGOTIATE A
DEVELOPMENT AGREEMENT. Motion carried, six ayes.
Regular Council Meeting
September 18, 1996
Page 3
Item 6-G Proclaim Cities Week and Establish City of Plymouth Open House Day
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-495 PROCLAIMING
OCTOBER 6-12,1996 AS CITIES WEEK AND ESTABLISHING
OCTOBER 26,1996 AS CITY OF PLYMOUTH OPEN HOUSE DAY.
Motion carried, six ayes.
Item 6-H Corporate License Name for PDQ Food Stores
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-496 APPROVING
COROPORATE NAME CHANGE FOR OFF—SALE 3.2 MALT
LIQUOR LICENSE HELD BY PDQ FOOD STORES OF MINNESOTA,
INC. Motion carried, six ayes.
Item 6-J Development Contract Financial Guarantee Reductions
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-497 REDUCING REQUIRED
FINANCIAL GUARANTEE, FRENCH RIDGE PARK ADDITION
94159). Motion carried, six ayes.
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-498 REDUCING REQUIRED
FINANCIAL GUARANTEE, SAVANNAH 2m ADDITION (95021).
Motion carried, six ayes.
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-499 REDUCING REQUIRED
FINANCIAL GUARANTEE, FERNBROOK WOODS 3RDADDITION
96057). Motion carried, six ayes.
Item 6-K "No Parking" Sign Installation
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-500 AUTHORIZE THE
INSTALLATION OF "NO PARKING" SIGNS ON ROCKFORD ROAD
COUNTY ROAD 9) BETWEEN VICKSBURG LANE AND I-494,
CITY PROJECT NO. 402, HENNEPIN COUNTY PROJECT NO. 8424.
Motion carried, six ayes.
Regular Council Meeting
September 18, 1996
Page 4
Item 6-L SPECIAL ASSESSMENTS
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-501 DECLARING COST TO BE
ASSESSED AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT, 1996 STREET RECONSTRUCTION PROGRAM,
CITY PROJECT NO. 602. Motion carried, six ayes.
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-502 RESOLUTION FOR
HEARING ON PROPOSED ASSESSMENT, 1996 STREET
RECONSTRUCTION PROGRAM, CITY PROJECT NO. 602. Motion
carried, six ayes.
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-503 DECLARING COST TO BE
ASSESSED AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT, NORTHWEST -19 TRUNK SANITARY SEWER, CITY
PROJECT NO. 503. Motion carried, six ayes.
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-504 FOR HEARING ON
PROPOSED ASSESSMENT, NORTHWEST -19 TRUNK SANITARY
SEWER, CITY PROJECT NO. 503. Motion carried, six ayes.
Item 6-M Change Order No. 1, City Project No. 415
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-505 APRPOVING CHANGE
ORDER NO. 1 WESTBRANCH 3PD ADDITION — PHASE H, CITY
PROJECT NO. 415. Motion carried, six ayes.
Item 6-N Wetlands Replacement Plan Applications
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-506 APPROVING FILLING
WETLANDS AND THE WETLAND REPLACEMENT PLAN FOR
NORTHWEST PLYMOUTH PARK PROJECT, CITY PROJECT NO.
606. Motion carried, six ayes.
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-507 AUTHORIZING THE
MAYOR TO SIGN THE CERTIFICATE OF EXEMPTION FROM THE
1991 WETLAND ACT, DEAN AND ALICE FJELSTUL'S PROPERTY,
TRACT B, RLS #1551. Motion carried, six ayes.
Regular Council Meeting
September 18, 1996
Page 5
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-508 AUTHORIZING THE
MAYOR TO SIGN THE CERTIFICATE OF EXEMPTION FROM THE
1991 WETLAND ACT, CALIBER DEVELOPMENT, NW POINTE
BUSINESS CENTER, SE % NW '/4 SEC. 28, T118N, R22W, OUTLOT A,
PARKERS LAKE CORPORATE CENTER 7TH ADDITION (96121).
Motion carried, six ayes.
Item 6-0 West Medicine Lake Park Improvements — Phase H, Project 330
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-509 APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS,
WEST MEDICINE LAKE PARK IMPROVEMENTS — PHASE H,
CITY PROJECT NO. 330. Motion carried, six ayes.
