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HomeMy WebLinkAboutCity Council Minutes 12-19-1995MINUTES REGULAR COUNCIL MEETING DECEMBER 19, 1995 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on December 19, 1995. COUNCIL PRESENT: Mayor Tierney; Councilmembers Anderson, Wold, Lymangood, and Edson. Councilmember Granath arrived at 7:05 p.m. ABSENT: Councilmember Helliwell. STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Park Director Blank, Finance Director Hahn, City Attorney Knutson, and City Clerk Ahrens. ITEM 3 PLYMOUTH FORUM Ed Sieber, 11792 Dunhill Road, Eden Prairie, represented Johnson Brothers Corporation, owners of a proposed open space acquisition area on Zachary Lane. He stated that Johnson Brothers had received a proposal from the City for purchase of their property, and Johnson Brothers responded with a counter offer on December 14. He was present to answer any questions the Council may have. Manager Johnson stated that the City received the counter offer today and will respond. Councilmember Granath arrived at 7:05 p.m. Bob Marcotte, 3708 Rosewood Lane, stated that he is concerned about the participation of people in the democratic process. He stated that last spring Plymouth residents approved a referendum for the acquisition of open space and for trail construction. He believes that on at least one trail segment the money was wasted. He had been informed there would be an opportunity to participate in the decision of which trails would be constructed. However, there has not been an opportunity to be involved in the decision of how the money would be used. He lives along Northwest Boulevard and construction of an additional trail is planned. Mr. Marcotte stated that he attended an information meeting on December 12; however, there was not an opportunity to provide input on the trails proposed for construction. He had presented a petition on December 12 containing 23 signatures, along with a letter outlining his concerns. He stated that citizen input should have been solicited on the trails selected for construction. Regular Council Meeting December 19, 1995 Page 2 Park Director Blank stated that Public Works Director Moore and the City's consulting engineers were present at the information meeting on December 12 to answer questions and receive citizen input. Public Works Director Moore stated that the December 12 meeting was for the purpose of providing and receiving public information. The City Council had ordered preliminary engineering reports on the trails proposed to be included in the referendum. The purpose of the December 12 meeting was to present this information as well as to solicit comments. He stated that all comments received at the public information meeting will be forwarded to the City Council for consideration. He stated that Mr. Marcotte indicated at the information meeting that he would like a segment of trail removed from the project, and the City Council will make that decision at a future Council meeting. ITEM 4 PRESENTATIONS Mayor Tierney recognized out -going Councilmember John Edson. She stated that he worked to establish the Financial Advisory Committee and was elected to the City Council in 1991. Mr. Edson has served on the Park and Recreation Advisory Commission, the Housing and Redevelopment Authority, various task forces, as well as serving two years as Deputy Mayor. She thanked Councilmember Edson for four years of service to the City. Councilmember Edson thanked the City Council and staff. Councilmember Anderson stated that Councilmember Edson has a busy family, professional, and church life, and he has made great contributions to the community through his City Council service. Mayor Tierney introduced Cub Scout pack 577 from Zachary Lane School and Cub Scout pack 539 from Plymouth Creek Elementary School. Mayor Tierney announced that the City of Plymouth has a new customer service initiative. Beginning January 2, the City will offer extended hours on Tuesdays from 8 a.m. to 6 p.m. Office hours on other weekdays will be 8 a.m. to 4:30 p.m. She said this change is a result of the 1995 Citizen Survey which indicated that citizens would like expanded office hours. Manager Johnson announced that this expansion of office hours came from employees as an effort to expand the City's customer service. ITEM 5 APPROVE AGENDA Mayor Tierney announced that the Metropolitan Council will conduct public hearings on Thursday evening on all livable communities housing agreements. Councilmember Anderson requested the agenda addition of Item 9-B relating to Plymouth City Code section 200.23. Regular Council Meeting December 19, 1995 Page 3 MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to approve the agenda with the addition of Item 9-B. Motion carried, six ayes. ITEM 6 CONSENT AGENDA Manager Johnson distributed revised staff reports for Items 6-H and 6-K. These items remained on the consent agenda. Item 6-D was removed from the consent agenda and placed as Item 8-C. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt the consent agenda as amended. Motion carried, six ayes. ITEM 6-A APPROVE DISBURSEMENTS MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-760 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING DECEMBER 8, 1995. Motion carried, six ayes. ITEM 6-B JANCO, INC. FRENCH RIDGE PARK 2ND ADDITION (95098) MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-761 APPROVING RPUD FINAL PLAN/PLAT FOR JANCO, INC. FOR FRENCH RIDGE PARK 2ND ADDITION LOCATED WEST OF NORTHWEST BOULEVARD AND SOUTH OF COUNTY ROAD 9 (RPUD 95-2) (95098). Motion carried, six ayes. ITEM 6-C DESIGNATE CITY COUNCIL AS THE BOARD OF ZONING ADJUSTMENTS AND APPEALS MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt ORDINANCE 95-53 AMENDING CHAPTER 3 OF THE PLYMOUTH CITY CODE CONCERNING THE BOARD OF ADJUSTMENTS AND APPEALS. Motion carried, six ayes. ITEM 6-E RENEW LICENSES FOR KENNEL, GASOLINE, TARGET, AND AMUSEMENT MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-762 APPROVING 1995 LICENSE RENEWALS. Motion carried, six ayes. Regular Council Meeting December 19, 1995 Page 4 ITEM 6-F SITE IMPROVEMENT PERFORMANCE AGREEMENT MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-763 REDUCING SITE IMPROVEMENT PERFORMANCE GUARANTEE, LAUKKA WILLIAMS/PARKERS LAKE 10TH ADDITION (93067) LOTS 2,3 AND 49 BLOCK 1. Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-764 REDUCING SITE IMPROVEMENT PERFORMANCE GUARANTEE, LAUKKA WILLIAMS/PARKERS LAKE 11TH ADDITION (940327). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-765 REDUCING SITE IMPROVEMENT PERFORMANCE GUARANTEE, DAHLSTROM, PETERSON EIDEN PARTNERSHIP/COURTYARDS OF PLYMOUTH 94049). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-766 REDUCING SITE IMPROVEMENT PERFORMANCE GUARANTEE, ROTTLUND HOMES/PINTAIL VILLAS (93055). Motion carried, six ayes. ITEM 6-G 1996 HEALTH, DENTAL BENEFITS FOR NON -REPRESENTED CITY EMPLOYEES MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-767 APPROVING THE 1996 MONTHLY HEALTH, DENTAL INSURANCE FOR NON - REPRESENTED CITY EMPLOYEES. Motion carried, six ayes. ITEM 6-H ESTABLISH ANNUAL COMPENSATION ADJUSTMENT MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-768 APPROVING THE 1996 CLASSIFICATION AND COMPENSATION E14PLEMENTATION PLAN. Motion carried, six ayes. Regular Council Meeting December 19, 1995 Page 5 ITEM 6-I ESTABLISH ANNUAL LEGISLATIVE DINNER MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-769 ESTABLISHING JANUARY 30 AS ANNUAL LEGISLATIVE DINNER Motion carried, six ayes. ITEM 6-J AWARD CONTRACT FOR COUNCIL CHAMBER MEDIA EQUIPMENT AND INSTALLATION MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-770 AWARDING BID FOR COUNCIL CHAMBERS MEDIA EQUIPMENT AND INSTALLATION. Motion carried, six ayes. ITEM 6-K PURCHASE OF CAPITAL EQUIPMENT FOR TRAFFIC ENFORCEMENT UNIT MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-771 APPROVING PURCHASE OF CAPITAL EQUIPMENT FOR TRAFFIC ENFORCEMENT UNIT. Motion carried, six ayes. ITEM 6-L REDUCTIONS IN REOUIRED FINANCIAL GUARANTEES MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-772 REDUCING REQUIRED FINANCIAL GUARANTEE, THE PONDS AT BASS CREEK 2ND ADDITION (95082). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-773 REDUCING REQUIRED FINANCIAL GUARANTEE, FRENCH RIDGE ADDITION (94159). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-774 REDUCING REQUIRED FINANCIAL GUARANTEE, COURTYARDS OF FRENCH CREEK ADDITION (93034). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-775 REDUCING REQUIRED FINANCIAL GUARANTEE, SUGAR HILLS 3RD ADDITION (94044). Motion carried, six ayes. Regular Council Meeting December 19, 1995 Page 6 MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-776 REDUCING REQUIRED FINANCIAL GUARANTEE, SAVANNAH ADDITION (93112). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-777 REDUCING REQUIRED FINANCIAL GUARANTEE, EAGLEWOOD ADDITION (92110). Motion carried, six ayes. ITEM 6-M STREET LIGHTING IMPROVEMENTS MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-778 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING, WEST BRANCH 3RD ADDITION. Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-779 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING, WEST BRANCH 3RD ADDITION. Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-780 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING, NANTERRE ADDITION. Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-781 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING NANTERRE ADDITION. Motion carried, six ayes. ITEM 7-A MULTI -FAMILY HOUSING REVENUE BONDS FOR FOX FOREST APARTMENT PROJECT Community Development Director Hurlburt stated that the City Council has been requested to approve an amended and restated housing program for the issuance of multi -family housing revenue bonds for the Fox Forest Apartments project. She stated that Fox Forest Apartments is a 160 -unit rental townhome complex at Magnolia Lane and 18th Avenue North that was built in 1985. The City originally issued $9,190,000 in housing revenue bonds for this complex in 1984 and subsequently issued new bonds in 1989 for $8,600,000 to refund the original issue. The proposed bond issue would consist of $8,440,000 in tax exempt housing Regular Council Meeting December 19, 1995 Page 7 revenue refunding bonds and up to $3,060,000 in taxable housing revenue bonds for a total bond issue of $11,500,000. This refinancing is part of a restructuring of the ownership of the complex. Community Development Director Hurlburt stated that the City is under no obligation to refund the bonds for this complex. The terms under which the original bonds were issued provided for 20 percent of the units of Fox Forest to be occupied by persons at or below 80 percent of the metropolitan median income for a period of ten years. This ten-year period recently expired, however a refunding of the bond would extend this period for an additional six years. Base rents at Fox Forest are approximately $400 to $575 per month, above what is affordable to a family at 50 percent of median income. The owner's representatives have indicated that they do not consider it to be practical to provide such affordable units at this complex. As an alternative to providing such units at Fox Forest, staff and the City's bond counsel have negotiated a commitment from the owner to provide to the City's HRA $30,000 per year for the life of the bonds to be used to assist affordable housing in the City. Failure by the owner to make these payments would result in a default under the bond agreements. Under the terms of the bond sale, these payments would be made for approximately 10 years and for a maximum of 20 years. She stated that there would be no financial liability for the City, as with any other revenue bond issuance. She clarified that the $30,000 payments to the HRA per year would continue as long as the bonds are outstanding. She introduced bond counsel Dan Nelson. Mayor Tierney opened the public hearing at 7:33 p.m. on the housing program and granting preliminary approval for the issuance of multi -family housing revenue bonds for the Fox Forest Apartments project. Jack Rosberg, 200 Mill Street, Excelsior, represented the principal of the Fox Forest partnership. He requested approval by the City Council. Mayor Tierney closed the hearing. MOTION was made by Councilmember Edson, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-782 ADOPTING AN AMENDED AND RESTATED HOUSING PROGRAM FOR THE ISSUANCE OF MULTI -FAMILY HOUSING REVENUE BONDS AND GIVING PRELIMINARY APPROVAL FOR THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT OF APPROXIMATELY $11,500,000. Motion carried, six ayes. Regular Council Meeting December 19, 1995 Page s ITEM 7-B VACATION OF DRAINAGE AND UTILITY EASEMENTS, HOLLY CREEK 3RD ADDITION Public Works Director Moore presented the staff report for request of vacation of drainage and utility easements within Holly Creek 3rd Addition. He stated that Scherber Properties has received Council approval for the final plat of Holly Creek 4th Addition which incorporates Lots 4, 5, 6, 7, and 8, Block 4, Holly Creek 3rd Addition. The easements in their current location will no longer be necessary because the required drainage and utility easements will be dedicated on the final plat of Holly Creek 4th Addition. Mayor Tierney opened the public hearing on the request for vacation of drainage and utility easements within Lots 4, 5, 6, 7, and 8, Block 4, Holly Creek 3rd Addition. No one appeared, and the hearing was closed. MOTION was made by Councilmember Edson, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-783 AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS IN HOLLY CREEK 3RD ADDITION. Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-784 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF RESOLUTION 95-783 VACATING DRAINAGE AND UTILITY EASEMENTS WITHIN HOLLY CREEK 3RD ADDITION. Motion carried, six ayes. ITEM 8-A SET BALLOT LANGUAGE AND ELECTION DATE FOR RECREATIONAL FACILITIES Manager Johnson proposed a February 6 special referendum election for the purpose of authorizing the expenditure of $5,000,000 from the Community Improvement Fund to design, construct, and equip indoor ice arena facilities and swimming facilities. He stated that the planning for Downtown Plymouth is also underway, and one of the things identified in that process is that Downtown would benefit from having a recreational facility at 36th Avenue and Plymouth Boulevard. He stated that the City has been awarded a Mighty Ducks grant in the amount of 250,000. Eighty-seven communities sought the grant, and only twelve received a grant award. This award indicates that the City has developed partnerships and that ice facilities are needed in Plymouth. Manager Johnson stated that on November 27, the City Council held a study session on the issue of recreational facilities. He explained the proposed ballot language, and stated that a public hearing is proposed for January 22, 1996. Regular Council Meeting December 19, 1995 Page 9 He stated that the City Charter requires approval by the voters for any expenditure of funds from the Community Improvement Fund that exceeds $3,000,000. This proposed expenditure of $5,000,000 would still leave about half of the fund remaining for future use. The proposed ballot language specifies the amount and uses of the funds, and makes clear that the proposed funds are existing funds on hand with the City. It further clarifies that this measure is not a proposal for a bond issue and will not entail a tax increase to pay bonded indebtedness. February 6, 1996, is the earliest Tuesday date allowed by law for an election, which requires a 45 -day time period between the calling of the election and the election day. MOTION was made by Councilmember Edson, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-785 CALLING FOR A SPECIAL ELECTION RELATING TO THE EXPENDITURE OF COMMUNITY IMPROVEMENT FUNDS AND OTHER FUNDS. Councilmembers Lymangood and Wold summarized the report from the sports facilities task force. The task force recently completed its work and identified the need for ice arena facilities and swimming facilities as top priorities for the community. Citizens were urged to participate in the January 22 public hearing. Councilmember Anderson suggested that the last sentence of the ballot language be highlighted for emphasis so that there is no question that a tax increase will not be needed to pay bonded indebtedness for this period. Motion to amend was made by Councilmember Anderson seconded by Councilmember Wold, to place the last sentence of the ballot question in bold print: These are funds on hand and a tax increase will not be needed to pay bond indebtedness for this project. Motion to amend carried, six ayes. Motion as amended carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-786 ESTABLISHING JANUARY 22,1996, AT 7 P.M. AS SPECIAL CITY COUNCIL MEETING FOR PURPOSE OF PUBLIC HEARING ON PROPOSED USE OF COMMUNITY IMPROVEMENT FUNDS. Motion carried, six ayes. ITEM 8-B APPROVE LETTER OF INTENT WITH LIFETIME FITNESS Manager Johnson presented a letter from FCA, Limited, which develops and operates Lifetime Fitness Clubs throughout the Twin Cities area, offering to construct an approximately 110,000 square foot health/fitness club on City land Regular Council Meeting December 19, 1995 Page 10 located in Downtown Plymouth at 36th Avenue and Plymouth Boulevard. The letter offers to construct an additional leisure pool and an outdoor pool in addition to their usual lap pool in consideration of a payment of $1,500,000 by the City and assistance with certain outdoor site improvements. He stated that the letter also ensures daily admission to the entire club facilities by all Plymouth residents at a rate similar to that of other comparable community centers. In addition, the letter of intent states that the club would own, operate, maintain, and market the pool facilities in conjunction with the rest of the proposed club and guarantees no operating losses for the City. The letter also offers construction coordination of the City's proposed ice arena facilities and design services on the ice arena for a fee