HomeMy WebLinkAboutCity Council Minutes 05-03-1993MINUTES
REGULAR COUNCIL MEETING
MAY 39 1993
The regular meeting of the Plymouth City Council was called to order by Mayor Bergman
at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on May 3,
1993.
PRESENT: Mayor Bergman, Councihnembers Edson, Helliwell, Tierney, and Vasiliou
ABSENT: None
STAFF PRESENT: City Manager Johnson, Public Works Director Moore, Community
Development Director Dillerud, Public Safety Director Gerdes, Finance Director Hahn,
Park and Recreation Director Blank, City Attorney Meller, and City Clerk Rauenhorst
ITEM 4-A PROCLAMATION OF OLDER AMERICANS MONTH
Mayor Bergman proclaimed May to be Older Americans Month and presented the
proclamation to Bill Gavaras and Marty Guritz.
ITEM 4-B OVERVIEW OF NEW PARK PATROL PROGRAM
Park Superintendent Peterson presented an overview of the new Park Patrol
Program. He described the program purpose and goals, patrol schedule, duties,
and possible enforcement activities.
Councilmember Vasiliou asked staff about costs associated with the program,
specifically with respect to the proposed vehicle.
Supt. Peterson stated the program costs are budgeted in the park maintenance
budget. The City will initially use City trucks with magnetic park patrol sticker
and City radio. The ideal vehicle would be a 4 -wheel drive vehicle, such as a Ford
Explorer or an S-10 Blazer because it has the capability of carrying the bike patrol
equipment, but the program will start using an existing City vehicle.
Councilmember Vasiliou stated that if it becomes necessary to have a new vehicle
for the program, it should be considered as part of the 1994 budget request.
ITEM 5 APPROVE AGENDA
Councilmember Edson added Item 9-B-2 to the agenda - Alternatives for Bid
Process on Senior Citizen Housing Project.
Regular Council Meeting
May 3, 1993
Page 2
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to approve the agenda as amended.
Motion carried on a roll call vote, five ayes.
ITEM 6 CONSENT AGENDA
Items 6-A, 6-B, and 6-C were removed from the Consent Agenda.
Councilmember Vasiliou requested that a nay vote be cast for her on Item 6-S.
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to approve the Consent Agenda as amended.
Motion carried on a roll call vote, five ayes.
ITEM 6-A APPROVE CITY COUNCIL MINUTES
Councilmember Vasiliou stated that Councilmember Helliwell had voted nay on
Item 6-0 of the April 19 minutes because it related to Schmidt Lake Road;
however, the item actually referenced Northwest Blvd.
Councilmember Helliwell stated her original nay vote can stand.
Councilmember Vasiliou added the language "providing the previous City
Attorney bills were audited as well' to Page 22 of the April 19 minutes. She also
changed the word "urged" to "suggested" in the second paragraph of Page 23,
April 19 minutes.
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Edson, to approve the City Council minutes of the April 5 Study Session and the
April 19 Regular Meeting as amended.
Motion carried on a roll call vote, five ayes.
ITEM 6-13 AMENDMENT TO COMPREHENSIVE PLAN TO RELOCATE
COMMUNITY PLAYFIELD AT PEONY LANE AND SOO LINE RAILROAD
Councilmember Vasiliou stated the Council recently received a memo from the
City Manager regarding a meeting with School District 284 representatives. The
memo indicated that the future City Community Playfield site and the School
District site are being considered independent of each other. However, the staff
Regular Council Meeting
May 3, 1993
Page 3
report on the proposed amendment to the Comprehensive Plan to relocate the
Community Playfield at Peony Lane and the Soo Line Railroad indicates that the
sites may be the same.
Manager Johnson stated it is still a possibility that the school district and City
could purchase a joint site; however, they are purchasing separately at this time.
Councilmember Vasiliou suggested that future issues relating to this Community
Playfield refer only to the City site. She asked if the City has communicated with
the owners of Elm Creek Golf Course regarding this proposal. She noted that
many Plymouth residents are inquiring about passive uses in this area and asked
that staff and the Park and Recreation Advisory Commission consider this.
Community Development Director Dillerud stated Elm Creek Golf Course
representatives attended the public hearing on this item. The proposed amendment
does not include any property owned by the Elm Creek Golf Course.
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Edson, to adopt RESOLUTION 93-220 APPROVING AMENDMENT TO
THE PARK AND TRAIL ELEMENT OF THE COMPREHENSIVE PLAN,
regarding the relocation of a Community Playfield for property located at the
northwest corner of Peony Lane and the Soo Line Railroad.
Motion carried on a roll call vote, five ayes.
ITEM 6-C ORRIN THOMPSON HOMES. RPUD CONCEPT PLAN PREL
PLAN/PLAT, CUP, REZONING, SUBD. CODE VARIANCE (92115)
Community Development Director Dillerud stated the Planning Commission
recommended approval of the request of Orrin Thompson Homes for Residential
Planned Unit Development Concept Plan; Preliminary Plan/Plat and Conditional
Use Permit; and, Rezoning from FRD to R-lA and R-2, located at the southeast
corner of Old Rockford Road and Dunkirk Lane. The proposal is to develop a
110.5 acre site into 173 single family detached units and 86 twinhome units,
including a Subdivision Code Variance for cul-de-sac length. The Council
previously denied an earlier design for this site. That denial action was primarily
based on the then proposed location for the twinhome units at the northerly
extremity of the site, adjacent to Old Rockford Road and Dunkirk Lane.
The new PUD differs from that which was denied by reducing the number of
twinhome units from 104 to 86 and relocating the majority of the units south of
Plymouth Creek. The plan retains one tier of twinhome units immediately north of
the creek. Director Dillerud stated that several residents objected to the
twinhomes being north of the creek in the new design. The Planning Commission
Regular Council Meeting
May 3, 1993
Page 4
and staff feel the creek and wooded area represent resources to the site and
support the new design.
Director Dillerud stated that one issue raised by the developer at the public hearing
was a request to grade the site prior to approval of the Land Use Guide Plan
Amendment by the Metropolitan Council. The Planning Commission
recommended approval of the request. Staff doesn't think the request poses a
significant problem, and the grading approval is included in the draft resolution.