Item 6-P Correcting Legal Descriptions
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-510 DECLARING PROPERTY
SURPLUS AND AUTHORIZING CONVEYANCE OF THE SURPLUS
PROPERTY TO THE ADJOINING LAND OWNER, CITY PROJECT
NO. 310. Motion carried, six ayes.
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-511 AUTHORIZING
VACATION OF DRAINAGE AND UTILITY EASEMENTS, LOTS
1,2,3, AND 4, BLOCK 1, COURTYARDS OF FRENCH CREEK. Motion
carried, six ayes.
Item 6-Q Order Final Alignment - Schmidt Lake Road, Project No. 316
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-512 FINAL ALIGNMENT
STUDY, SCHMIDT LAKE ROAD FROM VICKSBURG LANE TO
PEONY LANE, CITY PROJECT NO. 316. Motion carried, six ayes.
Item 6-R Carlson Real Estate Company (95133)
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-513 APPROVING
PRELIMINARY PLAT AND SITE PLAN FOR CARLSON REAL
ESTATE CO. FOR PROPERTY LOCATED SOUTHWEST OF THE
INTERSECTION OF CHESHIRE LANE AND CARLSON PARKWAY
95133). Motion carried, six ayes.
Regular Council Meeting
September 18, 1996
Page 6
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-514 APPROVING A
VARIANCE FOR CARLSON REAL ESTATE CO. FOR PROPERTY
LOCATED SOUTHWEST OF THE INTERSECTION OF CHESHIRE
LANE AND CARLSON PARKWAY (95133). Motion carried, six ayes.
Item 6-V Application for Lawful Gambling Exemption
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-515 FINDING NO OBJECTION
TO LAWFUL GAMBLING EXEMPTION FOR ZACHARY LANE
ELEMENTARY PTA. Motion carried, six ayes.
Item 7-A Fernbrook Woods, 2°d Addition
Public Works Director Moore presented the staff report on the vacation of
drainage, ponding, and utility easement in Outlot F, Fernbrook Woods 2°d
Addition.
Mayor Tierney opened the public hearing at 7:13 p.m. No one appeared, and
the hearing was closed.
Motion was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-516 AUTHORIZING THE
VACATION OF DRAINAGE, PONDING, AND UTILITY EASEMENT,
OUTLOT F - FERNBROOK WOODS 2PiD ADDITION. Motion carried,
six ayes.
Item 8-A EAW for Plymouth Ponds Building Four
Community Development Director Hurlburt explained that on August 27, the
Planning Commission considered the request by Plymouth Ponds Development
for a MPUD Preliminary Plan for Plymouth Ponds Business Park Building
Four. After completing their discussion of the request, the Planning
Commission voted 3 to 2 to petition the City Council to order a Discretionary
Environmental Assessment Worksheet (EAW) for Building Four. The City
Council considered the Planning Commission's recommendation on September
4. The Council tabled the issue until the September 10 special meeting. Prior
to the special Council meeting, Councilmember Anderson and Lymangood held
a meeting attended by residents, the developer and staff, to attempt to resolve
various issues surrounding the project. At the special meeting, the Council
voted to table the issue until the September 18 Council meeting. Staff has
recommended that an EAW not be ordered.
Director Hurlburt said that a meeting was held with residents and the
developers on September 14, 1996. An agreement was reached at this meeting
Regular Council Meeting
September 18, 1996
Page 7
that the residents would not continue to press for an EAW for Building Four,
and Moen Leuer has agreed to install the following additional landscaping, to
be completed by the end of 1996:
A dense hedge will be planted on the southeast side of Holly
Lane within the project. The type of plant will be agreed upon
by Moen Leuer and the residents. The location will be staked
and reviewed with the residents.
Moen Leuer will supply black dirt needed to fill in the berm on
the south side of Medina Road between Jewel and Holly Lane,
if the property owners agree to the project.
Additional evergreen trees will be installed from the southeast
corner of Holly Lane and Medina Road to a line 25 feet east of
the west wall of Building Two. Trees will be added to
effectively increase the density of trees, at maturity, to be
equivalent to a fence. The location of new trees will be staked
and reviewed with the residents.
Res -lents will give Moen Leuer a list of plants they wish to
purchase for additional landscaping on the south side of Medina
Road. Moen Leuer will work with their landscaper to help the
residents acquire the plants at the cost that the developer pays
for plant materials.
Councilmember Wold stated that the proposed resolution denying the Planning
Commission request for preparation of an EAW does not include the
landscaping conditions.
