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