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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 Regular Council Meeting 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