Councilmember Helliwell asked what is located to the east of the proposed
twinhomes.
Director Dillerud stated the school playfield and a single family home on a very
large site is located to the east.
Mayor Bergman asked the developer whether common areas are proposed for the
lots on Dunkirk Lane and Old Rockford Road.
Bill Pritchard, U.S. Homes, stated that berming and landscaping is proposed
between the lots and Dunkirk Lane and Old Rockford Road. The specific proposal
will be refined at the Final Plat stage. Maintenance will be the responsibility of the
homeowners up to the trail.
Mayor Bergman noted experiences in other subdivisions where owners can have
very different ideas about appropriate landscaping. He asked the developer to
ensure that the grading, if approved, is done adequately to ensure that mowing is
easy for the homeowners.
Councilmember Vasiliou asked what was unique about this application to warrant
approval of the developer's grading request.
Director Dillerud stated the developer's concern is that the Metropolitan Council's
approval of the Land Use Guide Plan Amendment could be time extensive.
Greg Frank; McCombs, Frank, Roos, and Anderlik; requested that Item 257 of the
Engineer's Memorandum be deleted. This states that the "Grading plan shall be
modified to include a mitigation area for the wetland filling necessitated with the
construction of New County Road 9". He stated that this development does not
abut County Road 9, and the City Engineer previously indicated that this condition
could be deleted.
Public Works Director Moore stated staff has no objection to deleting Item 257.
Regular Council Meeting
May 3, 1993
Page 5
Mr. Pritchard requested that Condition 31 of the proposed resolution be amended
to allow that Final Plat approval for the area south of Plymouth Creek could be
accepted by the City prior to award of contracts for construction of Dunkirk Lane
and Old Rockford Road. He suggested that an area within 500' of New County
Road 9 be designated, rather than the entire area south of the creek.
Director Moore recommended that the original Condition 31 be retained. He
stated the Council needs to consider assessment methods for New County Road 9
improvements which may affect this proposed plat.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-221 APPROVING RESIDENTIAL
PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR ORRIN
THOMPSON HOMES LOCATED SOUTHEAST OF COUNTY ROAD 9
AND DUNKIRK LANE (92115), deleting Condition 25J of the Engineer's
Memorandum relating to mitigation for wetland filling.
Motion carried on a roll call vote, four ayes, Vasiliou nay.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-222 APPROVING RESIDENTIAL
PLANNED UNIT DEVELOPMENT PRELIMINARY PLAT/PLAN,
CONDITIONAL USE PERMIT AND SUBDIVISION VARIANCE FOR
ORRIN THOMPSON HOMES, INC. LOCATED NORTHEAST OF
COUNTY ROAD 9 AND DUNKIRK LANE (92115), deleting Condition 25J
of the Engineer's Memorandum relating to mitigation for wetland tilling.
Motion carried on a roll call vote, four ayes; Vasiliou nay.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to adopt ORDINANCE 93-7 AMENDING THE ZONING
ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED
SOUTHEAST OF COUNTY ROAD 9 AND DUNKIRK LANE AS R -1A
LOW DENSITY SINGLE FAMILY RESIDENTIAL) AND R-2 (LOW
DENSITY MULTIPLE RESIDENCE) (92115).
Motion carried on a roll call vote, four ayes; Vasiliou nay
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-223 SETTING CONDITIONS TO BE
MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND
FOR ORRIN THOMPSON HOMES FOR PROPERTY LOCATED AT
THE SOUTHEAST CORNER OF OLD ROCKFORD ROAD AND
DUNKIRK LANE (92115).
Regular Council Meeting
May 3, 1993
Page 6
Motion carried on a roll call vote, four ayes; Vasiliou nay.
ITEM 6-D NEW CENTURY HOMES. PREL. PLAT AND REZONING (93018)
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to adopt RESOLUTION 93-224 APPROVING PRELIMINARY PLAT FOR
NEW CENTURY HOMES, INC. FOR KIMBERLY WOODS ADDITION
LOCATED SOUTHWEST OF HOLLY LANE AND OLD ROCKFORD
ROAD (93018).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to adopt ORDINANCE 93-8 AN ORDINANCE AMENDING THE ZONING
ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED
SOUTHWEST OF HOLLY LANE NORTH AND ROCKFORD ROAD AS
R -1A (LOW DENSITY SINGLE FAMILY RESIDENTIAL) (93018).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to adopt RESOLUTION 93-225 SETTING CONDITIONS TO BE MET
PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR
NEW CENTURY HOMES INC. LOCATED SOUTHWEST OF HOLLY
LANE AND OLD ROCKFORD ROAD (93018).
Motion carried on a roll call vote, five ayes
ITEM 6-E GWENDOLYN WELLS. LOT DIVISION AND VARIANCE (93020)
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to adopt RESOLUTION 93-226A APPROVING LOT DIVISION AND
VARIANCE FOR GWENDOLYN WELLS LOCATED AT 445 QUANTICO
LANE NORTH (93020). .
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to adopt RESOLUTION 93-226B SETTING CONDITIONS TO BE MET
PRIOR TO FILING OF AND RELATED TO LOT DIVISION AND
VARIANCE FOR GWENDOLYN WELLS LOCATED AT 445 QUANTICO
LANE NORTH (93020).
Regular Council Meeting
May 3, 1993
Page 7
Motion carried on a roll call vote, five ayes.
ITEM 6-F APPLICATION OF PLYMOUTH LIONS FOR TEMPORARY 3.2
LIQUOR LICENSE
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to adopt RESOLUTION 93-227 APPROVING TEMPORARY 3.2 LIQUOR
LICENSE FOR PLYMOUTH LIONS CLUB, for an event on May 15 and
16.
Motion carried on a roll call vote, five ayes.
ITEM 6-G APPLICATION FOR TAXI DRIVER LICENSE
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to adopt RESOLUTION 93-228 APPROVING TAXI DRIVER LICENSE
FOR ERIC WAYNE MORGAN.
Motion carried on a roll call vote, five ayes.
ITEM 6-H CANCELLATION OF LEASE FOR OUTDOOR ADVERTISING
SIGN
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to direct the City staff to send a notice of cancellation to Naegele Outdoor
Advertising Company canceling Ground Lease No. 9735 effective March 1, 1994,
on property purchased by the City of Plymouth.
