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HomeMy WebLinkAboutCity Council Minutes 05-09-1994 SpecialMINUTES STUDY SESSION MAY 9, 1994 A study session of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Public Safety Conference Room, 3400 Plymouth Blvd., on May 9, 1994. PRESENT: Mayor Tierney, Councilmembers Anderson, Morrison, Granath, Edson, Lymangood, and Helliwell. ABSENT: None STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Finance Director Hahn, Community Development Director Hurlburt, Public Works Director Moore, Public Safety Director Gerdes, Park Director Blank, and City Clerk Rauenhorst. CAPITAL L%1PROVEMENTS PROGRAM Manager Johnson presented the proposed 1994-1998 Capital Improvements Program (CIP). He stated the Planning Commission will conduct a public hearing on the proposed CIP on May 25. The CIP is a five-year financial plan for capital improvements of the City - not binding approval of projects. He described the street portion of the Capital Improvement Program and asked for Council input on specific projects. Councihnember Helliwell stated the staff report discusses a one-year delay with the construction of Xenium Lane from 38th Avenue to Northwest Blvd. Manager Johnson stated this project may not be possible in 1994 due to difficulties in obtaining right-of-way necessary for the project. Public Works Director Moore explained that a traffic study is currently being conducted on this area and is anticipated to be completed by June 6. One significant consideration in the traffic study will be whether the Vinewood Lane intersection would be able to handle all the traffic without a Northwest Blvd. connection. Several Councihnembers expressed support for the Vinewood Lane connection, but expressed concerns about a connection with Northwest Blvd. Minutes - Study Session May 9, 1994 Page 2 Councilmembers next discussed several projects contained in the CIP relating to Zachary Lane. Councilmember Granath questioned whether the construction of 1) Zachary Lane/East Medicine Lake Blvd. - 36th Avenue to Medicine Ridge Road; 2) Zachary Lane from 36th Avenue to County Road 9; and 3) Zachary Lane from County Road 10 to County Road 9 should be grouped together, particularly since there are a number of residents present interested in these projects. Manager Johnson stated the City is aware that some people use these portions of Zachary Lane as a continuous route, and the Council should be conscious about the effects of one project on the others. However, they are proposed for construction in different years in the CIP. Councihnember Granath asked about the funding source for the proposal to expand Zachary Lane to a four -lane roadway. Director Moore stated that Zachary Lane/East Medicine Lake Blvd. from 36th Avenue to Medicine Ridge Road is proposed at 36' wide and would still be one lane each way with parking, based on the preliminary design work done in 1986-7. The width of the other portions of Zachary Lane proposed for construction are undetermined because no design work has been done. Mayor Tierney asked if trails or bike lanes are proposed with the Zachary Lane project. Staff responded that a regional trail is proposed along Medicine Lake. Councihnember Lymangood suggested that the preliminary study on Zachary Lane should be reconsidered given that it was done over five years ago. He favors studying the entire Zachary Lane corridor to consider street width alternatives. He stated that bike lanes/trails may be in greater demand than parking lanes. Councihnember Edson stated that the City usually restricts access on four -lane roadways. He is concerned about the traffic impacts on the 26th Avenue area and is not in favor of four -lanes for the southern portion of Zachary Lane. Public Works Director Moore stated a corridor study will take three to four months to complete. Staff can supply proposals for the study for Council consideration. Councihnember Anderson requested that a tentative schedule be provided at the CIP public hearing on May 25 so residents know the status of the project. Minutes - Study Session May 9, 1994 Page 3 Councihnember Helliwell stated that she had understood previously from staff that four -lanes would eventually be needed on Zachary Lane. Director Moore stated the Transportation Plan indicates that four -lanes are needed for only portions of Zachary Lane. The Plan does not indicate a need for four -lanes on Zachary Lane on the entire length from County Road 10 to 36th Avenue. Manager Johnson reviewed the park portion of the CIP. He explained that Option 1 of the staff report provides for full development of the 9th Playfield in five years. Option 2 would provide for grading only, and Option 3 provides for grading and development of four ballfields. The Council discussed the three options and possible funding sources. Finance Director Hahn reported that the balance of the Community Improvement Fund is anticipated to be $9,064,000 by the end of 1994. Councihnember