equal to 6 percent of the construction cost. Manager Johnson stated that since the City would construct the ice arena facility, the real issue is whether or not to invest $1,500,000 and some specified site work in order to receive the following: 1) construction of a large indoor leisure pool with water slide and lifeguards; 2) construction of a small outdoor leisure pool with lifeguards; 3) a reasonable daily fee admission to the entire club for all Plymouth residents; 4) no operating costs or deficits; 5) no maintenance costs; 6) marketing with the overall club complex; 7) construction coordination of the entire project, including the City ice arenas; 8) an agreement to provide these services for 30 years with provisions securing the City's interests; and 9) minimal liability since the City would not own or operate the pools. Manager Johnson stated that the City Council met on December 12 to discuss the recreational facilities issue and developed a list of items to be addressed with Lifetime Fitness Club. Lifetime has responded to those questions. He recommended that the City Council consider whether to continue with this process. He stated that the letter of intent from Lifetime Fitness Club is non- binding, and he proposed that any response of the City would also be non-binding. He presented several resolutions which the Council could adopt in order to implement the sports facility task force recommendations. He also recommended that the City Council Subcommittee could meet with the staff in the upcoming weeks to review the progress of the project and to recommend a final contractual agreement. He further recommended that the City Council conduct a joint meeting with the Park and Recreation Advisory Commission on January 3 to pursue the letter of intent and to consider public information efforts needed for the referendum. He introduced representatives of Lifetime Fitness. Councilmember Lymangood thanked Lifetime Fitness for responding to the City's letter quickly and in detail. He advised that these are significant decisions that the City is undertaking. He is comfortable with approving the non-binding letter of intent; however, there may be additional issues yet to be discussed and public meetings are needed. Regular Council Meeting December 19, 1995 Page 11 Manager Johnson explained that if the City approves the letter of intent as a non- binding proposal, it would have no legal effect. However, it would form the basis for the parties to negotiate a binding legal agreement. MOTION was made by Councilmember Edson, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-787 APPROVING THE LETTER OF INTENT FROM FCA, LIMITED. Councilmember Anderson stated that the issue of recreational facilities has been discussed in Plymouth for 20 years. He stated that it would cost the City as much as $14,000,000 to construct a community center that would be owned and operated solely by the City. In addition, significant annual operating deficits would be likely. Under this scenario, the City will be getting access to a $14,000,000 value in facilities with only a $2,000,000 City investment. He stated this is a rare opportunity and the City must act on it. Councilmember Granath stated that he will abstain on this vote. He has submitted his concerns in writing and they are available to the public. Councilmember Wold stated that he believes this project can be very positive for the City. This is a non-binding concept and he supports moving forward to pursue a formal agreement. Motion carried, five ayes; Granath abstained. MOTION was made by Councilmember Edson, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-788 ESTABLISHING A COUNCIL SUB -COMMITTEE TO REVIEW AND RECOMMEND PROPOSED CONTRACTUAL AGREEMENTS WITH FCA, LIMITED, APPOINTING MAYOR TIERNEY, COUNCILMEMBER GRANATH, AND COUNCILMEMBER ANDERSON, TO THE SUB -COMMITTEE. Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION 95-789 ESTABLISHING JOINT MEETING -PLYMOUTH CITY COUNCIL AND PLYMOUTH PARK AND RECREATION ADVISORY COMMISSION, ESTABLISHING A MEETING FOR JANUARY 3 BEGINNING AT 7 P.M. Motion carried, six ayes. Regular Council Meeting December 19, 1995 Page 12 ITEM 8-C (6-D) APPROVE ELM CREEK PLAYFIELD CONSTRUCTION BUDGET Councilmember Lymangood stated that the City Council is considering approval of the construction budget for the Elm Creek Playfield project. The construction budget is estimated at $1,600,000; however, several items would not be included in this project. For examples, he cited the lighting of soccer and football fields, and