Motion carried on a roll call vote, five ayes.
ITEM 6-I RESOLUTION SUPPORTING ELM CREEK INTERCEPTOR
FACILITY PLAN
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to adopt RESOLUTION 93-229 SUPPORTING THE ELM CREEK
INTERCEPTOR FACILITY PLAN AND ITS INCLUSION IN THE
METROPOLITAN WASTE WATER TREATMENT AND HANDLING
IMPLEMENTATION PLAN.
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
May 3, 1993
Page 8
ITEM 6-J WETLAND MITIGATION PLAN FOR PLYMOUTH CREEK
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to adopt RESOLUTION 93-230 APPROVING WETLAND MITIGATION
PLAN, U.S. HOMES (PLYMOUTH CREEK HEIGHTS).
Motion carried on a roll call vote, five ayes.
ITEM 6-K CERTIFICATE OF EXEMPTION FROM 1991 WETLANDS ACT
FOR PARKERS LAKE NORTH 9TH ADDITION
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to adopt RESOLUTION 93-231 AUTHORIZE THE MAYOR TO SIGN THE
CERTIFICATE OF EXEMPTION AND FINDINGS OF FACT FORM,
WETLAND ACT OF 1991, PARKERS LAKE NORTH 9TH ADDITION.
Motion carried on a roll call vote, five ayes.
ITEM 6-L COUNTY ROAD 24/MEDINA ROAD IMPROVEMENTS, PROJECT
031
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to adopt RESOLUTION 93-232 APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS,
COUNTY ROAD 24/MEDINA ROAD IMPROVEMENTS - PHASE I, CITY
PROJECT NO. 031.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to adopt RESOLUTION 93-233 CONFIRMING INTENT TO COMPLETE
CITY PROJECT NO. 031 (PHASE II) PER REQUEST OF THE
MINNESOTA DEPARTMENT OF TRANSPORTATION, CITY PROJECT
NO. 031.
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
May 3, 1993
Page 9
ITEM 6-M NO PARKING ON VICKSBURG LANE AND 36TH AVENUE
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to adopt RESOLUTION 93-234 AUTHORIZING THE INSTALLATION OF
NO PARKING" SIGNS ON 36TH AVENUE NORTH BETWEEN STATE
HIGHWAY 169 AND ZACHARY LANE.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to adopt RESOLUTION 93-235 AUTHORIZING THE INSTALLATION OF
NO PARKING" SIGNS ON VICKSBURG LANE BETWEEN SCHMIDT
LAKE ROAD AND STATE HIGHWAY 55.
Motion carried on a roll call vote, five ayes.
ITEM 6-N AUTHORIZING TRAIL ON VICKSBURG LANE FROM HIGHWAY
55 TO COUNTY ROAD 9
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to adopt RESOLUTION 93-236 AUTHORIZING TRAIL ALONG
VICKSBURG LANE FROM STATE HIGHWAY 55 TO COUNTY ROAD
9, 1993 STREET RECONSTRUCTION PROJECT, CITY PROJECT NO.
301.
Motion carried on a roll call vote, five ayes.
ITEM 6-0 AWARD IMPROVEMENT PROJECT CONTRACTS
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to adopt RESOLUTION 93-237 AWARDING BID, 1993 STREET
RECONSTRUCTION, CITY PROJECT NO. 301.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to adopt RESOLUTION 93-238 AWARDING BID, BRIDLEWOOD FARM
3RD ADDITION, CITY PROJECT NO. 304.
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
May 3, 1993
Page 10
ITEM 6-P ALL WAY STOP SIGN AT 34TH AVENUE AND URBANDALE
LANE
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to adopt RESOLUTION 93-239 INSTALLATION OF "ALL -WAY" STOP
SIGN, at 34th Avenue and Urbandale Lane.
Motion carried on a roll call vote, five ayes.
ITEM 6-0 AUTHORIZING TREE PLANTING ALONG SOUTH SHORE DRIVE
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to adopt RESOLUTION 93-240 AUTHORIZING TREE PLANTING
ALONG SOUTH SHORE DRIVE.
Motion carried on a roll call vote, five ayes.
ITEM 6-R WEST MEDICINE LAKE PARK
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to adopt RESOLUTION 93-241 AUTHORIZING A NEW MASTER PLAN
FOR WEST MEDICINE LAKE CITY PARK.
Motion carried on a roll call vote, five ayes.
ITEM 6-S DISBURSEMENTS FOR PERIOD ENDING 4-30-93
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to adopt RESOLUTION 93-242 APPROVING DISBURSEMENTS FOR
THE PERIOD ENDING APRIL 30, 1993.
Motion carried on a roll call vote, four ayes; Vasiliou nay.
ITEM 6-T PLYMOUTH HOUSING ALLIANCE LOT AT COUNTY ROAD 9
AND FERNBROOK LANE
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to adopt RESOLUTION 93-243 FORMATION OF A 501C3 NONPROFIT
CORPORATION FOR THE PLYMOUTH HOUSING ALLIANCE.
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
May 3, 1993
Page 11
ITEM 6-U DEVELOPMENT CONTRACT BOND REDUCTION
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to adopt RESOLUTION 93-244 REDUCING DEVELOPMENT BOND FOR
PARKERS LAKE NORTH 7TH ADDITION (91103).
Motion carried on a roll call vote, five ayes.
ITEM 7-A APPLICATION OF LIQUOR EXPRESS INC.. FOR OFF -SALE
INTOXICATING LIQUOR LICENSE
Clerk Rauenhorst presented the staff report on the application of Liquor Express,
Inc., 12 Nathan Lane, for an off -sale intoxicating liquor license. This location is
currently licensed to Kenny's Inc., and the license was recently suspended as the
result of a liquor violation. The final day of the suspension is May 5, and she
asked that the Council designate the effective date of the new license.
Mayor Bergman opened the public hearing at 7:37 p.m. on the off -sale intoxicating
liquor license application of Liquor Express Inc., 12 Nathan Lane. No one
appeared, and the hearing was closed.