Edson stated the report of the Open Space Committee is needed to fully consider the park portion of the CIP. He expressed concerns about the source of funds to meet the expectations that may be created by their report. He noted that the City of Maplewood conducted a referendum on the issue of purchasing open space, and he believes that the Council should establish its philosophy on the open space issue. In response to a question by Councihnember Anderson, Director Hahn stated there has been no spending from the Community Improvement Fund since it was created by City Charter in 1993. Manager Johnson recommended that the City Council support Option 2 as a minimum alternative. This would ensure that the City could participate with School District 284 on site grading if the construction of the new high school moves forward. Councilmember Lymangood stated the City Council has these opportunities because of the fund balances established through past work of the City. He stated the Council should provide direction to staff on what they would like accomplished and staff should propose funding alternatives. He supports Option 3 of acquiring the 9th Playfield site and developing four ballfields on the site, which would move adult teams from Zachary Playfield and freeing that field for youth. He also supports delaying the West Medicine Lake project for one year, and putting the 10th Playfield site in the CIP in a future year. Minutes - Study Session May 9, 1994 Page 4 Councilmember Granath stated he would support this approach. He is not hearing an urgent desire from citizens to get the West Medicine Lake Park developed. Mayor Tierney asked if Councilmembers are interested in developing the four ballfields at the 9th Playfield even if the school district does not go ahead with the new high school construction. Councihnembers Lymangood and Anderson stated the four ballfields are needed and the project should move ahead regardless of the school district's actions. Park Director Blank stated that by the end of 1994, the Council should have answers to many questions and will know whether the school district will be moving ahead with construction. Councilmember Lymangood asked if there are any other possible sources of funding to consider. Director Blank stated that staff will soon be proposing that the City sell two surplus properties that may net the City about $227,000. Councihnember Edson stated his only concern about delaying West Medicine Lake Park by one year is that the $2 million proposed in the CIP for 1994 is for road construction - not park development. He would like additional information on the need and cost for that road with and without park development. Councilmember Anderson suggested that the staff could consider a purchase option or right of first refusal for the 10th Playfield site. Councilmember Anderson asked if the City has any relationship with the "Kids for Saving Earth" organization which is listed in the CIP for a $36,000 park expenditure. Director Blank stated the description was used only for site identification purposes. The organization and City had previously discussed the possibility of developing a nature park on the site, but the City has no formal ties with that organization. The site is owned by the City. Councilmember Anderson stated he supports Option 3 for development of the four ballfields on the 9th Playfield site with the condition that there are no new taxes, no increase in the City tax rate, and the expenditures are consistent with the Community Improvement Fund ordinance. Minutes - Study Session May 9, 1994 Page 5 Councilmembers expressed support for Option 3 with the modifications as outlined by Councilmember Anderson. Councilmember Granath stated he has been contacted by residents who indicate that some park land has deteriorated (they cited an area behind the West Medicine Lake Community Club property). There are areas where significant dumping has occurred, and residents have installed fences on City property. He asked if the CIP should include funds for this type of correction. Director Blank stated general clean-up is not included in the CIP, but is included in the regular park maintenance budget. CITY CENTER EXPANSION The City Council considered the proposed City Center expansion project. In response to a question from Councilmember Lymangood, Manager Johnson stated no funds are proposed from the Community Improvement Fund for this project. Property Management Coordinator Tabery briefly reviewed the proposed project. He stated that improvements to the Council Chambers would be considered as a separate project because additional architectural design work is needed. Staff will return in June with further design work on this part of the project. The Council discussed the audio/visual improvements needed in the Council Chambers. Mayor Tierney expressed concern that some audience seating may be lost with larger video equipment. Coordinator Tabery stated there are options