Director Hurlburt responded that the conditions are an issue separate from the
EAW. She will ensure the agreement regarding landscaping is included in the
future approvals for Building Four.
Councilmember Anderson thanked staff for time spent on this issue.
Councilmember Preus stated that he has questions relating to this development,
but unrelated to the EAW issue. He asked what would occur with the EAW
request if the developer failed to meet the agreed upon conditions.
Director Hurlburt stated that the landscaping conditions, as well as other issues
related to the development, will be discussed at the Planning Commission
meeting next week during consideration of the development.
In response to an inquiry by Councilmember Lymangood, Attorney Knutson
said that once final approval of the project is granted, there can be no
reconsideration of an EAW.
Regular Council Meeting
September 18, 1996
Page 8
Motion was made by Councilmember Lymangood, seconded by Mayor
Tierney, to adopt RESOLUTION 96-517 DENYING PLANNING
COMMISSION REQUEST FOR PREPARATION OF A
DISCRETIONARY ENVIRONMENTAL ASSESSMENT
WORKSHEET FOR PLYMOUTH PONDS BUSINESS PARK
BUILDING FOUR ON PROPERTY LOCATED NORTHWEST OF
MEDINA ROAD AND COUNTY ROAD 24 (MPUD 91-1) (96096).
Councilmember Wold thanked the residents and developer for their work on
these issues. He hopes that they can continue to work out issues relating to
the project.
Motion carried, six ayes.
Councilmember Anderson left the meeting.
Item 8-B The Home Depot (96075)
Community Development Director Hurlburt said that on September 4, 1996,
the City Council granted preliminary approvals for a Home Depot at the
northeast quadrant of County Road 6 and I-494. One of the conditions
included in the approving resolution was: "Prior to submittal ofgrading and
building permits, the developer shall provide written permission from Carlson
Real Estate to utilize the pond at County Road 6 and I-494 for surface water
treatment as shown on the plans." Subsequent to Council approval, the City
Attorney determined that since the City has an easement over the pond, the
developer does not need to obtain permission from Carlson Real Estate to use
the pond for water treatment. In order to allow the development to go
forward, the Council needs to adopt a revised resolution deleting the
unnecessary condition.
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-518 APPROVING
PRELIMINARY PLAT, SITE PLANS, CONDITIONAL USE PERMIT,
AND VARIANCES FOR MARFIELD, BELGARDE AND YAFFE
COMPANIES FOR PROPERTY LOCATED AT THE NORTHEAST
QUADRANT OF COUNTY ROAD 6 AND I-494 (96075). Motion carried,
five ayes.
Item 8-C Tabulation of City Manager Evaluation
Mayor Tierney said that evaluation forms have been distributed to the City
Council for the annual evaluation of the City Manager. She asked for a
volunteer to tabulate the results.
Regular Council Meeting
September 18, 1996
Page 9
Councilmember Wold volunteered to tabulate any evaluations provided to him
in electronically readable format.
After further discussion, Councilmember Lymangood suggested that each
member provide the City Manager with a copy of their evaluation as soon as
possible, and bring an additional copy to the special meeting. Tabulation could
occur at the meeting, along with discussion of each item.
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, that councilmembers should earnestly endeavor to
provide the City Manager with their evaluations 48 hours prior to the
established special meeting, and councilmembers should bring a copy of their
evaluation to the meeting for tabulation and discussion purposes. Motion
carried, six ayes.
Item 8-1) (6-E, 6-S, and 6-U) Super -majority Items on Agenda
Councilmember Lymangood stated that he removed Items 6-E, 6-S, and 6-U
from the consent agenda because later on the agenda there will be discussion of
a super -majority vote issue. He previously gave testimony at the Charter
Commission hearing on the issue of a super -majority vote requirement for a tax
rate increase and noted that not all decisions of the City Council or other
democratic bodies are made by simple majority. For educational purposes, he
removed these items requiring a super -majority vote from the consent agenda.
He noted that these types of items requiring a super -majority vote occur
frequently, and he asked Director Hurlburt to comment on the reasons for the
super -majority vote requirements.
Councilmember Lymangood also noted that Item 6-E is a consideration of a
conditional use permit for expansion of a sanctuary at St. Barnabas Church.
He disclosed that he is a member of St. Barnabas Church. While this is not
technically a conflict of interest under state statutes, he would submit to the
will of the Council if there is a concern relating to conflict.