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-245 APPROVING OFF -SALE
INTOXICATING LIQUOR LICENSE FOR LIQUOR EXPRESS, INC., 12
NATHAN LANE, establishing an effective date of May 6.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-246 APPROVING 1993 CIGARETTE
LICENSE APPLICATION for Liquor Express Inc., 12 Nathan Lane.
Motion carried on a roll call vote, five ayes
ITEM 8-A JAMES MERKEL APPEAL OF MASSAGE CERTIFICATE DENIAL
Attorney Meller stated that James Merkel recently submitted an application for a
massage certificate in the City of Plymouth. The application was investigated and
recommended for denial by the Public Safety Director. The application was denied
by the City Manager, and Mr. Merkel has requested to appeal the denial. Attorney
Meller stated that all of the license materials are classified as private under the
Minnesota Data Practices Act, and he recommended that the Council reference
Regular Council Meeting
May 3, 1993
Page 12
items in the staff report by page number only. Mr. Merkel has been provided a
copy of the staff report for review.
Public Safety Director Gerdes cited the four page investigation report on the
application, and stated the reasons for denial are outlined in the staff report.
Councilmember Vasiliou asked where the business would be located and if the use
is permitted in this location. She also asked if Mr. Merkel is working
independently or as an employee of the owner.
James Merkel, license applicant, stated the information in the staff report was a
surprise to him. He stated he has recently completed another test not noted in the
report. He provided the Council with a letter of reference from his previous area
supervisor, noting that there are conflicting stories from his previous employer.
Mr. Merkel stated his previous supervisor could not attend the meeting, but would
be willing to attend a future meeting if the item could be deferred. He stated he
will be working for Jim Yunger, the owner of The Gym.
Jim Yunger, owner of The Gym, stated Mr. Merkel would be an employee of The
Gym.
Community Development Director Dillerud stated that if Mr. Merkel is an
employee of The Gym, the use would be permitted because it is a health and fitness
facility.
Mr. Merkel requested that the Council defer the appeal if there were unanswered
questions so he could arrange for his previous supervisor to attend a future
meeting.
Councilmember Vasiliou asked what relevance additional information would have
on the Public Safety recommendation of denial.
Attorney Meller stated it could give another explanation of the items referenced in
the report.
Director Gerdes stated there would be the potential to reinvestigate the
information contained in the reference letter provided this evening as well.
MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell,
to direct staff to continue the investigation on the appeal of the denial of a massage
certificate for James Merkel.
Motion carried, five ayes.
Regular Council Meeting
May 3, 1993
Page 13
ITEM 8-B DETERMINATION OF NEW STATUS FOR PUBLIC LIBRARY
Mayor Bergman stated Hennepin County Library Board representatives were
unable to attend this meeting and they requested that determination of the new
status for the public library site at 36th Avenue North and Vicksburg Lane be
deferred.
Councilmember Edson supported deferral of the item because the Council does not
know if Hennepin County concurs with the City proposed alternative. He asked
why the City has not received a copy of the purchase agreement executed by
Hennepin County.
Director Dillerud stated that the Hennepin County Library Board representatives
have been provided a copy of the staff report.
Councilmember Vasiliou also expressed concerns that the purchase agreement may
be unexecuted. She noted that the Council held a special meeting to discuss the
library site issue with Hennepin County representatives. She has been contacted
by Downtown Plymouth property owners who feel that the County is not being
held to the same standards as private developers on th s land use related issue.
Councilmember Helliwell asked if the purchase agreement has been signed by the
City.
Attorney Meller stated the City has signed the agreement and forwarded it to
Hennepin County to be executed.
Councilmember Tierney suggested that staff contact Hennepin County for written
confirmation that the purchase agreement has been executed. Also, if the County
concurs with the staff recommendation with respect to the status of the library site,
there may be no reason for the County representatives to attend the Council
meeting.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to defer this issue to the next meeting, and to direct staff to contact
Hennepin County Library representatives Rohlf and Shannon to determine whether
the purchase agreement has been executed by the County and whether the
proposed resolution with respect to the status of the library site is acceptable to
them.
Motion carried, five ayes.
Regular Council Meeting
May 3, 1993
Page 14
ITEM 8-C REQUEST TO PARTICIPATE IN SANITARY SEWER REPAIR IN
SUNSET VALLEY HOMES 2ND ADDITION
Public Works Director Moore presented the staff report on the request to
participate in sanitary sewer repair in Sunset Valley Homes 2nd Addition. He
stated that previous to any development in this area, the City constructed a
sanitary sewer to serve the existing homes around the Beacon Heights School in
the mid 1960's. During the subsequent development of this area by Mr. Henning,
the City's existing sanitary sewer has been damaged and must be repaired.
Director Moore stated the sewer was televised in 1988 and showed no damage at
that time. In 1989, the developer installed the lateral sanitary sewer, watermain,
and curb and gutter. When the sewer was televised again in 1992, the sewer had
settled about 10" for a distance of 150'. He stated the developer stockpiled
material over the sewer which caused the soil to compress and the sewer to settle.
The developer has not proceeded with recording of his final plat, and has proposed
that the cost of the repairs be shared in thirds by the City, the developer, and the
future purchasers of the lots. The developer has now sold the lots to Tony Eiden
who is proposing to building homes in the area. Staff recommends that the
responsibility to repair the sewer is that of the developer. He requested that the
Council determine whether the City should share in the cost.
Councilmember Vasiliou asked who suggested the one-third cost split.
Director Moore stated the proposal was originally made by the developer's
attorney.
Councilmember Tierney asked if the same sewer installation were done today,
would it be done the same way, and whether it is common for a developer to
stockpile that amount of material over a sewer line. She also asked if the
developer was aware of the peat soil.
Director Moore stated there are very few records that relate to the project. There
is not enough information to make that determination. He stated it is not common
to stockpile that amount of material over a sewer line, but was probably done in
order that walk -out style homes could be built on the lots. Director Moore stated
that notes from a November 1989 preconstruction meeting indicate that according
to the soils report in 1985 from the developer's engineer, peat was in the area.
There would not have been a soil boring directly over the sanitary sewer.
The developer, John Henning, 16860 County Road 40, Carver, stated that he does
not feel he is responsible for any of the repair cost of the sewer. He stated he
obtained grading permits and was never informed about the peat by the City, and it
Regular Council Meeting
May 3, 1993
Page 15
was not shown on the as-builts. About 8-10 feet of fill was placed over the
sanitary sewer, and he stated it is normal to place 10 feet of fill over a good base.