available so that no seating would be lost. Assistant Manager Lueckert stated a video has been developed that will be shown at the May 16 public hearing on this issue. The Council directed staff to proceed with preparations for the public hearings on May 16 and June 6. CITY ATTORNEY SERVICES Manager Johnson provided the City Council with copies of previous staff reports on City Attorney services and summarized the current services with Best and Flanagan. He stated that in January, 1994, Best and Flanagan determined that Allen Barnard would be the primary contact for the City of Plymouth, Minutes - Study Session May 9, 1994 Page 6 rather than Bob Meller. Manager Johnson stated he has not formally approved this change, but he believes the City has benefited from Mr. Barnard's extensive municipal legal experience. Councilmember Anderson asked when the current contract expires for legal services. Manager Johnson responded that there is no specific ending date of the contract. Councilmember Morrison expressed concerns about the proposal to change to in-house legal services given the scope of services needed by the City. She is not convinced that two or three in-house attorneys could cover the spectrum of issues generated. She stated that with a contracted law firm, the City has access to a range of specialties and resources. Manager Johnson agreed that this is important. He stated that Allen Barnard brings a significant amount of municipal experience to the City; however, there are other issues where the current law firm may be weak. He believes it is possible to blend in-house and contract attorney services. Councilmember Morrison asked who is handling the City's tax abatement cases. Finance Director Hahn stated the County Attorney represents the City in those cases, and the City Assessor believes they are doing a good job. Councilmember Anderson suggested that Councilmembers share their opinions on in-house vs. contract attorneys. Councilmember Granath stated that Best and Flanagan is the opposing counsel in a case his firm is involved in, so he will not be participating in the discussions of whether or not to retain them. In general, he favors an outside firm rather than in-house attorneys. He is concerned that if in-house counsel is hired, almost every legal issue will have to hired out as it arises. This will likely increase the City's cost for legal services. Councilmember Granath again stated that he will not be participating in the discussion and left the meeting at 8:50 p.m. Manager Johnson stated he has spoken with the Minnetonka City Attorney who believes that many qualified attorneys would apply for an in-house position. Councilmember Helliwell stated she is opposed to in-house attorneys. The City Center does not have sufficient office space, it would be too costly, and Minutes - Study Session May 9, 1994 Page 7 expertise gained with a large law firm would be lost. If the City had one in- house attorney, all work would be contracted out anyway. Councilmembers Edson and Anderson agreed with these concerns. Mayor Tierney stated the Council needs to determine whether the change from Bob Meller to Allen Barnard as City Attorney is workable. Manager Johnson stated that under the City Charter, he is to appoint the City Attorney which must be approved by the City Council.. He does not believe there will be an advantage in moving to another firm. He stated that although there would not likely be a cost savings from changing to an in-house attorney, he believes it would be a significant advantage to staff. He stated that municipal law has become a specialty of its own, and the City should test the market to determine if qualified applicants are available. He believes that about 80 percent of the work could be done in-house, and that there are qualified applicants. The City would gain the advantage of additional administrative skills by having an in-house attorney. He believes the City should try a two track approach of advertising for in-house and contract attorneys. Councilmember Anderson stated he is also concerned about the costs of a law library and other expenses associated with in-house legal services. Councilmember Helliwell stated the City Council counts on the City Attorney a great deal for sound legal advice, and she believes a new firm is needed. She stated the firm should have experience in developing communities. Councilmember Lymangood stated that it is the responsibility of the City Manager to select a City Attorney for Council confirmation. He is waiting for the City Manager to make a nomination so the Council can act on it. Manager Johnson expressed his recommendation that proposals should be requested for in-house and contract legal services. Councilmember Morrison shared her experience of previously working in the Hennepin County Attorney's office where they did prosecution for the City of Minneapolis. She stated a broad base of municipal experience is needed, and it took many attorneys to