No concerns were expressed.
Community Development Director Hurlburt said that the three items removed
from the Consent Agenda require super -majority votes. These items relate to
conditional use permits and a rezoning request. The statutes that govern
conditional use permits and rezonings require a 2/3 vote. In addition, the
City's Zoning Ordinance specifies a super -majority vote requirement on these
items.
Regular Council Meeting
September 18, 1996
Page 10
Item 8-D-1 (6-E) Maertens—Brenny Company (96105)
Motion was made by Councilmember Lymangood, seconded by
Councilmember Granath, to adopt RESOLUTION 96-519 APPROVING
CONDITIONAL SE PERMIT AMENDMENT AND SITE PLAN
AMENDMENT FOR MAERTENS—BRENNY CONSTRUCTION CO.
FOR IMPROVEMENTS AT ST. BARNABUS CHURCH, 15600 OLD
ROCKFORD ROAD (96105). Motion carried, five ayes.
Item 8-D-2 (6-S) Hutchinson Technology, Inc. (96099)
Motion was made by Councilmember Lymangood, seconded by
Councilmember Granath, to adopt RESOLUTION 96-520 APPROVING
MPUD FINAL PLAN AMENDMENT AND CONDITIONAL USE
PERMIT FOR HUTCHINSON TECHNOLOGY, INC. FOR PROPERTY
LOCATED AT 5905 TRENTON LANE NORTH (96099). Motion carried,
five ayes.
Item 8-D-3 (6-U) C.G. Rein Industries, Inc. (96044)
Motion was made by Councilmember Lymangood, seconded by
Councilmember Granath, to adopt ORDINANCE 96-20 AMENDING THE
ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED
AT THE SOUTHWEST QUADRANT OF HIGHWAY 169 AND
SCHMIDT LAKE ROAD (96044). Motion carried, five ayes.
Item 9-A Council Expenditures for Training and Conferences
Councilmember Granath stated that Councilmember Anderson had originally
requested a report on Council expenditures for training and conferences in
1995 and 1996. Councilmember Granath noted that the report indicates there
was heavy use by one member of the conference budget in 1995 and 1996. He
believes that it appears to be excessive and could be perceived as a perk.
Councilmember Granath said that he makes these comments in light of the
Mayor's suggestion during budget discussions that funding for conferences
should be expanded. He does not believe it is a good idea since it is used by
one person to such a great extent. Councilmember Lymangood has proposed a
motion that would restrict use of the Council conference budget to no more
than 1/3 of the budget for any individual member of the Council.
Mayor Tierney said the first conference she attended in 1995 was a Municipal
Finance Conference, which was helpful because of the upcoming open space
bond referendum. She believes it was important to attend, and it was useful to
the City. Mayor Tierney stated that some of the other conferences relate to
issues affecting Northwest Plymouth planning. Also, as an officer of the
League of Minnesc .':... Cities (LMC), she was expected to attend various
conferences. She finds it disturbing that she was the only member of the
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September 18, 1996
Page 11
Council in 1995 who spent any time attending City -offered educational
sessions. She does not view attending conferences as a perk. She asked how
many members of the Council would be willing to take three days vacation to
attend a conference. She would like to see councilmembers take advantage of
educational opportunities and thinks that not attending shows an intent on the
part of Councilmembers not to grow.
Councilmember Lymangood raised a point of order. He said is not allowable
under Roberts Rules of Order to arraign the intent of a member.
Mayor Tierney said that this is her perception. Some Councilmembers are
receiving additional compensation through health and dental benefits. She
would like to see additional training dollars and more councilmembers
attending conferences. She noted that she and Councilmember Black are the
only two councilmembers who have attended City -sponsored training in the
last two years, and she does not view this with pride. Mayor Tierney said this
sends a message to the LMC that this Council is too poor to have a member
serve on its Board of Directors, and perception is important.
Councilmember Granath stated he does not intend to cast dispersions on
anyone's use of conferences and training. He gives Mayor Tierney credit for
seeking to enhance her education while in office. His concern is that trips have
been taken to Duluth, Phoenix, Rochester, St. Paul, and San Antonio. He is
not sure this is what needs to be done to enhance professional education. He
said that the report appears to be a pattern of excessive use, and it is to the
Council's benefit to establish a procedure on the use of Council training and
conference budget.