He believes the City is totally responsible for the situation; however, he agrees to
participate in the one-third cost share.
Tony Eiden, 4100 Berkshire Lane, stated he has seven potential property buyers
who are ready to begin building projects. He stated the one-third cost sharing
proposal would be a way of resolving the issue so the repair project can move
ahead.
Councilmember Helliwell noted that the sewer was fine for over 20 years and
problems were experienced only when the earth movement was done by the
developer.
Mr. Henning stated that because the City issued the grading permits, the City
should be responsible for the repairs. He stated the developer had a sewer
engineer and soil engineer on-site during the grading project. He stated that
several types of pipe were installed on the sewer project, and he believes the clay
pipe would have to be replaced after 30 years.
Mayor Bergman asked how the repair would be done if a problem developed
several years from now.
Director Moore stated there are clay pipes still performing well in other cities after
100 years. In response to Mayor Bergman's question, he stated the repair would
probably be done by putting a lining inside'the sanitary sewer pipe which can be
accessed from the manhole.
Councilmember Tierney asked what is considered for issuance of a grading permit.
Director Moore stated the plan must be submitted by a professional engineer and
must include a soils report. He stated the as -built plans or project records do not
indicate how the sewer installation was done.
Mr. Henning stated his attorney was unable to attend this meeting, but his attorney
indicated that whoever installed the original sanitary sewer line will always be
responsible for the work.
Director Moore stated there is no statute of limitations with respect to engineering
design. The City staff does not do this type of design work. It would have been
done by consulting engineers.
Regular Council Meeting
May 3, 1993
Page 16
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, for the City to participate in one-third of the cost for the sanitary sewer
repair.
Councilmember Tierney stated that since the responsibility is difficult to determine,
the cost-sharing proposal could resolve the problem. She believes the City has
some responsibility through approval of the grading plans.
Mayor Bergman stated there has to be some limit to the City's potential liability in
these type of cases. He does not believe the City should pay for repair work that
was necessitated by something done by the developer.
Councilmember Helliwell stated she supports the cost-sharing by the City because
the City Attorney has indicated that if this case goes to court, the defense cost to
the City could be greater than the repair cost.
Henry Wintermute stated he is a potential homeowner in this area and asked for
clarification of the cost-sharing proposal. The cost-sharing proposal was
described. Another potential homebuyer in the area encouraged the Council to
participate in the cost-sharing because any fixture litigation costs would outweigh
the approximately $15,000 City share of the repair costs.
Motion failed: Helliwell and Tierney ayes; Edson, Vasiliou, and Bergman nays.
ITEM 8-D BUDGET GOALS FOR 1994
Manager Johnson stated preparation of the 1994 budget draft will begin in the next
few weeks. He asked that Councihnembers provide direction to staff regarding
their 1994 budget goals and priorities, particularly where new or expanded
programs are proposed.
Mayor Bergman stated the seven -member Council will need to be considered
during budgeting.
Councilmember Vasiliou stated that salaries account for the largest portion of the
budget, and it is difficult to discuss salaries and benefits when the Council hasn't
received the State Auditor's report.
Councilmember Edson stated that he would hope to be provided better information
on estimated current year revenues. He stated the Council should also evaluate the
General Fund operating reserve to determine whether the past practice of the
reserve being 40 percent of the budget is adequate. If so, this should be taken into
account during budgeting so the reserve is not further increased.
Regular Council Meeting
May 3, 1993
Page 17
Councilmember Vasiliou stated she wants the Council to review the memberships
for the various lobbying groups.
Councilmember Helliwell stated she would like to see the legal services
expenditures reduced to about $300,000. She also stated there is a possibility that
the 80 percent reimbursement by Hennepin County for the City's recycling
program may be reduced. Councilmember Helliwell suggested that rather than
increasing the budget for a seven member Council, the Council consider dividing
their current budgeted amount for salaries for seven members.
Councilmember Vasiliou stated she would support dividing the current amount
budgeted for Council salaries by seven members.
Councilmember Tierney stated she is concerned about increasing the levy over last
year's levy. She also would like the Council to consider in-house attorneys when
considering the legal budget.
ITEM 9-A CDBG AMENDED CITIZEN PARTICIPATION PLAN
Community Development Director Dillerud stated the Housing and
Redevelopment Authority (HRA) has recommended approval of a revised Citizen
Participation Plan as an aid to encourage the involvement of more lower income
citizens in consideration of programs and funding for CDBG activities.
MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to
adopt RESOLUTION 93-247 ADOPTION OF A CITIZEN
PARTICIPATION PLAN FOR THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM.
Motion carried on a roll call vote, five ayes.
ITEM 9-B-1 SENIOR CITIZEN HOUSING - INTERNAL FINANCING BY CITY
Connnunity Development Director Dillerud presented the staff report on the
proposal for internal financing for the Senior Housing Project at the northeast
corner of Plymouth Blvd. and 37th Avenue. He stated the pro forma from the
project manager, Walker Development, suggests that the City be the lender from
its investment pool at an interest rate which approximates a U.S. Treasury
obligation. It is anticipated that the City would formalize an interfund transfer of
6,500,000 over a six year period.
An alternative method of bond finance would be to go to an open market sale;
however, the interest rate would be about 7.5 percent versus 6 percent, or less
interest rate with a loan from the City. The attractiveness of the lower interest rate
Regular Council Meeting
May 3, 1993
Page 18
is the primary feature for using internal financing. In addition, over $500,000 of
underwriting and other issuance fees can be saved. The project would be pledged
as collateral.
Director Dillerud stated the HRA has approved making an equity contribution of
1,000,000 to the project, and an ongoing annual subsidy amount of $300,000 for
rent subsidies to qualifying seniors. The HRA is considering a sliding rent basis.
Councilmember Edson asked for the Finance Director's opinion of the internal
financing proposal.
Finance Director Hahn stated this would be a good financing option for the project
because the City cannot get good rates on its investments due to current low
interest rates.
Councilmember Tierney asked if there was any risk involved.
Finance Director Hahn stated there is the potential risk that the project could fail.