cover the various specialty fields and issues that arose. Councilmember Helliwell again stated she will not support in-house attorneys. Minutes - Study Session May 9, 1994 Page 8 Councihnember Lymangood suggested that criminal and civil services could be separated in the proposal requests. He noted that the Public Safety Department has been pleased with the services provided by Prosecutor John Boyle. Public Safety Director Gerdes agreed that they have been well served, but stated that the designation of the prosecutor within the law firm could change at any time. Councilmember Morrison stated she has major concerns about in-house attorney services for Plymouth, but she does not object to requesting proposals both ways to see what is received. Councilmember Edson stated he feels strongly about staying with contract legal services for reasons of expertise and independence. It is important that the Council receive an independent viewpoint from an attorney who is not an employee of the City. He believes that one of the errors made by the previous City Manager when requesting proposals was a requirement that firms be full- service to be considered. That provision excluded many firms. Councihmember Edson stated that he likely will not be able to vote on the issue of legal services for the City because a large portion of his firm's revenue is derived from litigation support services. This would pose a conflict of interest for him and he will be abstaining from participating in the process of selecting a firm. He noted that he is participating in this separate discussion of in-house vs. contract attorneys from a philosophical perspective. Councihnember Anderson questioned whether the City would receive affordable proposals from qualified individuals. He believes in-house services will cost the City more and he likes the professionalism of a large law firm. He stated that the City Manager could require a contract attorney to have office or telephone hours at the City Center if desired. Mayor Tierney stated that she does not believe it is appropriate to have Bob Meller designated as the City Attorney when Allen Barnard is now attending Council meetings and is the primary contact at the law firm for the City. She stated there are positive aspects to this change, but she has had a problem with this law firm since several years ago when certain councilmembers were eliminated from communications with the law firm. She would support receiving proposals for legal services and stated that a proposal from the current firm would be considered along with others received. Mayor Tierney supported requesting proposals for both in-house and contract attorneys. Minutes - Study Session May 9, 1994 Page 9 Councilmember Helliwell stated the issue of "independent" counsel as discussed by Councilmember Edson is critical. She does not favor requesting proposals for in-house services because it is a waste of staff, Council, and applicants' time unless the majority of the Council supports the concept of in-house services. Councilmember Edson stated that entrepreneurial spirit is another benefit brought by contract attorneys. Manager Johnson stated the Council and Manager share the responsibility for appointment of a City Attorney under the Charter. He would like the Council to remain open-minded about the possibility of in-house legal services, and he will do the same with respect to contracted services. Councilmember Anderson stated there does not appear to be Council support for pursuing the option of in-house legal services. He believes it is a waste of time to request proposals unless the Council supports it. Mayor Tierney and Councilmember Morrison stated they are open to receiving proposals both ways. Councilmembers Edson, Helliwell, and Anderson indicated they will only consider contracted service. Councilmember Lymangood stated his preference is to change from the Best and Flanagan firm with the possible exception of criminal, and he has a strong bias to contract firms. Councilmember Edson stated that proposals can be received both ways, but he has severe concerns about in-house services. He requested that staff determine whether an interim appointment of Allen Barnard as City Attorney should be made. Mayor Tierney stated she prefers to not participate in an interim appointment. Councilmember Morrison stated the staff should determine whether there is a legal concern with the current situation and recommend an interim appointment if needed. Councilmember Lymangood stated that whatever method is chosen, he wants a smooth transition. Manager Johnson stated he will request proposals for both in-house and contract legal services. Minutes - Study Session May 9, 1994 Page 10 Councilmember Edson requested that the Council receive regular reports on the status of applications received and the appointment process. Councihnember Helliwell stated she would like the process completed in 90 days. The meeting was adjourned at 9:35 p.m. i Cit Clerk