Mayor Tierney asked if Councilmember Granath was suggesting that she resign
from the LMC Board.
Councilmember Granath stated no, but it seems excessive to have one person
using the entire Council conference/training budget.
Mayor Tierney said that as a LMC Board member, she is expected to attend
various meetings and conferences. She gave her personal time to attend. She
agreed that one member should not be using the entire budget. The budget
should be in the range of $8,000 to $10,000 per year, and more members
should be participating in conferences and training.
Councilmember Lymangood suggested combining agenda items 9 -Al and 9-
A2 for discussion purposes. He explained that he is proposing an ordinance
which would specify that no councilmember may spend more than one-third of
the annual Council training and conference budget without the advance
Regular Council Meeting
September 18, 1996
Page 12
approval of the City Council. He was concerned that this proposed ordinance
may interfere with the City's current travel policy. He asked Mayor Tierney if
she informed the Cn Council and City Manager by memo of each of the
conferences to which she traveled in 1995 and 1996, as is required in the
Travel Policy.
Mayor Tierney stated that she had not written memos, but the registrations
submitted to staff for payment were in writing.
Councilmember Lymangood said the Travel Policy was adopted in July 1994.
A portion of the policy provides "Department Heads must give written pre -
approval for travel by employees. The City Manager must give written pre -
approval for travel by Department Heads or members of any Commission or
Committee. The City Manager must inform the City Council by memo of all
travel in advance or as soon as possible if an emergency exists. The Mayor or
any member of the Council must inform the City Council and the City
Manager by memo of any travel in advance. " He remembered receiving
written notice from Mayor Tierney of the upcoming conference in Texas, but
did not recall receiving notice of previous conferences, including Duluth,
Cragun's, Phoenix, and Rochester. He explained that his proposed ordinance
would be an additional requirement. He spoke against a budget increase for
Council conferences and training, as suggested by Mayor Tierney, noting that
cities who send several Councilmembers to conferences (e.g. Brooklyn Park,
Minnetonka) also have a higher tax rate than Plymouth and their
councilmembers are higher paid. Councilmember Lymangood said that
Plymouth has set an example - not of being poor - but of good government by
keeping expenditures low. He supports retaining the existing budget amount
for Council training and conferences. If the LMC requires Board members to
attend conferences, then LMC should pay for the costs rather than Plymouth
citizens.
Councilmember Preus supported the proposed ordinance and Councilmember
Lymangood's comments. When taxpayers' money is spent, he believes it
should be spent by the entire Council. He believes that some training does not
need full Council consideration, but when it reaches a certain point, the
Council should be making the decision of whether a particular conference is
worthwhile.
Mayor Tierney said she has no problem with the proposed ordinance but
believes that more councilmembers should take advantage of the training
opportunities.
Councilmember Lymangood asked if additional language is needed in the
ordinance to direct that the City Manager or Finance Director do not pay
Regular Council Meeting
September 18, 1996
Page 13
expenditures beyond the one-third amount per member. He noted that the
previous notice requirement was not adhered to.
Manager Johnson and Finance Director Hahn indicated that the proposed
language is sufficient. Director Hahn asked how the proposed ordinance
would affect the current budget year.
Councilmember Lymangood said the ordinance would be effective immediately
upon its passage. Therefore, any member who has expended more than one-
third of the budget this year, would require City Council approval.
Councilmember Wold asked the amount of the Council conferences and
training budget line item for 1996.
Assistant Manager Lueckert responded it is $2,000 for conferences and
training, and $2,000 for special council meetings and events.
Councilmember Preus assumed that the proposed ordinance would impact only
the conference/training item.
Councilmember Lymangood suggested that the ordinance language be
expanded to include travel.
Manager Johnson said this would be appropriate for clarification. He
explained that throughout the City's department budgets there are separate
amounts for training and conferences. Typically, training is for meetings in the
metro area that do not require overnight travel. Conferences would typically
require travel and an overnight stay. It is the City's practice to include any
meetings with travel in the conferences line item.
Councilmember Wold said the proposed ordinance references the "City
Council". He asked if the Mayor would be considered a member of the City
Council for purposes of interpreting the ordinance.
Attorney Knutson said yes.
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to adopt ORDINANCE 96-21 AMENDING
CHAPTER H OF THE PLYMOUTH CITY CODE CONCERNING
EXPENDITURES FOR TRAINING AND CONFERENCES, with the
additional language "including travel expenses" in Section 215.03.