Community Development Director Dillerud stated the HRA retains its levy
authority which is about $375,000 each year. The housing would have to be about
50 percent vacant before the project would financially fail.
Councilmember Edson stated that even if the financing was done on the open
market, the City may need to guarantee the bonds in order to get a good interest
rate. The risk may be equal to internal financing. Also, the savings in
underwriting and attorney fees is significant under the internal financing option.
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-248 APPROVAL OF INTERNAL
FINANCING FOR THE DEVELOPMENT OF SENIOR CITMEN
HOUSING.
Motion carried on a roll call vote, five ayes.
ITEM 9-B-2 BID PROCESS FOR SENIOR CITIZEN HOUSING PROJECT
Community Development Director Dillerud stated that the HRA under state law
has control over the bidding process for the senior citizen housing project and
open bidding is not required. The project manager, Walker Development, has
suggested the creation of a "short list" of contractors who are experienced with
senior housing projects to quote the project without any commitment from the
HRA that the job would automatically be awarded to a specific contractor. This
process would allow the LIRA to get a more accurate estimate of projected
Regular Council Meeting
May 3, 1993
Page 19
building costs. The HRA has asked that the City Council indicate whether they
would support the process of a "short list" rather than using strictly a formal bid
process. Once the quotes are received, the HRA could decide to negotiate with
one contractor or to bid the project.
Councilmember Edson stated that the contractor who is selected for the project
would serve as the construction manager. The subcontractors would be bid. He
stated this process could be beneficial in reducing costs given the increased cost in
materials in recent months.
Manager Johnson stated he has had experience with the "short-list" approach and
believes the process keeps costs down while ensuring a quality project.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to endorse the concept of a "short-list" process for selecting a contractor
for the senior citizen housing project.
Motion carried, five ayes.
ITEM 9-C CDBG -INVITATION OF HENNEPIN COUNTY TO REJOIN AS A
PARTICIPATING COMMUNITY
Community Development Director Dillerud stated the City had been a participant
with other communities in Urban Hennepin County for purposes of Community
Development Block Grant (CDBG) funding since 1976. In 1990, Plymouth
achieved "entitlement status" when the City's population exceeded 50,000. The
City elected to deal directly with HUD, rather than through the County. Hennepin
County has recently asked the City to consider rejoining Urban Hennepin County
as a participating community. The HRA believe it would be best to maintain the
entitlement status having gone through a considerable learning curve over the last
three years. As a entitlement city, there is a 20 percent allowance for general
CDBG administration in addition to those administrative costs that can be
deducted for administering specific activities. It appears the City is somewhat
better off budget wise in maintaining entitlement status, and the HRA recommends
the City not rejoin Urban Hennepin County at this time.
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to adopt RESOLUTION 93-249 DECLINE THE INVITATION OF
HENNEPIN COUNTY TO REJOIN AS A PARTICIPANT COMMUNITY
IN THE URBAN HENNEPIN COUNTY PROGRAM.
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
May 3, 1993
Page 20
ITEM 9-D ASSESSMENT ALTERNATIVES, PROJECTS 308 AND 310
Public Works Director Moore presented the staff report on assessment alternatives
for New County Road 9 improvements, Project No. 310, and Dunkirk Lane
improvements, Project No. 308. He stated both projects were initiated through the
1993 Capital Improvements Program. The City's current assessment policy for
new improvements provides that LA -1 and LA -2 guided property be assessed for
up to one-half a 36 foot wide 7 -ton street with concrete curb and gutter and storm
sewer. Commercial and service business property would be assessed for one-half a
52 foot wide 9 -ton street with concrete curb and gutter.
He presented two alternatives for assessments for the projects: 1) On a front
footage basis; and 2) Spreading the cost across all the lots and future lots of
properties which abut the proposed improvements. The second alternative has
been prepared in consideration of the diagonal alignment of New County Road 9
and the severing of parcels making development more difficult for the owner. The
traffic consultant, Strgar-Roscoe-Fausch, has analyzed future roadway usage with
full development of the properties between Highway 55, Old Rockford Road,
Vicksburg Lane, and Dunkirk Lane with all proposed roadway improvements
completed. This analysis shows all properties in the area benefiting from the
proposed County Road 9 as well as upgraded Dunkirk Lane. He presented
information on proposed assessments under each assessment alternative. The
estimated total cost for both projects is $3,192,070. It is proposed that about
1,623,060 would be assessed, with the remainder paid by the City through utility,
park dedication, and state aid funds. He requested the Council provide direction
on the preferred assessment alternative and schedule public hearings on the
projects.
Councihnember Vasiliou asked when an assessment becomes pending on the
property.
Director Moore stated an assessment becomes pending when the project is
ordered. The Council has six months in which to order the project from the public
improvement hearing.
Bill Pritchard, Orrin Thompson Homes, represented Plymouth Creek Heights. He
stated that when he purchased this property, he assumed the current City
assessment policy on a front footage basis would be used. He stated County Road
9 does not abut or lie within the Plymouth Creek Heights Development. Mr.
Pritchard stated he has not had time to analyze the assessment alternatives with
staff and requested that this item be deferred to a future meeting. He also asked
why a 20 acre parcel designated for office use is not included in the proposed
assessment area.
Regular Council Meeting
May 3, 1993
Page 21
Director Moore stated that 20 acre development has costs that will likely be
assessed for another project.
Rick Sathre, Sathre-Bergquist, represented the Sugar Hills development. He
stated they generally support the concept of assessment by area rather than front
footage; however, he would like additional time to consider the options. Mr.
Sathre stated the majority of Sugar Hills residents will use Vicksburg Lane rather
than County Road 9 or Dunkirk Lane. Also, the Sugar Hills property was heavily
assessed for Vicksburg Lane improvements. He believes there should be some
consideration to increased assessments for lots that receive direct or indirect access
from the improved roadways.
Mr. Sathre asked if the City will receive reimbursement from the County for the
County Road 9 project, and how the project cost paid through state aid funds
compares to the proposed assessments. He stated the Sugar Hills developer also
had a considerable expense due to the County Road 9 right-of-way dedication.
The developer paid $170,000 for the land that was dedicated for the roadway, and
he believes the owner should be credited for that amount.
MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to
defer consideration of the assessment alternatives for New County Road 9 from
Vicksburg Lane to Highway 55, Project 310, and Dunkirk Lane from Old
Rockford Road to New County Road 9, Project 308, to allow time for developers
to meet with staff to discuss the questions raised.
Jim Shaw, 2130 Urbandale Lane, represented the church parcel. He supported the
deferment.
Motion carried, five ayes.
YPEM 9-E FII2ST QUARTER 1993 FINANCIAL STATEMENTS
Finance Director Hahn presented the First Quarter 1993 unaudited financial
statements. He stated that permit revenues are down slightly over the 1992 record
year; however, overall revenues are fairly strong.
Councilmember Vasiliou asked if the revenues were expected to be this strong for
1993.
Director Hahn stated the City did not anticipate that permit and other development
revenues would continue so strong in 1993. This has largely resulted from the
continued low interest rates.
Regular Council Meeting
May 3, 1993
Page 22
Manager Johnson stated that the future quarterly financial reports will indicate
percentage of budget received.
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Edson, to accept the first quarter 1993 financial report.
Motion carried, five ayes.
ITEM 9-F-1 1993 CLASSIFICATION. COMPENSATION, AND PAY EQUITY
IMPLEMENTATION PLAN
Manager Johnson presented the proposed 1993 Classification, Compensation, and
Pay Equity Implementation Plan for non-union employees. He stated the proposed
ranges for 1993 were arrived at by adding 2.9 percent (the rate of inflation) to the
1992 ranges. In addition, some of the ranges were adjusted for consistency with
the Clerical, Technical, Professional union proposal. He stated the 1993 Plan was
not adopted at the end of the 1992, as normally would be done, because three of
the four bargaining units were not settled at that time. Manager Johnson stated
that individual salary increases for non-union employees will be based on
performancelevel, market conditions, pay equity considerations, and the status of
other benefits. During 1992, the Council adopted a salary implementation policy
which limited increases for any individual to four percent, and department heads to
three percent. He requested that this policy not be continued for 1993 due to
possible changes in other city benefits, as well as performance levels, market, and
pay equity.
Manager Johnson stated the proposed resolution provides that the City Manager
will provide a comprehensive report on salary and benefits for non -represented
positions. The study will specifically include recommendations for revised policies
for mileage allowances, use of city vehicles, City contributions for life, health, and
dental coverage, and vacation allowances. The study will be provided no later
than September 1, 1993.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to remove the cap on salaries for employees of four percent and for
department heads of three percent.
Discussion was held on whether this Council direction given for 1992 salaries is
still in effect. Councilmember Edson stated his intent in making the motion last
year was that it would be effective for 1992 only, and the cap ended at the end of
1992.
Councilmembers Tierney and Helliwell removed their motion and second.
Regular Council Meeting
May 3, 1993
Page 23
Personnel Coordinator Sobania presented the proposed resolution.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-250 APPROVING THE 1993
CLASSIFICATION, COMPENSATION, AND PAY EQUITY
IMPLEMENTATION PLAN.
Councilmember Vasiliou stated she doesn't understand how the Council can act on
this issue until the state auditor's report is received and the Council has an accurate
reporting of salaries and benefits. She stated that she would like the benefit of the
state auditor's opinion, and that is her purpose for abstaining on the four agenda
items relating to salaries and benefits.
Councilmember Helliwell asked how employees would be impacted if the Council
took no action on this item.
Manager Johnson stated staff is still operating under the 1992 classification plan.
The most immediate impact is on a few long-term employees who are at the
maximum of their range. Their salaries will remain frozen until the ranges are
adjusted.
Personnel Coordinator Sobania stated the 2.9 percent increase approximates the
cost of living for the past year. In addition, other comparison cities have increased
salaries 2 1/2 to 3 percent.
Manager Johnson stated the 2.9 percent would equate what other City bargaining
units have received.
Councilmember Edson stated the Council should not let a delay on receipt of the
state auditor's response delay the Council on normal day-to-day compensation
issues. He stated the requested adjustment to the salary ranges is not out of line
and does not affect the auditor's report.
Councilmember Vasiliou stated she does not view compensation issues as routine
and once increased, it is difficult to go back.
Motion carried on a roll call vote, four ayes; Vasiliou abstained.
ITEM 9-F-2 AMENDMENTS TO VACATION LEAVE PORTION OF
PERSONNEL POLICY
Manager Johnson recommended adoption of a resolution which provides
authorization for the City Manager: 1) to negotiate an additional week of vacation
for certain candidates for employment where the employment of such person is
Regular Council Meeting
May 3, 1993
Page 24
highly desirable to the City and additional vacation may be necessary to induce the
person to accept the job offer; 2) to allow accrual of vacation leave beyond the
stated maximum only to serve a public purpose and to require reporting of such
authorization to the City Council; and 3) to authorize continuation of this benefit
for certain existing employees.
Mayor Bergman suggested that a reduction of the maximum vacation accrual from
320 to 240 hours is reasonable based on surveys from other cities.
Councilmember Edson stated that employees currently exceeding the 320 hour
maximum could be given a period of time to reduce their accrual to 240 hours.
Manager Johnson stated this provision is consistent with the 30 day maximum
accrual feature of the proposed agreement with the clerical, technical, and
professional bargaining unit. He recommended that the Council adopt the 240
hour maximum accrual in the future when the annual leave policy is considered.
Councilmember Edson stated he would support the amendment to the personnel
policy regarding vacation accrual with the understanding that in the future the
Council will consider an annual leave policy which will reduce the maximum
accrual.
MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell,
to adopt RESOLUTION 93-251 APPROVING THE AMENDMENTS TO
THE PERSONNEL POLICY REGARDING VACATION ACCRUAL, with
the understanding that an annual leave policy containing a reduced
maximum accrual will be presented for consideration in the future.
Motion carried on a roll call vote, four ayes, Vasiliou abstained.