construction and maintenance of a multi-purpose building. He asked if staff is anticipating that those items would be added at some future date, and whether it would be more efficient to include those items at this time. Park Director Blank stated that disrupting the site later for those improvements would be more difficult. Underground wiring would have to be installed around existing irrigation systems and trails. Also, a temporary ground box would have to be constructed if the building is not done at this time. He estimated the cost for these two items as 450,000. Councilmember Lymangood suggested that the Council consider accepting the report and directing staff to consider a funding option for these two options now rather than waiting for some years at a greater cost. Manager Johnson stated that the City is completing its work on the Capital Improvements Program. The recommended construction budget of $1,600,000 would be the maximum currently included in the Capital Improvements Program. He stated that other funding sources could be considered, but the project should be included in the Capital Improvements Program in order to compare it to other projects. In response to questions by Councilmember Edson, Park Director Blank stated that the varsity baseball lighting was not intended in the first phase of the project. The tennis court lighting is also a secondary issue because it is unsure whether the tennis courts will be built by the school. Children's playground equipment can easily be added later, as well as the remote controls for the irrigation and lighting. MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to adopt RESOLUTION 95-790 APPROVING THE CONSTRUCTION BUDGET FOR THE ELM CREEK PLAYFIELD AS RECOMMENDED BY STAFF. Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to direct staff to provide a recommendation regarding possible funding sources and options for the lighting of the soccer/football fields, construction of the multi-purpose building, and installation of remote control irrigation and lighting as soon as possible. Councilmember Anderson requested Regular Council Meeting December 19, 1995 Page 13 that the recommendation include the estimated cost savings by acting now or delaying these projects for the future. Motion carried, six ayes. ITEM 9-A ESTABLISH SUBCOMMITTEE FOR BOARD AND COMMISSION MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 95-791 ESTABLISHING A SUBCOMMITTEE TO CONDUCT INTERVIEWS ON JANUARY 8 FOR BOARD AND COMMISSION APPOINTMENTS; APPOINTING MAYOR TIERNEY, AND COUNCILMEMBERS BLACK, WOLD, AND PREUS. Motion carried, six ayes. ITEM 9-B PLYMOUTH CITY CODE SECTION 200.23 Councilmember Anderson noted that Councilmember Helliwell has not been present at a regular meeting in December, 1995. He directed staff to provide a recommendation with regard to Plymouth City Code Section 200.23. He stated that subdivision 2 indicates that if a Councilmember fails to attend at least one council meeting in any month, the member shall forfeit their full salary for that month. Councilmember Lymangood recalled that in one previous situation a Councilmember was unable to attend meetings due to health reasons. He stated that staff should request the reason for the absence and in the future keep quarterly records of Council attendance and tardiness. He would like an investigation and explanation as suggested by Councilmember Anderson. Councilmember Granath asked if Section 200.23 provides a criminal, civil, or automatic penalty. He asked if any Council action is needed to enforce the ordinance. Attorney Knutson responded that the ordinance states that the Councilmember forfeits salary for the month; the forfeiture process is not indicated. Manager Johnson stated that paychecks may have already been issued for December, and the Council may have to determine whether the City would want to try to recover the funds. Mayor Tierney stated that the existing ordinance should be reviewed to determine whether amendments are needed. Councilmember Anderson stated that this violation relates to Councilmember Helliwell in the month of December in 1995. His concern is that a Councilmember should not receive payment when they are not doing their job. He stated that staff can either handle the matter internally, or provide a recommendation at the next regular Council meeting. Regular Council Meeting December 19, 1995 Page 14 MOTION was made by Councilmember Edson, seconded by Councilmember Wold, to adjourn the meeting at 8:37 P.M. Motion carried, six ayes. Lau 'e Ahrens ' City Clerk