Mayor Tierney questioned why the Council feels they need to spend time on
this issue since staff keeps a record of conference attendance.
Regular Council Meeting
September 18, 1996
Page 14
Councilmember Lymangood stated that the City has a Travel Policy that
indicates that the Mayor or City Councilmembers must provide advance
notification of attending a conference. He doesn't recall receiving any notice in
1995.
Councilmember Preus suggested that lodging should also be added.
Motion to amend was made by Councilmember Lymangood, seconded by
Councilmember Wold, to state "including travel and lodging expenses."
Motion to amend carried, five ayes.
Mayor Tierney asked if councilmembers feel this issue is worthy of their time,
when they did not have time to attend conferences and educational training,
and when some councilmembers receive additional health and dental benefits.
Councilmember Lymangood stated that there is an existing Travel Policy, but
the individual using the majority of the Council training and seminar funds has
not provided advance notice of travel. He said it was not until this year that
Mayor Tierney brought up the issue of some councilmembers receiving
benefits. He said the benefits have been effective for a number of years while
Mayor Tierney was either the Mayor or a Councilmember. He questioned why
she waited until this time to raise the issue. He believes that a strengthened
Travel Policy is needed.
Mayor Tierney said she sees no harm in the ordinance, but does not believe it
warrants Council time.
Motion carried, five ayes.
Item 9-B-1 Discussion of Charter Commission Meeting
Manager Johnson said that since May 1, the Plymouth Charter Commission has
met five times and the City Council has held discussion six times on the issue
of a super -majority vote requirement for a tax levy increase. The deadline for
placing the issue on the November 5 optical scan ballot has expired, but it
would still be possible to do a special election with a paper ballot. If the
Charter Commission would meet and decide on the issue yet this week, the
City Council could act on it prior to 5:00 p.m. on Friday, September 20. He
has not heard that the Charter Commission will call a special meeting this
week. He noted that three councilmembers have called for a special council
meeting at noon on September 20, to be prepared to consider the issue should
the Charter Commission call a special meeting and act on the issue prior to that
time.
Regular Council Meeting
September 18, 1996
Page 15
Manager Johnson explained that the City Council cannot place the issue on the
ballot until a report is received from the Charter Commission. The Charter
Commission's deadline for submitting a report to the Council is October 15.
He reviewed the motions passed by the City Council at their special meeting of
September 10, and said that this will serve as his summary of events relating to
the super -majority vote issue.
Manager Johnson said the City Council had requested options for a special
election on the super -majority vote issue. He stated that a special election
could be held on December 3, 1996. This is the earliest election date should
the Charter Commission take its full deliberation time to submit a report.
There must be a 45 -day waiting period between when the Council calls the
election and election day. A second option is to hold a special election in May,
1997. This would be sufficient time before development of the 1998 budget.
A third option would be to conduct the special election in November, 1997, in
conjunction with the School District 281 and 284 elections. There could be
some economies of scale and a slight benefit to voters to go to the polls on two
issues. He said that the Charter Commission is scheduled to meet on
September 30. Should they complete their report at that time, a fourth option
would be to have a special election on November 19, 1996. An additional
option is to wait on the entire matter until the 1998 general election.
Mayor Tierney asked Councilmember Lymangood if any members of the
Charter Commission were willing to meet this week.
Councilmember Lymangood said he doesn't know, as he does not serve on
that body. The Charter Commission is an independent body whose members
are appointed by a judge. He encouraged the Charter Commission to make a
decision at their public hearing, but they tabled the issue on a 6 to 5 vote.
Councilmember Lymangood learned on Friday that there still was an
opportunity to get the issue on the November 5 election. Therefore, three
councilmembers called a special meeting for September 20. He said that he has
been prepared every step of the way on this issue to do the job to which he was
elected. He has tried to get the Charter Commission to make a decision so the
issue could be considered on the November ballot, and he recently asked staff
to send the Charter Commission a copy of the memo outlining the option of
meeting this week in order to get the issue on the November ballot. However,
he believes it would be inappropriate for him to call the members of the
Charter Commission to try to arrange for them to call a special meeting.
Mayor Tierney said that Councilmember Lymangood had contacted her and
had spoke with Virgil Schneider. She was unaware if he had called other
members of the Charter Commission.