ITEM 9-F-3 1993 HEALTH AND DENTAL INSURANCE BENEFITS
Manager Johnson recommended approval of 1993 health and dental insurance
benefits for non -represented city employees. Traditionally, department heads
received full medical and dental insurance coverage, employees who were
supervisors or above grade 9 received the coverage level negotiated in the
sergeant's contract, and general employees received the level provided to police
officers. He stated one change proposed for 1993 is to include all employees who
are exempt from overtime in the mid-level of increased benefits, rather than by
grade or "supervisory" status. Manager Johnson stated the proposal also includes
an increase in life insurance from $10,000 to $20,000.
Councilmember Vasiliou asked if these benefits could be adjusted following the
salary and benefit survey.
Regular Council Meeting
May 3, 1993
Page 25
Manager Johnson stated he may proposed a new policy following the study.
Mayor Bergman said he doesn't support the three levels of payments.
Councilmember Edson concurred and suggested that two levels be used for
exempt and non-exempt employees. He stated that, as in private business,
employees need to share in the cost of health care.
MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to
adopt a resolution approving the 1993 health and dental insurance benefits for non -
organized city employees, establishing two levels based on exempt or non-exempt
status.
Motion failed on a roll call vote: Edson and Bergman ayes; Tierney and Helliwell
nays; Vasiliou abstained.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to adopt a resolution approving the 1993 health and dental insurance
benefits with three levels of coverage as proposed in the original resolution.
Motion failed: Tierney and Helliwell ayes; Edson and Bergman nays; Vasiliou
abstained.
MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to
defer the issue of health and dental insurance benefits for non -organized city
employees and to direct the City Manager to recommend a two tier system based
on exempt/non-exempt status as part of the salary and benefit study.
Manager Johnson stated he has no problem basing insurance benefits on a two tier
system.
Councilmember Edson and Mayor Bergman withdrew their motion and second.
MOTION was made by Councilmember Tierney, seconded by Mayor Bergman, to
adopt RESOLUTION 93-252 APPROVING THE 1993 HEALTH AND
DENTAL INSURANCE BENEFITS FOR NON -ORGANIZED CITY
EMPLOYEES, establishing two levels based on exempt and non-exempt
status.
Motion carried on a roll call vote: four ayes; Vasiliou abstained.
Regular Council Meeting
May 3, 1993
Page 26
ITEM 9-F-4 VEHICLE AND MILEAGE ALLOWANCE POLICY
Manager Johnson stated the policy on vehicle provision and mileage allowance
needs more study. He suggested that the Council approve the continuation of City
vehicle provision and mileage allowances that were in effect on February 1, 1993,
until such time as the Council has an opportunity to review proposals or until
September 1, 1993.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to approve the continuation of vehicle provision and mileage allowances
that were in effect on February 1, 1993, until such time as the Council has an
opportunity to review proposals or until September 1, 1993.
Councilmember Vasiliou asked how the Council could act on this policy without
the benefit of records showing amounts paid to individual employees. She stated
there apparently is no record that shows what each employee has received.
Manager Johnson stated there are records on what employees have been paid.
There are not complete records in all cases of how much mileage is City related.
He stated some employees kept complete records, while others kept no records
and paid income taxes on the entire mileage amount received.
Councilmember Edson asked what mileage allowances are currently being paid,
and if the Council is being asked to temporarily authorize the existing practice to
continue.
Manager Johnson stated that mileage allowances in effect as of February 1 have
been continued to date. He is requesting that the existing practice be authorized to
continue until the salary and benefit report is presented to the Council no later than
September 1.
Councilmember Edson stated that City employees should be reimbursed for their
business mileage, and employees should not bear the cost while the Council
develops a policy. He suggested that the Council authorize mileage reimbursement
at $.28 per mile pending the investigation and determination of authorization of
benefits.
Manager Johnson stated the current authorized reimbursement amount established
by City Council policy is $.24 per mile.
Motion failed: Helliwell and Tierney ayes; Edson, Vasiliou, and Bergman nays.
Regular Council Meeting
May 3, 1993
Page 27
MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to
adopt RESOLUTION 93-253 AMENDING MILEAGE REIMBURSEMENT
POLICY AND PROCEDURES, establishing the reimbursement rate at the
standard IRS rate per mile.
Motion carried on a roll call vote, five ayes.
Councilmember Edson stated the City Manager has flexibility in establishing fair
compensation. He views this policy as an interim approach until September 1,
1993. By that time, a new compensation policy would be recommended by the
City Manager which would include a recommendation on vehicle provision and
mileage reimbursement. He stated that he has questioned the propriety of these
allowances because they may not be based on actual mileage. He stated using the
per mile basis rather than an allowance in the interim will make it accountable.
Councilmember Helliwell expressed concerns that logging and paying actual
mileage reimbursement for all employees will cause additional bookkeeping work.
She supports the Manager's recommendation to continue mileage allowances to
employees currently receiving it until the study and recommendation on salaries
and benefits is received by September 1.
Mayor Bergman stated he is unwilling to authorize mileage allowances, even on a
temporary basis, since he would not have originally authorized it.
Councilmember Helliwell stated the provisions in the City Manager's contract
should also be addressed.
Manager Johnson suggested that the Council obtain an opinion from the City
Attorney on this issue.
Attorney Meller stated that Dwight Johnson's contract is authorized by the existing
policy and was voted on by the Council.
MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to
adopt RESOLUTION 93-254 APPROVING VEHICLE PROVISION AND
MILEAGE POLICY, authorizing that all mileage be reimbursed at the
standard IRS rate until the City Manager proposes a policy for mileage
reimbursement that is consistent and integrated in overall compensation
practices. The policy is to be proposed no later than September 1, 1993. The
vehicle provision for the City Manager, Public Safety Director, and Fire
Chief is authorized to continue.
Motion carried on a roll call vote: Edson, Vasiliou, and Bergman ayes; Helliwell
and Tierney nays.
Regular Council Meeting
May 3, 1993
Page 28
Joe Domagala stated he would like the proposed policy extended to address
Councilmembers and Commissioners.
Mayor Bergman responded that Councilmembers and Commissioners do not
currently receive any reimbursement for mileage driven on City business.
ITEM 9-G STUDY SESSION SCHEDULE AND INFORMATION
Manager Johnson reported on the following upcoming events: Public Safety
Building Open House, Board of Review, Parkers Lake Playfield Grand Opening,
and Bass Lake Playfield Grand Opening.
The meeting was adjourned at 11:07 p.m.
Ti6 Clerk