Regular Council Meeting
September 18, 1996
Page 16
Councilmember Preus asked about the Charter Commission's notice
requirements for calling a special meeting.
Manager Johnson explained that the bylaws require a two-day mailed notice,
but there is no notice time requirement if notice is hand -delivered.
Attorney Knutson said that under the Open Meeting Law, notice must be
given. If an emergency meeting is declared, then posted notice and notification
of the news media is required.
Councilmember Wold said that his name is first to appear on the special
meeting call. It seems prudent for the Council to be prepared to act in the
event the Charter Commission would call a special meeting prior to Friday. He
has been prepared to act on this issue for a long time. He assured the Charter
Commission that if they opt to give the voters in November an opportunity to
voice their opinion on the issue, the Council is prepared to act to get the issue
on the ballot.
Mayor Tierney said that she doesn't know if Charter Commission members
were contacted about the possibility of calling a special meeting.
Councilmember Wold said that it would not be appropriate for him to call
members of the Charter Commission to request that they call a special meeting.
He said that Councilmember Lymangood called the Chairperson of the
Commission and the Mayor. It would have been possible for the Mayor to be
one of the two members to call the special meeting, even if she was unable to
attend. Councilmember Wold said he is getting suspicious that the Charter
Commission is trying to use the process to keep the issue from the voters this
November.
Pauline Milner, member of the Charter Commission, said the Commission is an
independent body that is concerned with the welfare of Plymouth citizens. The
Council should rest assured that whatever is done by the Charter Commission,
every angle has been examined to make a fair judgment.
Councilmember Wold appreciated the due deliberation by the Charter
Commission, but stated that there was sufficient information to make a
decision at the public hearing. He noted that the Charter Commission meeting
was adjourned at 9:18 p.m., rather than continue until a 10:00 p.m.
adjournment time, and there would have been time to debate the issue. He said
the first motion when debate started was to table the issue, and there was no
serious attempt to debate the issue. He feels the intent is to not have the voters
consider the issue this fall.
Regular Council Meeting
September 18, 1996
Page 17
Mayor Tierney said Councilmember Wold should not judge the intent of the
Charter Commission.
Councilmember Lymangood concurred. He thanked Mrs. Milner for being
here tonight. He said that this is the sixth time that the Council has discussed
the super -majority vote issue and the first time that a Commission member has
attended.
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to postpone consideration of Special Election options
to October 2. Motion carried, five ayes.
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to instruct the City Manager to send the staff reports on
the super -majority vote requirement for a tax rate increase to all Chamber of
Commerces representing Plymouth.
Councilmember Lymangood said it is important to publicize this information to
the business community.
Motion carried, five ayes.
Item 9-B-3 Consider Options for Replays of Charter Commission Meeting
Motion was made by Councilmember Lymangood to adopt Option 2 for the
playback of the September 9 Charter Commission meeting.
Councilmember Lymangood said this option would allow regular City business
to be shown on Channel 37, including City Council and Planning Commission
meetings, while providing additional replays of the Charter Commission
meeting.
Motion died for lack of a second.
Manager Johnson said that all options provided in the staff report were framed
so there would be very little or no extra cost involved.
Councilmember Lymangood said the super -majority vote issue is a topic of
debate in the community. The Charter Commission voted to table this issue to
September 30. He could make observations or judgments on what occurred at
the Charter Commission meeting, but believes that the video is self-
explanatory. He said the Charter Commission meeting was a spirited,
intellectual exchange and it is appropriate to give Plymouth residents every
opportunity to witness the debate without commentary.
Regular Council Meeting
September 18, 1996
Page 18
Mayor Tierney asked if the additional replays can be accomplished without
interrupting the regular replays of City Council and Planning Commission
meetings.
Manager Johnson responded yes.
Assistant Manager Lueckert said the Communications Coordinator has
developed a schedule for showing video text and the playbacks. It would be
helpful to know how many weeks the Council would like the schedule to be in
place.
Councilmember Lymangood said the intent is that the schedule would be in
place indefinitely.
Motion was made by Councilmember Lymangood, seconded by
Councilmember Granath, to adopt the schedule for Option 2 to incorporate the
playback of the September 9 Charter Commission meeting, until the Council
amends the schedule. Option 2 would revise the playback schedule to
incorporate additional showings of the Charter Commission along with replays
of the City Council and Planning Commission meetings.
Councilmember Preus said that, with some hesitation, he will support the
motion. He noted there are many residents who view the City Council and
Planning Commission meetings, and this would not affect that schedule. The
proposal would provide opportunities for residents to view the meeting at no
additional cost to the City.
Motion carried, five ayes.
Item 9-C Direction to Staff regarding 1997 Budget
Councilmember Lymangood said that he has suggested the following in
discussions with staff. 1) Eliminate the $13,000 for a special election from the
1997 levy and fund any special election from 1996 surplus funds; 2) Direct
staff to provide a budget alternative to increase the levy for the water resources
fund and decrease the capital improvement levy; and 3) Direct staff to develop
a prioritized list for eliminating $100,000 from the overall levy, if the Council
were to further reduce the levy.
Councilmember Lymangood thanked Charter Commissioner Ellie Singer and
Councilmember Wold for their discussion that funds once levied are
permanently gone. This prompted his first suggestion regarding the funding
for a special election. He said the second suggestion regarding the water
resources fund resulted from Councilmember Granath's comments at the last
meeting regarding expenses that had not been earmarked.
Regular Council Meeting
September 18, 1996
Page 19
Manager Johnson said that staff believes the special election funding item is a
good idea. The suggestion regarding the water resources fund and capital
improvement fund has pros and cons. He suggested the appointment of a
subcommittee to discuss the issues and provide a recommendation to the
Council. Staff will provide the information requested on the budget reduction.
Motion was made by Councilmember Lymangood, seconded by
Councilmember Preus, to direct staff to eliminate $13,000 for a special election
from the 1997 levy and fund any special election from 1996 surplus funds, and
develop a prioritized fist for eliminating $100,000 from the overall levy.
Mayor Tierney said that this seems preliminary when the Council could discuss
all issues related to the budget during budget meetings later in the year.
Councilmember Wold spoke in favor of the motion. He feels it is appropriate
for the Council from this time through budget adoption to provide direction to
staff on the Council's intentions.
Councilmember Lymangood also spoke in favor of the motion. He would like
to receive a prioritized budget reduction list from the stars perspective.
Motion carried, five ayes.
Councilmembers Lymangood and Preus suggested establishment of a
Subcommittee to consider a budget alternative to increase the levy for the
water resources fund and decrease the capital improvement levy.
Motion was made by Mayor Tierney, seconded by Councilmember Wold, to
appoint Councilmembers Lymangood, Preus, and Black to a Subcommittee to
consider a budget alternative to increase the levy for the water resources fund
and decrease the capital improvement levy. Motion carried, five ayes.
Item 9-D (6-T) Ice Arena Construction Budget
Councilmember Lymangood said that the City is in a difficult bidding climate
with respect to bids for the ice arena project. He explained that the City will
soon receive bids on a significant remaining portion of the project, and asked
whether a special meeting is needed prior to the next regular meeting to review
the bids.
Manager Johnson explained that bids will be received on September 19 and
will take a few days to evaluate. He suggested that the Council Subcommittee
on Ice Arena Design Issues may want to convene a meeting to review the
project budget, and bid alternatives prior to the October 2 regular meeting.
Regular Council Meeting
September 18, 1996
Page 20
Item 9-E (6-I) Ordinance regarding Swimming Pools
Councilmember Lymangood said that he will not support this proposed
ordinance because he believes it goes beyond what is necessary for health,
safety, and welfare of citizens. He believes that it contributes to excessive
costs on the part of residents.
Manager Johnson explained that the proposed ordinance would repeal a
number of existing regulations and duplicate inspections that Hennepin County
now conducts. Only the fencing and decking requirements for private pools
would remain in the ordinance, but it is the Council's discretion to eliminate
those requirements as well.
Councilmember Preus clarified that the fencing and decking provisions have
not been changed from the existing ordinance.
Mayor Tierney suggested that the Council could adopt the proposed ordinance
and, if desired, consider further revisions in the future.
Motion was made by Mayor Tierney, seconded by Councilmember Preus, to
adopt ORDINANCE 96-22 AMENDING CHAPTERS 1 AND 9 OF THE
PLYMOUTH CITY CODE CONCERNING SWIMMING POOLS.
Motion carried: four ayes; Lymangood nay.
Motion was made by Councilmember Lymangood, seconded by Councilmember Preus, to
adjourn the meeting at 8:50 p.m. Motion carried, five ayes.
City Clerk